2-
.................................
MEMBER SITTING
Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to
submit an application to the AFBCMR
AFHQ FORM &2W7, JAN 00
@F-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD200340292
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.
Issues. Applicant was discharged for minor disciplinary infractions and a mental health disorder. He had
two Articles 15, a vacation of suspended punishment, four Letters of Reprimand, and two Records of
individual counseling. His misconduct included twice failure to go, failure to follow instructions, a dress
and appearance violation, financial irresponsibility, and three instances of disobeying a lawfUl order not to
drive his privately owned vehicle on base. Member's one Enlisted Performance Report was rated an overall
"3" and noted he needed to be more receptive to his supervisor's comments and advice to be more
productive. Member was also permanently decertified from the Personnel Reliability Program for failure to
pay debts to six different loan institutions. Additionally, member was diagnosed with an anti-social
personality disorder at that time. The copy of member's discharge file available to the Board for review
was incomplete, therefore the Board was unable to ascertain M e r details about member's misconduct or
mental health diagnosis. The Board also could not determine if member consulted counsel, although they
noted he waived his right to submit statements on his own behalf at the time of the discharge. Lacking
evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the
discharge proper and without basis for an upgrade. No inequity or impropriety could be found in this
discharge in the course of the records review.
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
DEPARTMENT OF THE A I R FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH A1C)
MISSING DOCUMENTS
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 9 Aug 00 UP AFI 36-3208,
para 5.49 & 5.11.1 (Misconduct - Minor Disciplinary Infractions and Mental
Disorder). Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 16 Oct 80. Enlmt Age: 17 10/12. Disch Age: 19 9/12. Educ: HS DIPL.
AFQT: N/A. A-86, E-72, G-82, M-40. PAFSC: 2W051 - Munitions Systems
Journeyman. DAS: 3 Apr 99.
b. Prior Sv: (1) AFRes 31 Aug 98 - 17 Nov 98 (2 months 18 days) (Inactive).
3 .
SERVICE UNDER REVIEW:
a. Enlisted as A1C 18 Nov 98 for 4 yrs. Svd: 1 Yrs 8 Mo 23 Das, all AMS.
b. Grade Status: AB - 26 Jul 00 (Article 15, 26 Jul 00)
Amn - 7 Jun 00 (Vacation of Article 15, 19 Jul 00)
c. Time Lost: None.
d. Art 15's: (1) 26 Jul 00, Barksdale AFB, LA - Article 90. You, having
received an order from col ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : I Your
superior commissioiled officer, then known by you to be
superior commissioned officer,
you from
operating any type of motor vehicle on Barksdale AFB,
LA, and all other installations for an additional 2
years, or words to that effect, did, at Barksdale AFB,
LA, on or about 11 Jul 00, willfully disobey the same.
Reduction to AB, and forfeiture of $100.00 pay.
(No appeal) (NO mitigation)
(2) 19 Jul 00, Vacation, Barksdale AFB, L A , - T - ~ ~ t A c l e 92.
You, having received an )order from Col : -------------
....................
:-------------------:I your superior commissioned officer, then
known by you to be your superior commissioned officer,
prohibiting you from operating any type of motor vehicle
on Barksdale AFB, LA, and all other installations for a
period of 6 months, or words to that effect, did, at
Barksdale AFB, LA, on or about 3 Jul 00, willfully
disobey the same. Reduction to Airman. (No appeal) (No
mitigation)
( 3 ) 7 Jun 00, Barksdale AFB, LA - Article 92. You, having
Richards, not to drive your vehicle on base until you
obtained a valid driver's license, or words to that
effect, an order which it was your duty to obey, on
Barksdale AFB, LA, on or about 17 May 00, fail to obey
the same by wrongfully driving your vehicle on base.
Suspended reduction to Airman, forfeiture of $100.00 pay
per month for 2 months, and 30 days extra duty.
(No appeal) (No mitigation)
e. Additional: (Examiner's Note: Actual documents are missing from the
file)
LOR, 27 APR 00 - Missed appointment.
LOR, 27 APR 00 - Failure to attend a mandatory commanders
LOR, 27 APR 00 - Financial irresponsibility.
RIC, 25 FEB 00 - Failure to maintain military dress and
call.
LOR, 15 OCT 99 - Willfully failed to follow instructions
appearance standards.
