NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

 

AFSN/SSAN

 

 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

 

ISSUES INDEX NUMBER
A94,53 A67,90
HEARING DATE CASE NUMBER

7 AUG 03 FD2003-0212

 

Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00

  
 

   
  
    

 

  

(EF-V2)

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

  

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

1
2
3 | LETTER OF NOTIFICATION
4

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

ATURE OF BOARD PRESID:

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

7AUGOS |

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°" FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0212

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

‘The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant does not contest his discharge, he states that he plans to continue his education until he
achieves his Bachelor’s in Nursing degree and that he would like to re-enlist in the military. The record
indicates the applicant received three Article 15s, two of them for failure to go and the other one for
willfully failing to stop during a routine traffic stop by a base Security Policeman. Additionally, he
received three Letters of Reprimand for creating a disturbance in the dormitory and for failure to make
satisfactory progress in the Weight Management Program, and a Record of Individual Counseling for being
late for duty. The Board concluded the misconduct was a significant departure from conduct expected of
all military members. The characterization of the discharge received by the applicant was found to be

appropriate. The Board found no evidence of any inequity or impropriety on which to base a decision to
upgrade the discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00212
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 8 Jan 95 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge, to Change the RE Code, Reason and
Authority for Discharge.

2. BACKGROUND:

a. DOB: 14 Mar 70. Enlmt Age: 19 5/12. Disch Age: 24 9/12. Educ: HS DIPL.
AFOT: N/A. A-53, E-74, G-66, M-65. PAFSC: 2T151 - Vehicle Operator Dispatcher
Journeyman. DAS: 9 Jun 94.

b. Prior Sv: (1) AFRes 13 Sep 89 - 10 Jan 90 (3 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 11 Jan 90 for 6 yrs. Svd: 4 Yrs 11 Mo 29 Das, all AMS.

b. Grade Status: AMN - 24 May 95 (Article 15, 24 May 95)
Alc - 06 Jan 95 (Article 15, 06 Jan 95)
SRA - 27 Jun 92
AlC - 27 Feb 90

c. Time Lost: None.

d. Art 15’s: {1) 24 May 95, Lackland AFB, TX - Article 86. You did, on
or about 3 May 95, without authority, fail to go at the
time prescribed to your appointed place of duty.
Reduction to Amn. (No appeal) (No mitigation)

(2) 06 Jan 95, Lackland AFB, TX - Article 92. You, did, on
or about 20 Nov 94, having knowledge of your duties,
were derelict in the performance of those duties in that
you willfully failed to stop during a routine traffic
stop by SrASQRMMMPrY Base Security Policeman, as it
was your duty to do. Reduction to A1C, suspended
forfeiture of $567 pay per month for two months.

(No appeal) (No mitigation)

(3) 23 Feb 94, RAF Upper Hayford, UK - Article 86. You,
did, on or about 31 Jan 94, without authority, fail to
go at the time prescribed to your appointed place of
duty. Suspended reduction to Alc, and forfeiture of
$100.00 per month for two months. (No appeal) (No
mitigation)
FD2003-00212

e, Additional: LOR, 23 MAY 95 - Creating a disturbance in the dormitory.

LOR, 09 MAY 95 - Failure to make satisfactory progress in
the Weight. Management Program.

LOA, 04 MAY 95 - Failure to make satisfactory progress in
the Weight Management Program.

LOR, 22 DEC 94 - Apprehended for a domestic disturbance and
intoxication.

RIC, 23 NOV 94 - Late for duty.

£. CM: None.

g. Record of SV: 11 Jan 90 - 19 Nov 91 RAF Upper Hayford 4 (Initial)
20 Nov 91 - 19 Nov 92 RAF Upper Hayford 5 (Annual)
20 Nov 92 - 27 Sep 93 RAF Upper Hayford 5 (CRO)
28 Sep 93 - 01 Mar 94 RAF Upper Hayford 3 (CRO)REF
02 Mar 94 - 02 Mar 95 Lackland AFB 2 (Annual) REF

(Discharged from Lackland AFB)

h. Awards & Decs: AFAM W/1 OLC, AFOUA W/1 OLC, AFGCM, NDSM, AFOSLTR,
AFLSAR, AFTR.

i. Stmt of Sv: TMS: (5) Yrs (3) Mos (27) Das
TAMS: (4) Yrs (11) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 25 Apr 03.
(Change Discharge to Honorable, Change the RE Code, Reason and Authority for
Discharge)

Issue 1: Plan to continue education until I achieve my Bachelor's in
Nursing degree.

