AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

omen Amn —-
aa PERSONAL APPEARANCE RECORD REVIEW

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

    
 

  

  
  
  
  
   
  
 

Upgrade Discharge

 

Deny

 

Deny

 

1
Deny

 

Deny

 

Deny

 

 

   
   
    

INDEX NUMBER

A67.90

    
  
  
  
 
 
  

ORDER APPOINTING THE BOARD

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

TAPE RECORDING OF PERSONAL APPERANCE
i

A95.00

 

 

  
     

HEARING DATE

12 Aug 2003

CASE NUMBER
FD-2003-00291

       
    
      

 

Pt ees |

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

  
 
  
 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

 
   
 

SAF/MRBR
$50 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-2003-00291

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: Upgrade 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
two Article 15s for DWI and for having a minor in his dormitory room. He also received a Vacation
action under the UCM for failure to go. Additionally, he received one Letter of Reprimand and three
Letters of Counseling for an unauthorized absence, unsatisfactory CDC performance, dereliction of
duty, unprofessional conduct and using profane language, and for wearing an earring on a military
installation. 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.

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 :
FD2003-00291
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ne (Former AMN) (HGH SRA)
oni:

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Aug 00 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct ~ Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Digsch.

2. BACKGROUND: ~

a. DOB: 10 Jul 76. Enlmt Age: 19 6/12. Disch Age: 24 1/12. Educ: HS DIPL.
AFOT: N/A. A-55, E-57, G-57, M-58. PAFSC: 3E351 - Structual Journeyman.

DAS: 22 Aug 98.

b. Prior Sv: (1) AFRes 9 Feb 96 - 13 Feb 96 (5 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 14 Feb 96 for 4 yrs. Extended 6 Apr 98 for 6 months.
Extended 12 Jul 99 for 12 months. Svd: 4 Yrs 6 Mo 9 Das, all AMS.

b. Grade Status: AMN - 01 May 00 (Vacation of Article 15, 29 Jun 00)
Alc - 17 Feb 00 (Article 15, 17 Feb 00)
SRA - (EPR Indicates): 17 Jun 98 - 16 Jun 99
AlC - 14 Jun 97
AMN - 14 Aug 96

c. Time Lost: None.

d. Art 15’s: (1) 29 Jun 00, Vacation, Kadena AB, Japan - Article 86.
You did, on or about 10 Jun 00, without authority, fail
to go at the time prescribed to your appointed place of
duty. Reduction to Amn. (No appeal) (No mitigation)

(2) 01 May 00, Kadena AB, Japan - Article 92. You did, on
divers occasions between on or about 1 May 99, and on or
about 7 Sep 99, fail to obey a lawful general
regulation, to wit: 18" Wing Instruction 32-6002, dated
23 Oct 96, by having @ ap a visitor
under 18 years of age and not an active duty member, of
the United States Armed Forces, in your dormitory room.
Suspended reduction to Amn, suspended forfeiture of
$200.00 pay per month for 2 months, 45 days extra duty,
and a reprimand. (Appeal/Denied) (No mitigation)

(3) 17 Feb 00, Kadena AB, Japan ~ Article 111. You did, on
the island of Okinawa, Japan, on or about 30 Jan 00, at
or near Kuter Boulevard in Kadena Air Base, physically
control a vehicle, to wit: a passenger car, while drunk.
FD2003-00291

Reduction to A1C, forfeiture of $200.00 pay per month
for 2 months. Restriction to the confines of Kadena AB,
Okinawa, Japan and from any and all facilites that serve
alcoholic beverages for 45 days, and 45 days extra
duty. (Appeal/Denied) (No mitigation)

e. Additional: RIC, 22 NOV 99 - Wearing an earring on a military
installation.

LOR, 21 OCT 99 - Dereliction of duty, unprofessional
conduct, and using profane language with
the Service Call Controller.

RIC, 04 OCT 99 - Unsatisfactory CDC performance.

RIC, 04 OCT 99 - Unauthorized absence.

£. CM: None.

gq. Record of SV: 14 Feb 96 ~ 13 Oct 97 Hill AFB 5 (Initial)
14 Oct 97 - 16 Jun 98 Hill AFB 5 (CRO)
17 Jun 98 - 16 Jun 99 Kadena AB 5 (Annual)
17 Jun 99 - 16 Jun 00 Kadena AB 2 (Annual) REF

(Discharged from Columbus AFB)

h. Awards & Decs: AFAM, AFOSLTR, AFGCM, AFLSAR, AFTR.

i. Stmt of Sv: TMS: (4) Yrs (6) Mos (14) Das
TAMS: (4) Yrs (6) Mos (9) Das

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

NO ISSUES SUBMITTED.