RIC, 10 JUN 99 - Traffic ticket for speeding.
regarding the proper wear of Chemical
Warfare Mask.
f. CM: None.
g. Record of SV: 18 Nov 98 - 15 Apr 00 Barksdale AFB 3 (HAF Dir)
(Discharged from Barksdale AFB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (1) Yrs (11) Mos (10) Das
TAMS: (1) Yrs (8) Mos (23) Das
4 . BASIS ADVANCED FOR REVIBW: Appln (DD F'm 293) dtd 20 Jun 03.
(Change Discharge to Honorable)
NO ISSUES SUBMITTED
.-
-
ATCH
None.
-
. .
:-@-@
Gib-C, fJ7-3
-M2?Z
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 2D BOMB WING (ACC)
BAIWDALB AIR FORCE BASE, LOUISIANA
MEMORANDUM FOR AMN: L-.-........-.-.-..--------------------------rn
, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
FROM: 2 MUNSICC
SUBJECT: Notification Letter - Administrative Discharge
1. I am recommending that you be discharged h r n the United States Air Force for Minor
Disciplinary Infractions and a Mental Disorder. The authority for this action is AFPD 36-32 and
AFI 36-3208, para 5.49 and 5.11 .l. If my recommendation is approved, your service may be
characterized as UNDER HONORABLE CONDITIONS (GENERAL). I am recommending that
your service be characterized as UNDER HONORABLE CONDITIONS (GENERAL) and that
Minor Disciplinary Infiactions be the primary basis for discharge.
2. My reason(s) for this action islare as follows:
a. On or about 1 1 Jul00, you drove onto Barksdale Air Force knowing that your on-base /
driving privileges had been suspended, as evidenced by a Vacation Action dated 2 1 July 00.
(atch a);
I i
b. On or about 7 Jul00, you were diagnosed with an Antisocial Personality Disorder, as /
evidenced by a PRP Recommendation Letter dated 7 Jul00. (atch b);
..
I
c. On or about 17 M a y 00, you willfblly failed to refkin from driving on base without a
valid drivers license, as evidenced by an Article 15 dated 8 Jun 00. (atch c);
d. On or about 18 Apr 00, you failed to go to a mandatory appointment, as evidenced by
a Letter of Reprimand (LOR) dated 27 Apr 00 (atch d);
e. On or about 20 ~~r 6, you failed to attend ii mandatory comniandt?~ call, as evid-enced /
by an LOR dated 27 Apr 00 (at& d);
f. On or about 2 1 Apr 00, you failed to pay your debt to American Cash Advance, as
evidenced by an LOR dated 27 Apr 00 (atch d);
g. On or about 2 1 Apr 00, you were counseled regarding your failure to maintain military
dress and appearance standards, as evidenced by a Record of Individual Counseling (RIC) dated
25 Feb 00 (atch e);
h. On or about 4 Oct 99, you willfully failed to follow instructions regarding the proper
wear of your Chemical Warfare Mask, as evidenced by an LOR dated 15 Oct 99 (atch f);
/
f
/
i. On or about 5 Jun 99, you were given a WIC ticket h m 2d security Forces for /
exceeding the posted speed limit, as evidenced by a RIC dated 10 Jun 99. (atch g);
3. Copies of the document(s) referenced above have been attached and will be forwarded to the
separation authority in support of this recommendation. 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 re-enlistment in the Air Force.
-----------
4. Military legal counsel, cap( - - - - - - - - -mi Area Defense Counsel for Barksdale AFB, Extension
6-8355, Building 4714 (gym annex building), third floor, has been obtained to assist you. An
appointment has been scheduled for you to consult with him on&&at @'&
consult civilian counsel at your own expense.
hrs. You may
5. You have been scheduled for a medical examination. You must report to Flight Medicine
with your medical records for the appointment. Your appointment is on %\%\? at Lw
hours.
6. You have the right to submit statements in your behalf. Any statements you want the
separation authority to consider must reach me within three (3) duty days unless you request and
receive an extension for good cause. I will send any statements that you provide to the
separation authority.
7. You have been scheduled for a Pre-separation
Family Support Center, Bldg 47 13, at
briefing. You must report to the
8. If you fail to consult counsel or fail to submit statements in your behalf, you will waive the
right to do so.
9. Any personal information you h i s h in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208, the AFI governing this action, is available for your use in your unit
Orderly mom.
-
.
