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Pe AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AMN

 

     
   
    

PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADPRESS AND OR ORGANIZATION OF COUNSEL

 

 

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ISSUES INDEX NUMBER i : “EXHIBITS SUBMITTED TO THE BOARD) ©:
A93.01, A93.15, A93.22, A49.00 ORDER APPOINTING THE BOARD
A94.05

2 | APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

HEARING DATE CASE NUMBER

16 JUL 03 FD2003-00233

 

 

Lit | |

 

 

 

 

 

REMARKS
Case heard at Washington, D.C.

Change the narrative reason for separation to Secretarial Authority.
Change in reenlistment code was denied.

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

 

 

 

 
   

  
 

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a OF RECORDER SIG: HAT OR OF BOARD PRESIDENT

 

INDORSEMENT » DATE: 16 JUL 03 3 i

i

 

  

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
530 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE || ¢7)9993-99233

 

GENERAL: The applicant appeals for upgrade of discharge to Honorable, and change of reenlistment
eligibility (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: The discharge is upgraded to Honorable. The Reason for discharge is changed to Secretarial
Authority. Change of reenlistment code is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify upgrade of the discharge. However, based on the record, the Board finds that
the applicant’s character of discharge is inequitable.

Issue. The applicant indicated that during technical school his classmates harassed and beat him because of
his race. The applicant failed to press charges for this incident. The DRB could not find anything in the
applicant’s records to substantiate his claim of discrimination and harassment. However, the Board did find
that the applicant had a mental health evaluation in which it was indicated that the applicant was exhibiting
signs of anti-social personality and obsessive-compulsive features. A personality disorder diagnosis was not
rendered at this time due to the lack of accumulated mental health history on the applicant.

After a thorough and complete consideration of the information submitted by applicant and contained in the
records, the Board concluded there was sufficient mitigation to substantiate upgrade of the discharge.
Specifically, the Board found the characterization too harsh. However, they did not condone applicant’s

misconduct.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and change of reason for
discharge to Secretarial Authority, under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
Se

FD2003-00233
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 7 Nov 90 UP AFR 39-10,
para 5-26a (Unsatisfactory Performance). Appeals for Honorable Discharge and to
Change the Reentry Code.

2. BACKGROUND:

a. DOB: 24 Sep 71. Enlmt Age: 17 1/12. Disch Age: 19 1/12. Educ: HS DIPL.
AFOT: N/A. A~50, E-72, G-70, M-40. PAFSC: 90230 - Apprentice Medical Service
Specialist. DAS: 28 May 90.

b. Prior Sv: (1) AFRes 19 Nov 88 - 10 Sep 89 (10 months 1 day) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 11 Sep 89 for 4 yrs. Svd: 1 Yrs 1 Mo 28 Das, all AMS.

b. Grade Status: AMN - 11 Mar 30

c. Time Lost: None.

d. Art 15’s: None.

ée. Additional: ROC, 07 SEP 90 - Displaying inappropriate behavior and

disrespectful to a superior officer.

MFR, 06 SEP 90 - Failure to follow proper procedures for
patient care.

MFR, 30 AUG 90 - Placing patients records in the wrong box.

MFR, 27 AUG 90 - Spending too much time handling personal
business.

MFR, 24 AUG 90 - Displaying inappropriate behavior.

MFR, 17 AUG 90 - Refusal to participate in training.

RIC, 17 JUL 90 - Failure to participate in training.

MFR, 17 JUL 90 ~ Failure to participate in training.

£. CM: None.
g. Record of SV: None.

(Discharged from Hanscom AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (20) Das
TAMS: (1) Yrs (1) Mos (28) Das
FD2003-00233

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 25 Apr 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

SGO Letter, 14 Aug 90.

. Notification Memorandum, 13 Aug 90.
DD Form 214.

Rm Ww ho

L7JUNO3/ia
¢, DOCUMENT 3:

8. ISSUES

The Board will consider any Issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board Is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional Issues on an attachment.

‘THE VETERANS FLAT FOOT CONDITION EXISTED PRIOR TO SERVICE, BUT HE HAD A LEGALLY-RECOGNIZABLE PRESUMPTION OF
FITNESS AT THE TIME OF ENLISTMENT. THE CONDITION WAS AGGRAVATED BY HIS MILITARY SERVICE AND WAS TREATED IN —
ACCORDANCE WITH APPROPRIATE MEDICAL POLICIES. HOWEVER, THE VETERAN WAS HARRASSED BY CLASSMATES AND
INSTRUCTORS ALIKE FOR HIS INABILITY TO PARTICIPATE IN CERTAIN ACTIVITIES.

THE VETERAN WAS THE ONLY AFRICAN-AMERICAN IN HIS CLASS. THE VETERAN WAS BEATEN AND HAD HIS ARM BROKEN BY
CLASSMATES. HE DECLINED TO PRESS CRIMINAL CHARGES FOR FEAR OF REPRISAL. RECORDS INDICATE THAT THE VETERAN
WAS A MARGINAL PERFORMER PRIOR TO THE BEATING INCIDENT, AND DEVELOPED POOR ATTITUDE FOLLOWING THE INCIDENT.
HAD THIS BEEN CORRECTLY MANAGED BY HIS COMMAND, THEY WOULD HAVE RECOGNIZED THE VETERANS NEED FOR CRIME
VICTIM COUNSELING. THEY DID NOT.