Issue 2; After recieving (sic) my BSN I would like to re-inlist (sic) in
the military to be a flight medic. -

Issue 3: I have continued to support my country and not said anything
against my country or the military.

ATCH

1. College Transcript.
2. Health Professions Certification.

5JUN03/ia
‘MEMORANDUM FOR Amn’

 

PF P2225 - OO 2/2.

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

3 O MAY 1995

37 TRANS

 

FROM: 37 TRANS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your
discharge will be described as honorable or under honorable conditions (general). Iam
recommending that your service be characterized as under honorable conditions (general),

2. My reasons for this action are:

a. On or about 31 Jan 94, you did at RAF Upper Heyford, Oxfordshire, United Kingdom
Failed to go at the time prescribed to your appointed place of duty, for which you received an
Article 15 dated 23 Feb 95, Reduction to the grade of Airman First Class and forfeiture of
$100.00 pay for two months; reduction to Airman first class is suspended until 21 Aug 94, after
which time it will be remitted without further action unless sooner vacated

b. On or about 15 Jul 94, you failed to show for the Info Expo as it was your duty to do so.

c, On or about 2 Aug 94, you were counseled about receiving a Dishonored Check
Notification From AAFES Stating that you had 3 checks returned for Insufficient Funds for a

total of $147.24

d. On or about 23 Nov 94, you were late for duty one hour and thirty-five minutes, for which
you received an AF FORM 174 Record of Counseling dated 23 Nov 94.

e. On or about 26 Nov 94, you were apprehended for a domestic disturbance by the Bexar
County Sheriff and at the time of apprehension you were very intoxicated and had a strong smell
of an alcoholic beverage omitting from your person. It was further stated by your wife that you
had returned home drunk and started arguing with her, for which you received a Letter of
Reprimand dated 22 Dec 94.
PD 2005 —00 2/2.

f. On or about 20 Nov 94, you were derelict in the performance of your duties in that you

willfully failed to stop during a routine traffic stop by ‘7 as it was your duty to do
so, for which you received an Article 15 dated 6 Jan 95, with a reduction to the grade of Airman

First Class with a new date of rank of 6 Jan 95.

g. On or about 3Apr 95, you failed to make satisfactory progress in Phase I of the Weight
Management Program, for which you received a Letter of Admonition dated 4 May 95.

* hb. Onor about 4 May 95, you failed to make satisfactory progress in Phase I of the Weight
Management Program (third unsatisfactory period), for which you received a Letter of
Reprimand dated 9 May 95.

i. On or about 8 May 95, at approximately 2300 hours, you were creating a disturbance while
in the Tech Training Dormitory Building 112, As a permanent party member of Lackland AFB,
your presence in the Tech Training dormitory is unauthorized unless in the performance of your
duty, for which you received a Letter of Reprimand dated 23 May 95.

4. On or about 3 May 95, you did at Lackland AFB, without authority, failed to go at the time
prescribed to your appointed place of duty, for which you received an Article 15 dated 24 May
95, with a reduction to the grade of Airman with a new date of rank of 24 May 95.

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or a higher
authority will decide whether you will be discharged or retained in the Air Force and, if you are.
discharged, how your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult the Area Defense Counsel (ADC) at Bldg 7024
2nd floor at . You may consult civilian counsel at your own

expense.

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by (allow 3 workdays) 2 Wut GS _ unless
you request and receive an extension for good cause shown. I will send them to the separation
authority.

5. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

6. You have been scheduled for a medical examination. You must report to Bldg 6612, room

502, on 30 May G5 at (360 hes for the examination.

7, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFR 36-3208, is available for your use in the RAPIDS Discharge Office..
Attachments:

. Article 15 dated 23 Feb 95

. No Show Letter dated 19 Jul 94

AAFES FORM 7200-75 Dishonored Check Notification dated 2 Aug 94
AF Form 174 Record of Individual Counseling dated 23 Nov 94
Letter of Reprimand dated 22 Dec 94

Article 15 w/atch dated 6 Jan 95

Letter of Admonition dated 4 May 95

Letter of Reprimand dated 9 May 95

. Letter of Reprimand dated 23 May 95

10. Article 15 dated 24 May 95

11. Airman’s receipt of notification memorandum

PerNANPYNo