AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ENITIAL) GRADE AFSN/SSAN
ee AB en:
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
“COUNSEL | NAME OF COUNSEL ANDOR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING ~~ HON CEN TOTHC OTHER DENY
a x
x
xX
ny x
[ee X
issues INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A01.00;A95.00 A67.90 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
18 Jul 03 FD2003-00246 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

, APPLICANT’S iSSUE AND THE BOARD'S DECISIONAL - RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

REMARKS
Case heard at Washington, D.C.

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.

 

 

 

OF BOARD PRESIDED

  
 

    

 

 

DATE: 18 JUL 03

 

 

a INBORSEMENT ( ~
ra " FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 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 | pyy9993.00246

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

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 the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

ISSUE. The Board finds that the applicant submitted no issues contesting the equity or propriety of the
discharge, and after a thorough review of the record, the board was able to identify none. The records
indicated the applicant received a Special Courts Martial conviction without a punitive discharge, two
Articles 15, three Letters of Reprimand, and four Letters of Counseling for misconduct. The misconduct
included willfully destroying U.S. government property, underage drinking, wrongfully possessing another
military members identification card, communicating a threat, late for duty, dereliction of duty, failure to
go, and possessing contraband while in correctional custody. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative behavior. 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00246

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

eee, (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Oct 98 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).

Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 21 Mar 78. Enlmt Age: 18 2/12. Disch Age: 20 6/12. Educ: HS DIPL.
AFOT: N/A. A-7O, E-43, G-46, M-34. PAFSC: 4A031 - Health Service Management

Apprentice. DAS: 9 Aug 97.

b. Prior Sv: (1) AFRes 31 May 96 - 15 APR 97 (10 months 16
days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 16 Apr 97 for 4 yrs. Svd: 1 Yrs 5 Mo 17 Das, all AMS.

b. Grade Status: AB - 28 Apr 98 (Article 15, Vacation, 28 May 98)
AMN - Unknown.

c. Time Lost: None.

d. Art 15’s: (1) 20 May 98, Vacation, Lackland AFB, TX - Article 92.

You, having knowledge of a lawful order issued by SSgt
° g not to possess any contraband while

assigned to the Correctional Custody Facility, an order
which it was your duty to obey, did, on or about 10 May
98, fail to obey the same by possessing a stolen Gerber
Multipurpose pocket knife. Article 121. You did, on or
about 10 May 98, steal a Gerber multipurpose pocket
knife, military property, of a value of about $29.95,
the property of the United States Government. Reduction
to AB. (No appeal) (No mitigation)

{2) 28 Apr 98, Lackland AFB, TX - Article 86. You did, on
or about 9 Apr 938, from about 0645 hours to about 0745
hours, without authority, fail to go at the time
prescribed to your appointed place of duty. Suspended

. reduction to AB, 21 days correctional custody, and
forfeiture of $100.00 pay. (No appeal) (No mitigation)

e. Additional: LOR, 11 MAY 98 - Dereliction of duty and found with stolen
contraband inside wall locker.
LOR, 19 MAR 98 - Late for duty.
FD2003-00246

LOC, 13 FEB 98 - Late for duty.

LOC, 13 FEB 98 - Dereliction of duty.

LOR, 05 FEB 98 - Late for duty.

LOC, 09 JAN 98 - Late for duty.

LOC, 25 SEP 97 - Communicating a threat to two co-workers.

f. CM: Special Court Martial Order No.3 - 4 Aug 98
CHARGE I: Article 108.

Specification: Did, on or about 16 May 98, without authority,
willfully destroy by burning a telephone, of a value of about
$28.00, and a microwave oven, of a value of about $28.00, anda
microwave oven, of a value of about $117.69, military property of
the United States. Plea: Guilty. Pinding: Guilty.

CHARGE II: (Withdrawn after pleas).

CHARGE III: Article 92.

Specification: Who knew of his duties, on or about 16 May 98, was
derelict in the performance of those duties in that he willfully
failed to refrain from drinking alcoholic beverages while under
the age of 21, as it was his duty to do. Plea: Guilty. Finding:
Guilty.

CHARGE IV: Article 134.
Specification: Did, at or near San Antonio, Texas between on or

about 1 Mar 98 and on or about 3 Jun 98, wrongfully possess the
Military Identification Card (DD Form 2) issued in the name of

TSgt ; which he, the said AB aii
then well knew to be unauthorized. Plea: Guilty.

Finding: Guilty. Sentence adjudged on 13 Jul 98: Confinement for
five months and forfeiture of $615.00 pay per month for five
months.
g.- Record of SV: None.
{Discharged from Lackland AFB)
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (4) Mos (2) Dag
TAMS: (1) Yrs (5} Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 May 03.
{Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2003-00246

ATCH
None.