ATCH
None.

18JUL03/ia
- , Fe LOOZ- COZBF]
t )

DEPARTMENT OF THE AIR FORCE.

PACIFIC AIR FORCES

 

MEMORANDUM FOR Amn QCM, 5 July 2000

FROM: 18 CES/CC

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Pattern of Misconduct -
Conduct Prejudicial to Good Order and Discipline. The authority for my recommendation is AFPD 36-32
and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, then your service may be
characterized as either honorable or under honorable conditions (general). I am recommending that your |
service be characterized as under honorable conditions (general). If your discharge is approved, then I am
further recommending that you not receive probation and rehabilitation.

2. My specific reasons for this action are:

a. On or about 1 Oct 99, you took a day off work after your NCOIC had told you that there were to be
no comp days during the week of 27 Sept 99 - 1 Oct 99. As a result, you were formally counseled
concerning your actions, and you received a Letter of Counseling on 4 Oct 99 (Tab 1-1).

b. On or about 4 Oct 99, you were formally counseled to take your formal training more seriously. As
a result, you received a Letter of Counseling on 4 Oct 99 (Tab 1-2),

c. On or about 17 Oct 99, you failed to respond to an emergency work order in a timely manner, you
acted unprofessionally in the performance of your assigned duties, and you used profane language with a
Service Call Controller. As a result, you received a Letter of Reprimand on 21 Oct 99 (Tab 1-3).

' d. On or about 20 Nov 99, you were observed wearing an earring at the Base Exchange. As a result,
you were formally counseled and received a Letter of Counseling on 22 Nov 99 (Tab 1-4).

-e. Onor about 30 Jan 00, you did, on Kadena Air Base, drive a passenger car while drunk. As a result,
you received non} judicial punishment pursuant to Article 15, UCMJ. Punishment consisted of a reduction
to the grade of airman first class, with a new date of rank of 17 Feb 00, forfeiture of $200.00 pay per
month for two months, restriction to the confines of Kadena Air Base and from any and all facilities that
serve alcoholic beverages for 45 days, and 45 days extra duty. An Unfavorable Information File (UIF)
was established, and a copy of this Article 15 action was placed inthe ULF (Tab 1-5). :

-_ f. On divers occasions between on or about 1 May 99 and on or about 7 Sept 99, you failed to obey
18th Wing Instruction 32-6002, by having a visitor under 18 years of age and not a member of the U.S.
Armed Forces in your dormitory room. As a result, you received nonjudicial punishment pursuant to
Article 15, UCMJ. Punishment consisted of a suspended reduction to the grade of airman, a suspended.
forfeiture of $200.00 pay per month for two months, 45 days extra duty, and a reprimand. A copy of the

Article 15 action was placed in your existing UIF (Tab 1-6).

g. Onor about 10 Jun 00, you failed to go at the time prescribed to your appointed place of duty. Asa
result, your suspended nonjudicial punishment was vacated pursuant to Article 15, UCMJ. You were
reduced to the grade of airman, with a new date of rank of 1 May 00, effective 29 Jun 00 (Tab 1-7).
a

PD2 403 ~ 2029/

3. 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 United States Air Force and, if you are discharged, how your service
will be characterized. If you are discharged, then 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 cpnsult Copt iio. at the Area Defense Counsel at
Building 1460 on 6 JvlOO at U2 > hours. You may consult civilian counsel at your own

expense.

5. You have the right to submit statements in response to this action. Any statements that you want the

separation authority to consider must reach me by {(Q Ov | G2 __ 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 in your own behalf, then 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 Physical Examination
Section, 18th Medical Group, Kadena AB, Japan at OS (S on JO Slo for the examination.

8. The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal. A copy of
AFI 36-3208 is available for your use at the Area Defense Counsel’s office.

9, Execute the attached acknowledgment and return it to me immediately.

  

_ ht Col, USAF
Commander, 18th “ivil Engineering Squadron -

Attachments:

LOC, 4 Oct 99
LOC, 4 Oct 99
LOR, 21 Oct 99

LOC 22 Nov99
AF Form 3070; Supporting Documents; Member’s Response; AF Form 1137

AF Form 3070; Supporting Documents; Member’s Response; AF Form 1137

. AF Form 366; Supporting Documents
Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or

Bonuses
Airman's Receipt of Notification Memorandum

PN DAR WN

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