GIVEN THE RELATIVE YOUTH OF THE VETERAN, THE PAIN OF THIS FOOT AND ANKLE INJURIES, THE PHYSICAL AND
PSYCHOLOGICAL TRAUMA OF BEING BEATEN AND HAVING HIS ARM BROKEN BY CLASSMATES, AND THE APPARENT

LACK OF APPROPRIATE RESPONSE BY HIS COMMAND, IT 1S REASONABLE TO ASSUME THAT THE APPLICANT DID EVERYTHING
WITHIN HIS POWER TO FAITHFULLY MEET HIS COMMITMENT. GIVEN THESE ISSUES, 1 BELIEVE IT IS FULLY APPROPRIATE TO
UPGRADE THIS VETERANS DISCHARGE FROM "GENERAL" TO "HONORABLE".

THE VETERAN HAS COMPLETED HIS BACHELOR'S DEGREE. HE HAS STATED THAT HE WISHES TO RETURN TO THE AIR FORCE
AS AN OFFICER. TO DO SO, HE WOULD ALSO NEED A CHANGE IN HIS RE-ENLISTMENT CODE.

| PREVIOUSLY SUBMITTED AN APPLICATION on (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES,

9. CERTIFICATION

! make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
Statement. (U.S. Code, Tite 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years,

or both.)
‘Ta. DATE (YYYYMMDD)
April 25, 2003

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW
ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E. SAF/MIBR Commandant (G-WPM)

on00 PMR RBR St Rm. 309 (NDRB) 550-C Street West, Suite 40 2100 Second Street, S.W.
St. Doula: MO 63132-5200 Washington Navy Yard, DC | Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001

(See http://arba.army.pentagon.mil) | 20374-5023
DD FORM 293, DEC 2000 Page 2 of 4 Pages
FD2003 - 00233

DEPARTMENT OF THE AIR FORCE
AIR FORCE SYSTEMS COMMAND CLINIC HANSCOM
HANSCOM AIR FORCE BASE, MASSACHUSETTS 01731-8300

' mPLY ro
arry or, 5GQ 2 October 1990

evaveer, Notification Letter

1. I am recommending your discharge from the United States Air Force for
unsatisfactory performance. The authority for this action is AFR 39-

10, paragraph 5-26(a). If my recommendation is approved, your service will
be characterized ag honorable or general. I am recommending that your
service be characterized ag general.

2. My reasons for this action are based on the observations of your
supervisors and the attached. ,

a. On 7 September 1990, you displayed inappropriate behavior in the
clinic by making remarks about being a transvestite. For this you were
counseled by the chief nurse.

b. On 6 September 1990, you failed to follow proper procedures for
patient care.

c. On 30 August 1990, you placed a patient’s records on the wrong
box. For this, you were counseled.

d. On 27 August 1990, you again went to finance for your financial
problems. The amount of time you have gpent there has caused your
coworkers to do extra work in your absence. Because you had spent too
much time there, you were counseled.

@. On 24 August 1990, you displayed inappropriate behavior by
telling your supervisor that you did not want to do your training
requirements. For this, you were counseled.

f, On 17 August 1990, you refuged to participate in the Emergency
Medical Technician course. For this, you were counseled.

g. On 17 July 1990, you failed to participate in the Emergency
Technician course. For this, you were coungeled.

. h. On 13 July 1990, you failed to participate in Emergency
Technician course. For this you were counseled.

3. You have the right to consult counsel. Military legal counsel has
been obtained to assist vou. I ave sade an appointment for you to
consult Capt Don 852- 3380, Pease AFB, NH, 5 October 1990, 1000
hours, You may consu:i civilian counsel at your own expense.
_ Pr2ets -—cd 2353

4, You have the right to submit statements on your own behalf. Any

gtatements you want the separation authority to consider must reach me by
5 October 1990, 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 coungel or to submit statements on your own
behalf, your failure will constitute a waiver of your right to do so.

6. You have been scheduled for a medical examination. A copy of the exam
is attached.

v
oR

7. Any pergonal information you furnish in rebuttal ig covered by the
Privacy Act Statement ag explained in AFR 39-10, attachment 6. A copy of
AFR 39-10 is available for your use in the clinic Orderly Room.

8. Execute the attached acknowledgment and return it to me immediately.

  

, USAF
Medical Squadron Gommander

 

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. LOC, “7 Sep 90 (a)
. MFR, 6 Sep 90 (
. MFR, 30 Aug 90(¢)

. MFR, 27 Aug 909)

. MFR, 24 Aug 90le/

. MFR, 17 Aug 9

. Roc, 17 Jul 9p)

. MFR, 13 Jul 90

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