: | AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
a AB
TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
  

 
 

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MEMBERS SITTING

 

 

 

 

ISSUES INDEX NUMBER

 

 

A93.21, A93.13, A94.11, A67.10 1
A01.13 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
14 AUGUST 03 FD2003-00214 Gin irnraverSicici Rosecact wey crsas a eet a7). -1o

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

SIGNATURE OF A g ae

 

       
 

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

1535 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

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

    
 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00214

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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

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

a

FINDINGS: Upgrade of Discharge is denied.

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

Issues. Applicant was discharged for minor disciplinary infractions. The records indicated the applicant
received two Articles 15, three Letters of Reprimand, two Letters of Counseling, and six Records of Individual
Counseling. His misconduct included three missed appointments, insubordination toward a noncommissioned
officer (NCO), two instances of reckless driving, three incidents of disrespect toward an NCO, disrespect
toward a civilian employee, sleeping on duty, failure to perform assigned duties, dress and appearance
violations, misuse of a government vehicle, twice late for work, and twice failure to go. Applicant contends
discharge was inequitable for various reasons. Those include a medical problem with his foot that prevented
his utilization in the aircraft maintenance career field, boredom in the alternative position he was put in, a
perception of being singled out due to different religious and moral beliefs, and false accusations being
brought against him. The Board noted that nine different people of various ranks had signed the array of
disciplinary documents given to member. The Board could not find any merit in applicant’s contentions of
bias or false accusations against him. Although the Board noted the medical records included entries for
applicant’s foot problems, the record failed to disclose and causal connection between this medical problem
and applicant’s misconduct. The DRB opined that through the administrative actions taken, the applicant had
ample opportunities to change his negative behavior and was unable or unwilling to do so. 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.

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
FD2003-00214
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

Se (Former AB) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 14 Dec 01 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge.

2. BACKGROUND: |

a. DOB: 13 Apr 79. Enlmt Age: 18 9/12. Disch Age: 22 8/12. Educ: HS DIPh.
AFOT: N/A. A-67, E-72, G-46, M-65. PAFSC: 2A251A - Aerospace Propulsion Jet

Engines Journeyman. DAS: 31 Aug 98.

b. Prior Sv: (1) AFRes 6 Feb 98 - 24 Mar 98 (1 month 19 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 25 Mar 98 for 4 yrs. Svd: 3 Yrs 8 Mo 20 Das, all AMS.

b. Grade Status: AB - 26 Nov 01 (Article 15, 26 Nov 01)
AlC + 31 Oct 01 (Article 15, 31 Oct 01)
SRA - 25 Mar 01
Alc - 25 Jul 99
AMN - 25 Sep 98

c. Time Lost: None.

d. Art 15’8: (1) 26 Nov 01, Seymour Johnson AFB, NC - Article 86. You
did, on or about 30 Oct 01, without authority, fail to
go at the time prescribed to your appointed place of
duty. Reduction to AB. (No appeal) (No mitigation)

(2) 31 Oct 01, Seymour Johnson AFB, NC - Article 86. You
did, on or about 15 Oct 01, without authority, fail to
go at the time prescribed to your appointed place of
duty. Reduction to A1C. (No appeal) (No mitigation)

e. Additional: LOR, 01 OCT 01 - Late for work and missed appointment.

RIC, 19 SEP O01 - Late for work.

RIC, 20 AUG 01 ~- Misuse of a government vehicle.

RIC, 16 JUL 01 - Missed appointment.

RIC, 06 JUL 01 - Improper wear of the uniform and
disrespect to an NCO.

RIC, 01 JUN 01 - Failure to perform assigned duties,
sleeping on duty, and disrespect towards
an NCO.

RIC, 05 APR 01 - Disrespect towards a civilian worker.

LOC, 17 NOV 00 - Careless driving and disrespect towards an
FD2003~-00214

NCO.
LOC, 06 OCT 00 - Reckless driving and passenger making an
obscene gesture to another driver/car.
LOR, 04 MAY 00 - Insubordinate conduct towards an NCO.
LOR, 14 JAN 00 - Missed appointment .

f. CM: None.

g. Record of SV: 25 Mar 98 - 24 Nov 99 Seymour Johnson AFB 4 (Initial)
25 Nov 99 - 24 Nov 00 Seymour Johnson AFB 3 = (Annual)

(Discharged from Seymour Johnson AFB)
h. Awards & Decs: AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (3) Yrs (10) Mos (9) Das
TAMS: (3) Yre (8) Mos (20) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 13 May 03.
(Change Discharge to Honorable)

Issue 1: Entered military with aspirations to work on aircraft. When re-
occuring (sic) foot problems caused me to be placed into a work environment
which I was not enlisting for. Inability to wear steel toed boots kept me out
of field of work and training. Once foot healed, I asked many times to be
placed back into field of training and was promised many times to be placed back
in field training and it never happened.

Issue 2: Placement into unchallening (sic) position resulted in boredom
which allowed no advancement. Due to differances (gic) of religious and moral
beliefs, I feel that I was singled out and humiliated during work resulting in
unfair treatment and punishment. Biased opinions and actions against me.

Issue 3: Had several false accusations brought against me which were

unwarranted, and without merit. They were false. Me and supervisor were
seperated (sic) due to complaints brought by me against supervisor resulting in
removal of supervisor and relocation to different section of workshop.

Issue 4: No offers to cross-train into different field, or replacement back
into original field of training.

ATCH
None.

60UN02/ia
Pp2003 - FORE
DEPARTMENT OF THE AIR FORCE .

