AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ai, “m =a
PERSONAL APPEARANCE x RECORD REVIEW

    

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 
  
     
 
 
 
       
   
   

 
 

Uperade Discharge
Deny
Deny
Deny
Deny
; eee eee “san
Deny
ISSUES INDEX NUMBER
| 1 | ORDER APPOINTING THE BOARD
A9S.00 A67.90 |2 | APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
| 4 | BRIEF OF PERSONNEL FILE
| | COUNSEL’S RELEASE TO THE BOARD
HEARING DATE CASE NUMBER a ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
12 Aug 2003 FD-2003-00258 PERSONAL APPEARANCE
| | TAPE RECORDING OF PERSONAL APPERANCE

ne

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 AFRBCMR

 

  

    
 
    
 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

SAF/MRBR
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-2003-00258

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. .

FINDINGS: Upgyade of Discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was unable to identify any that would justify a
change of discharge.

ISSUE: The applicant submitted no issues and requested that the review by completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received
an Article 15 for being derelict in the performance of his duties in that he willfully failed to wear a
bicycle helmet while operating a bicycle and for failure to go. He also received a Vacation action under
the UCMJ for being derelict in the performance of his duties in that he willfully failed to maintain his
dormitory room in accordance with Air Force standards. Additionally, he received six Letters of
Reprimand for being apprehended for driving with a suspended license and no vehicle registration,
reporting late for work, not shaving, lying, failure to obey an order, possession of an unauthorized pet in |”
his dorm room, failure to report to duty, sleeping on duty and failure to perform his duties. The DRB
opined that through these administrative actions, the applicant had ample opportunities to change his
negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant
departure from the conduct expected of all military members. The Board found no evidence of
impropriety or inequity in this case on which to base an upgrade of 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.

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

Attachment:
Examiner's Brief
FD2003-00258
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

Sees (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 4 SEP 02 UP AFI 36-3208,

para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline) .
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 10 Feb 83. Enlmt Age: 17 2/12. Disch Age: 19 6/12. Educ: HS DIPL.
AFOT: N/A. A-21, E-41, G-37, M-66. PAFSC: 2A733 - Aircraft Structural
Maintenance Apprentice. DAS: 2 Jan 02.

b. Prior Sv: (1) AFRes 24 Apr 00 - 11 Jun 01 (1 Year 1 Month 19
Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 12 Jun 01 for 6 yrs Svd: 1 Yr 2 Mos 24 Das, all AMS.

b. Grade Status: AMN - 30 Jul 02 (Article 15, 30 Jul 02)
Alc - 27 Jul O1

ce. Time Lost: None.

d. Art 15's: (lL) 9 Aug 02, Vacation, Offutt AFB, NE - Article 92. You,
who knew of your duties, on or about 7 Aug 02, were
derelict in the performance of those duties in that you
willfully failed to maintain your dormitory room in
accordance with Air Force standards, as it was your duty
to do. Forfeiture of $200.00. (No appeal) (No
mitigation)

(2) 30 Jul 02, Offutt AFB, NE - Article 92. You, who knew
of your duties, on divers occasions, between on or about
12 Jul 02 and on or about 22 Jul 02, were derelict in
the performance of those duties in that you willfully
failed to wear a bicycle helmet while operating a
bicycle, as it was your duty to do. Article 86. You,
did, on or about 25 Jul 02, without authority, fail to
go at the time prescribed to your appointed place of
duty. Reduction to Amn, fourteen days extra duty, anda
suspended forfeiture of $200.00 pay. (No appeal) (No
mitigation)

e. Additional: LOR, 12 AUG 02 - Apprehended for driving with a suspended
license and no vehicle registration.
Reporting late for extra duty job,
—. CM: None.

LOR, 09
LOR, 19
LOR, 17
LOR, 11
LOR, 21
Traffic
Traffic

g. Record of SV: None.

h. Awards & Decs:

i. Stmt of Sv:

4. BASIS ADVANCED FOR REVIEW:

FEB

02
02

02
02

02

FD2003-00258

reporting to duty without properly
shaving, and lying.

~ Failure to obey an order.

~ Possession of an unauthorized pet in dorm
room.

~ Late for work.

~ Failure to report to SF Augmentee
training.

~ Sleeping on duty and failure to perform
duties.

Ticket, 10 FEB 02 ~ Failure to use turn signal and

failure to dim headlights.

Ticket, 07 FEB 02 - Inoperable headlight.

(Discharged from Offutt AFB)

TMS:
TAMS :

NDSM.