2Z0JUN03/ia
Pip 28083 ~20 24%

DEPARTMENT OF THE AIR FORCE
59'" Medical Wing (AETC)

FROM: 759 MDOS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from United States Air Force for 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
service will be characterized as Honorable or General. I am recommending that your
service be characterized as Under Honorable Conditions (General).

2. My reasons for this action are:

a. On or about 16 May 98, without proper authority, you willingly destroyed by
burning a telephone and a microwave oven, the property of the United States.
Also, you were derelict in the performance of your duties in that you willingly
consumed alcohol while under the age of 21. Further, on or about 1 Mar 98
and on or about 3 Jun 98, you wrongfully possessed a Military Identification
Card (DD Form 2) issued in the name of TSg er For these
offenses, you were tried by Special Courts-Martial and sentenced to
confinement for 5 months and forfeitures of $615.00 per month for 5 months.

 

b. On or about 17 Sep 97, you used provoking speeches and gestures, to wit:
you communicated a threat to two of your co-workers. For this infraction,
you received a Letter of Counseling (LOC) on 25 Sep 97.

c. On or about 9 Oct 97, you were derelict in the performance of your duties, to
wit: you failed to complete AF Form 259, Third Party Collection, on several
patients. For this infraction, you received a Letter of Reprimand (LOR) on 9
Oct 97.

d. On or about 8 Jan 98, you failed to report to your place of duty, to wit: you
arrived at your duty section after your prescribed time for duty. For this
infraction, you received a LOC on 9 Jan 98.

e. On or about 5 Feb 98, you failed to rencrt iv your place of duty, to wit: you
atrived at your duty section fee our prescribed time for duty. For this
infraction, you reccived a LOR on 5 Feb 98.
FD AcOZ -2O0R2Y6

f. On or about 12 Feb 98, you were derelict in the performance of your duties, to
wit: you failed to render assistance to a patieht who was standing in front of
you. For this infraction, you received a LOC on 13 Feb 98.

g. Onor about 13 Feb 98, you failed to report to your place of duty, to wit: you
arrived at your duty section after your prescribed time for duty. For this
infraction, you received a LOC on 13 Feb 98.

h. On or about 5 Mar 98, you failed to report to your place of duty, to wit: you
arrived at your duty section at 0805 when your duty hours began at 0645. For
this infraction, you received a LOR on 19 Mar 98 with an Unfavorable
Information File (UIF) on 31 Mar 98.

i. Onor about 9 Apr 98, you failed to report to your place of duty, to wit: you
arrived at your duty section at 0745 when your duty hours began at 0645. For
this infraction, you received an Article 15 on 16 Apr 98. Your nonjudicial
punishment was 21 days correctional custody, a suspended reduction to the
grade of Airman Basic (E-1), and forfeiture of $100.00 pay.

j. On or about 10 May 98, you were derelict in the performance of your duties,
to wit: you were found with stolen contraband inside of your wall locker. For
this infraction, you received a LOR on 11 May 98, elimination from the
correctional custody program on 11 May 98, and vacation of Article 15
punishment consisting of a reduction to the grade of Airman Basic (E-1),
effective 20 May 98.

. Copies of this 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.

. You have the right to counsel. Military Legal Counsel obtained for you. I
have made an appointment for you to consult
at Building #7024, on } [|p ah at }]@Ag hours. You May consult civilian

counsel at your own expense. If employed, civilian counsel must be readily available.

 

. You haye the right to submit statements in your own behalf. Any statements you
want the separation authority to consider must reach me with three workdays, unless
you request and receive an extension for good cause shown. I will send them to the
separation authority.

-6. Ifyou fail to const 221.228! or to submit statements in your own behalf, your failure
will co: isiiiute a waiver of your right to do so.
fp2003-O2LE

7. You have been scheduled for a medical examination. You must report to Building
#6612, Room 502, Monday through Friday, between 1300 - 1500 hours with your
medical, immunization, and dental records for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of
1974. A copy of AFI 36-3208 is available for your use at the 59" Medical Operations
Group Orderly Room.

   

_ ; 60 A ms P
Cémmander, 759 MDOS

Attachments:

la. AF Form 1359, 13 Jul 98

Ib. LOC, 25 Sep 97

Ic. LOR, 9 Oct 97

1d. LOC, 9 Jan 98

le. LOR, 5 Feb 98

if. LOC, 13 Feb 98

lg. LOC, 13 Feb 98.

th. AF Form 1058, 31 Mar 98

li. LOR, 19 Mar 98

1j. Memorandum for MSet Sate Apr 98
1k. Memorandum for Record,9 Apr98

11. AF Form 3070, 28 Apr 98

Im. LOR, 11 May 98

In. | Memorandum for 759 MDOS/CC, 11 May 98
lo. AF Form 366, 20 May 98 .

2. Airman’s Receipt of Notification Memorandum