AF | DRB | CY2005 | FD2005-00097
The records indicated the applicant received three Article 15s, five Letters of Reprimand, and five Records of Individual Counseling for misconduct. That was when, due to my actions, the paperwork was started to discharge me Under Honorable Conditions h m the Air Force. For this incident, you received a Record of Individual Counseling, dated 2 Apr 02. g. On or about 27 Sep 0 1, you failed to pay your debt when you uttered a check for $1700.00 and did not have sufficient funds to honor that check.
AF | DRB | CY2004 | FD2004-00350
ISSUE: Applicant does not contest his discharge. 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. Suspended reduction to Airman, and 14 days extra duty.
AF | DRB | CY2007 | FD2006-00209
His misconduct included failure to go to his appointed place of duty on several occasions, failed dorm inspections, being late for duty on numerous occasions, and wearing earrings while in uniform. Attachment; Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. (Change Discharge to Honorable, and Change the RE Code, Reason for Discharge) ISSUES ATTACHED TO BRIEF.
AF | DRB | CY2003 | FD2003-00091
Attachment: Examiner's Brief 7 DISCHARGE REVIEW BOARD VOTING CARD COUNSEL NAME AND ADDRESS TYPE AND AUTH FOR DISCHARGE (Reason) AFI 36-3208, Para 5.50.1 (Discreditable Involvement with Military or Civil Authority) DD FORM 149 TOTAL ACTIVE SERVICE (Yrs - Months - Day) l ~ r l o m o s l 8 d a s Refer to SAFlMRBR DATE APPLICANT SUBMIITED 27 Feb 2003 DATE OF SEPARATION 2 4 ~ ~ 2 0 0 1 DATE RETURNED ,- 10: - INDEX: HEARING DATE 14 Nov 2003 REMARKS DATE APPLICATION RECEIVED 03 Mar 2003 DATE...
AF | DRB | CY2003 | FD2003-00197
The misconduct included absent without leave, late for mobility processing, late for duty, failure to go, dereliction of duty, failure to follow instructions, failed dress and appearance standards and failure to report. (No appeal) (No mitigation) e. Additional: LOR, 30 NOV 00 - Late for mobility processing, dereliction of duty, and failure to obey a lawful order. For this offense you received individual counseling, documented on AF 174, dated 29 Sep 00. d. On or about 3 Jul00, yo did not...
AF | DRB | CY2003 | FD2001-0533
SAF/MIBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2001-0853 GENERAL: The applicant appeals for upgrade of his general discharge to honorable. This misconduct is evidenced by an Article 15 action, dated 29 Jul 99 and an Unfavorable Information File, dated 9 Aug 99, (Atch fe). j- On or about 11 Sep 98, you were derelict in the performance of your duties as bay orderly, by leaving your...
AF | DRB | CY2007 | FD2006-00222
...............2 RECORD REVIEW ADDRESS AND OR ORCANIZATIOY OF COUNSEL VOTE OF THE BOARD HON GEN UOTHC OTHER I DENY I I EXHIBITS SUBMITTED TO THE BOARD I I 1 2 3 4 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 APPEARANCE HE HEARING DATE 1 13 Mar 2007 CASE NUMBER ( FD-2006-00222 I I I I I APPLICANT'S ISSUE AND THE...
AF | DRB | CY2003 | FD2002-0405
Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) 1. Separate ~ B a ( l l ( l l l l ( l 0 N l t h m under honorable conditions (general) discharge, with or without Probation & ~ehabaitation; c. Recommend to the Commander of the 8th Air Force that AB- be separated with an honorable discharge, with or without Probation & Rehabilitation; or d. Direct that A e given the opportunity to present his case before an...
AF | DRB | CY2002 | FD2002-0186
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | xp 002-0186 GENERAL; The applicant appeals for upgrade of discharge to honorable. An honorable discharge would be appropriate when the member's service generally has met Air Force standards of acceptable conduct and performance of duty or when a member’s service has been so meritorious that any other characterization would be clearly inappropriate. RECOMMENDATION: For the reasons sct forth above, I recommend the respondent...
AF | DRB | CY2003 | FD2003-00056
ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN ma | TYPE PERSONAL APPEARANCE X RECORD REVIEW COUNSEL uj.) CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0056 GENERAL: The applicant appeals for upgrade of discharge to Honorable. And, ten Records of Individual Counseling for driving an uninsured vehicle, violation of AFR 35-10 (four times), failure to meet physical fitness standards, failure to...