(2) Yrs (4) Mos (12) Das
(1) Yrs

(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

(2) Mos (24) Das

Appln (DD Fm 293) dtd 17 May 03.

230UN03/ia
FD20d5- OO RSP

DEPARTMENT OF THE AIR FORCE
Headquarters, 55th Wing (ACC)
Offutt Air Force Base, Nebraska

 

(22.AuUb 00.
MEMORANDUM FOR AMNQqgGSRgRRMIDI, 55 VIXS (ACC)

FROM: 55 MXS/CC
SUBJECT: Letter of Notification

1, [am recommending your discharge from the United States Air Force for Misconduct--Pattern
of Misconduct. The authority for my recommendation 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 general.

2. My reasons for this action are:

a. On 7 February 2002, you received a traffic ticket for having an inoperable headlight. On
10 February 2002, you received a traffic ticket for failure to use your turn signal and failure to
dim headlights. On 21 February 2002, you were sleeping while on duty as Bay Orderly and
failed to perform your assigned tasks. For these incidents you received a Letter of Reprimand,
dated 21 February 2002. (Atch 1-1)

b, On 4 March 2002, you failed to go to Security Forces Augmentee training. For this
incident you received a Letter of Reprimand, dated 11 March 2002. In addition, this action
established an Unfavorable Information File (UIF). (Atch 1-2)

c. On 17 May 2002, you were late for duty. For this incident you received a Letter of
Reprimand, dated 17 May 2002. (Atch 1-3)

d. On 18 July 2002, you were found to have an unauthorized pet lizard in your dormitory
room. For this incident you received a Letter of Reprimand, dated 19 July 2002. In addition, this
action was placed in your existing UIF and you were placed on Control Roster. (Atch 1-4)

e. Between 12 July 2002 and 22 July 2002 on divers occasions, you failed to wear a bicycle
helmet while operating a bicycle. On 25 July 2002, you failed to report to duty at the proper
time. For these incidents you received Nonjudicial Punishment, dated 30 July 2002, consisting
of reduction to the grade of Airman, with a new date of rank of 30 July 2002; fourteen days extra

duty; and a forfeiture of $200 pay, suspended through 29 January 2003. In addition, this action
was placed in your existing UIF. (Atch 1-5)

f. On 9 August 2002, you failed to follow a direct order from MS iN, You
were to report to work with your uniform pressed with starch which you failed to do. For this

incident you received a Letter of Reprimuid, dated 9 August 2002. (Atch 1-6)

Global Power For America
Fp2003-0025

g. On 4 August 2002, you were late for duty. On 7 August 2002, you failed to maintain your
dormitory room in accordance with Air Force standards. For these incidents you received
Vacation of Nonjudicial Punishment, dated 9 August 2002, consisting of forfeiture of $200 pay.
(Atch 1-7)

h. On 10 August 2002, you were apprehended at Kenney Gate for driving with a suspended
license and no proof of insurance. This apprehension resulted in you reporting late for duty, You
also told MS ot ime at you were not driving your vehicle, which was not true. For these
incidents you received a Letter of Reprimand, dated 12 August 2002. In addition, this action was
placed in your existing UIF. (Atch 1-8)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force. If you
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other
branch of the military.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
Ihave made an appointment for you to consult Captain jE ldg 323C, Room

302, Phone 4-3939, at HOO ___ on 23 Rag 09, __. You may consult civilian counsel at

your Own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me by 2 2—unless you request and

receive an extension for good cause shown. I will send them to the separation authority.

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

7. You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Re Teufd Check, at (34571315 on 23% Nua 92. for the examination. Please pick up
your medical records prior to your appointment.

8. You have been scheduled for an initial separation appointment. You must report to the
55th Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at

N30 on doth 19, ores with your escort.

9. You have been scheduled for a pre-separation briefing. You must report to the Family
Support Center at ONO on 277 Au 402, for the briefing.

10. Any personal irf¢mation you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of “.°I 36-3208 is available for your use in the unit orderly room.
Attachments:

Atch 1-1; LOR, dated 21 Feb 02

Atch 1-2; LOR, dated 11 Mar 02
Atch 1-3; LOR, dated 17 May 02
Atch 1-4; LOR, dated 19 Jul 02

Atch 1-5; NIP, dated 30 Jul 02

Atch 1-6; LOR, dated 9 Aug 02

Atch 1-7; Vac of NJP, dated 9 Aug 02
Atch 1-8; LOR, dated 12 Aug 02

a

 

Bfaintenance Squadron

PD 2CAS-ORSFS

imgnediately.