4TH FIGHTER WING (ACC)
SEYMOUR JOHNSON AIA FORCE BASE NG

 

06 DEC 2001
MEMORANDUM FOR AB @jiaaaneiianaaeiiaanasanna

FROM: 4 CRS/CC

SUBJECT : Notification Memorandum

1. 1am recommending your discharge from the United States Air Force due to misconduct, specifically
minor disciplinary infractions. The authority for my recommendation is AFPD 36-32 and AFI 36-3208,
Chapter 5, Section H, Paragraph 5.50. According to Table 1.3 of AFI 36-3208, your can be characterized
as honorable, general, or under other than honorable conditions. I am recommending your discharge be

characterized as general.
2. My reasons for this action are:

a. On or about 14 January 2000, you did not report for Annual Ready Team training for which you
received a Letter of Reprimand. These actions are documented by a Letter of Reprimand, dated
14 January 2000 (Tabla).

b. On or about 25 April 2000, you exhibited insubordinate conduct towards a noncommissioned
officer for which you received a Letter of Reprimand, These actions are documented by a Letter of
Reprimand, dated 4 May 2000 and an AF Form 1168, dated 28 April 2000 (Tab 1b).

c. On or about 6 October 2000, you were observed driving recklessly and making obscene gestures to
another driver for which you received a Letter of Counseling. These actions are documented by a Letter
of Counseling, dated 6 October 2000 (Tab Ic).

d. On or about 17 November 2000, you were observed driving in a manner which put your safety and
the safety of other in jeopardy. Also, when confronted about this incident, you were disrespectful
towards a noncommissioned officer for which you received a Letter of Counseling. These actions are
documented by a Letter of Counseling, dated 17 November 2000 (Tab 14d).

e. On or about 5 April 2001, you were disrespectful towards a co-worker in the propulsion flight for
which you received a Record of Individual Counseling. These actions are documented by an AF Form

174, dated 5 April 2001 (Tab le).

f. On or about 31 May 2000, you failed to perform your assigned duties on several pieces of
equipment for which you received a Record of Individual Counseling. These actions are documented by
an AF Form 174, dated 1 June 2001 (Tab 1f).

g. On or about 6 July 2001, you failed to comply with Air Force Dress and Appearance standards in
that you failed to conceal or remove your gold necklace for which you received a Record of Individual
Counseling. These actions are documented by an AF Form 174, dated 6 July 2001 (Tab 1g).

GHobal Power For America
PD2003- 2o2/F

h. On or about 12 July 2001, you failed to attend scheduled mandatory chemical warfare refresher
training for which you received a Record of Individual Counseling. These actions are documented by an

AF Form 174, dated 16 July 2001 (Tab th),

i. On or about 16 August 2001, you used a government vehicle for other than official business for
which you received a Record of Individual Counseling. These actions are documented by an AF Form

1-74, dated 20 August 2001 (Tab 1i)..

j. On or about 12 September 2001, you reported for duty without wearing your uniform. You then
had to go home, which resulted in you reporting for duty late. You received a Record of Individual
Counseling for your misconduct. These actions are documented by an AF Form 174, dated 19 September

2001 (Tab 1)).

k. On or about 20 September 2001, you failed to report for your scheduled appointment after being
properly notified by TSgt a On or about 25 and 26 September 2001, you reported late for duty. .
For these incidents of misconduct, you received a Letter of Reprimand and an Unfavorable Information
File (UIF) was established. These actions are documented by an AF Form 1058, dated 17 October 2001

with attachments (Tab Ik).

1. On or about 15 October 2001, you failed to report for duty for which you received Article 15
punishment. These actions are documented by an AF Form 3070, dated 25 October 2001 (Tab 11).

m. On or about 30 October 2001, you failed to go to your appointed place of duty for which you ~
received Article 15 punishment. These actions are documented by an AF Form 3070, dated

15 November 2001 (Tab 1m).

3. Copies of the documents to be forwarded to the separation authority in support of this
Tecommendation are attached. The commander exercising Special Courts-Martial (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.

4. 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 Cap QR Aca Defense Counsel, at 1185 Cannon
Street, Suite 308, Seymour Johnson AFB NC. The Area Defense Counsel can be reached at ext. 2-5345
or DSN 722-5345. Your appointment has been scheduled on (Dee Ol (date) at ISHS

(time). You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the separation

authority to consider must reach me by _[\_ Dec Ol [/44S (allow three duty days) unless you request
and receive an extension for good cause shown. I wilf send them to the separation authority.

6. 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.
Fp 2003 -e0ns 4

7. You have been scheduled for a-mandatory medical examination at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFB, at 0715 hours on 7 December 2001. You are scheduled for a

mandatory follow-up examination at Family Practice (Gold Panel) at 0730 hours on 7 December 2001

8. You have been scheduled for mandatory Transition Assistance Program (TAPs) counseling on

% Dee 2001 at {30% hours. You must report to MSot building 3602 for your TAPs
counseling.

9, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of |
AFT 36-3208 is available for your use at the unit orderly room or the Area Defense Counsel office.

10. Execute the attached acknowledgement and return it to me immediately.

 

Commander, 4 CRS

Attachments:

Supporting Documentation:

Notice of Reprimand, dated 14 January 2000

Letter of Reprimand, dated 4 May 2000 and AF Form 1168, dated 28 April 2000

Letter of Counseling, dated 6 October 2000

Letter of Counseling, dated 17 November 2000

AF Form 174, dated 5 April 2001

AF Form 174, dated 1 June 2001

AF Form 174, dated 6 July 2001

AF Form 174, dated 16 July 2001

AF Form 174, dated 20 August 2001

AF Form 174, dated 19 September 2001

AF Form 1058, dated 17 October 2001 with attachments

ror toe hoe ao oe

AF Form.3070, dated 25 October 2001
m. AF Form 3070, dated 15 November 2001