AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

      
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE: GEN | PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN votHc | OTHER | DENY
ly x
+
hy x
PF x
ly x
na x
ISSUES AOl1 J 3 INDEX NUMBER A67.1 0
A92.35 1 | ORDER APPOINTING THE BOARD
AO01.07 2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
: COUNSEL’S RELEASE TO THE BOARD
HEARING DATE oe CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
19 Nov 2003 FD-2003-00351 EERSONSL AEPEARSNCE
TAPE RECORDING OF PERSONAL APPERANCE

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SIGNATURE 0!
TO: FROM:
SAF/MRB SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550C ST 0 AIR FORCE DISCHARGE REVIEW BOARD
E 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLP. A742 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 | ¢p9993-00351

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for his discharge.

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 and change of reason and authority for the discharge are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for both minor disciplinary infractions and unsatisfactory performance.
He had eight Records of Individual Counseling, one Letter of Reprimand, a traffic ticket, and three Memos
for Record documenting misconduct. In addition to twice failing his Career Development Course End-of-
Course examination, his misconduct included multiple instances of failure to go, financial irresponsibility,
and dereliction of duty over a 12-month period. There were also indications from his tech school training
assessment that he had difficulties there. At the time of the discharge, applicant waived his right to consult
counsel and submit statements in his own behalf. Applicant feels his discharge was based on one isolated
incident, but the record clearly shows this issue to be without merit. Additionally, applicant feels the basis
for his discharge should be solely his unsatisfactory performance. Again, the record clearly documents a
pattern of continuing misconduct, thus rendering this issue also without merit. The Discharge Review
Board noted that member was responsible for his actions of misconduct and was properly held accountable
for those. He was age 20 to 22 while in the military, essentially the same age as other first term airmen who
adhere to the expected standards of conduct. There was no evidence he was immature or did not know right
from wrong. He was counseled repeatedly and given numerous opportunities to conform his behavior but
failed to respond to those rehabilitative efforts. With regard to the unsatisfactory performance, he was
given numerous opportunities to improve and make satisfactory progress, but failed to do so. No inequity
or impropriety was 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
FD2003-00351

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 18 Jun 99 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions) and para 5.26.3
(Unsatisfactory Performance - Failure to Progress in On-the-Job Training.

Appeals for Honorable Discharge and to Change the Reason and Authority for
Discharge.

2. BACKGROUND:

a. DOB: 8 May 77. Enlmt Age: 20 3/12. Disch Age: 22 1/12. Educ: HS DIPL.
APQT: N/A. A-68, E-73, G-70, M-70. PAFSC: 4Y¥031 - Dental Assistant
Apprentice. DAS: 24 Feb 98.

b. Prior Sv: (1) AFRes 5 Sep 97 - 8 Oct 97 (1 month 4 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 9 Oct 97 for 4 yrs. Svd: 1 Yrs 8 Mo 10 Das, all AMS.

b. Grade Status: Amn - 9 Apr 98
c. Time Lost: None.
d. Art 15’‘s: None.

e. Additional: MFR, 10 MAY 99 - Two-time CDC Exam failure.

RIC, 28 APR 99 - Failed dorm room inspection and Dental
Treatmend Room in poor condition.

LOR, 14 DEC 98 - Leaving Dental Treatment Room in poor
condition.

RIC, 08 DEC 98 - Failure to maintain appointment book and
patient compromise.

RIC, 13 OCT 98 - Late for work.

RIC, 31 JUL 98 - Poor duty performance.

RIC, 20 JUL 98 - Financial irresponsibility.

Traffic Ticket, 8 JUL 98 - Speeding.

RIC, 21 MAY 98 - Failure to go.

RIC, 29 APR 98 - Two missed appointments.

RIC, 13 APR 98 - Financial irresponsibility.

£. CM: None.
g. Record of SV: None.

(Discharged from Wright-Patterson AFB)
FD2003-00351

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (9) Mos (14) Das
TAMS: (1) Yrs (8) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Jul 03.
(Change Discharge to Honorable and Change the Reason and Authority for
Discharge)

Issue 1: I request discharge up grade from General/Under Honorable to:
"Honorable." My discharge was inequitable because it was based on one incident
in 21 months of service with no other adverse action.

Issue 2: I request a change of my reason for dicharge (sic) to CIWD (sic)
as failure to pass my Dental Journeyman Test led to the condition which
interfered with my continuing duty in the Air Force. I sincerly (sic) regret my
immaturity and lack of focus on my studies for this test. I now work in this
field and want to use my GI Bill(Ch 30) to further my education in this field.
This code change will allow 21 months CH30.

ATCH
None.

29AUGO3/ia
DEPARTMENT OF THE AIR FORCE FD2203-cO3S5 |

HEADQUARTERS, 86TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

GY suse 1999

MEMORANDUM FOR ve en

 

FROM: 74 DS/CC

SUBJECT: Notification Memarandum

1. Iam recommending your discharge from the United States Air Force for Misconduct - Minor
Disciplinary Infractions (para 5.49) as primary reason and Unsatisfactory Performance - Failure
to Progress in On-The-Job Training (para 5.26.3). The authority for this action is AFPD 36-32
and AFI 36-3208. If my recommendation is approved, your service will be characterized as
honorable or under honorable conditions (general). I am recommending that your service be
characterized as under honorable conditions (general). .

2. My reasons for this action are:
I. Paragraph 5.49, Misconduct ~ Minor Disciplinary Infractions:

a. On 11 April 1998 you owed over $422.00 in past charges to billeting and over $70.00
in telephone charges. You were given a Letter of Counseling regarding this financial
irresponsibility on 13 April 1998.

b. On or about 22 April 1998 you failed to go to a scheduled appointment with your,
financial counselor at the Family Support Center. This failure resulted in a Letter of Counseling
dated 29 April 1998.

c. On or about 21 May 1998 you failed to go to a scheduled endodontist appointment at
the dental clinic. This resulted in a Letter of Counseling dated 21 May 1998.

d. On 8 July 1998 you were caught traveling 42 mph in a 17 mph zone on Wright-
Patterson AFB as evidenced by a copy of the Armed Forces Traffic Ticket bearing the same date.

e. On or about 26 June 1998 you owed over $600.00 in past charges to billeting. This
resulted in a Letter of Counseling dated 20 July 1998.

f. On or about 30 July 1998 the NCOIC of the Clinical Dentistry Flight received a patient
complaint about your duty performance... Follow-up revealed that this incident represented a

pattern of poor performance on your part. For this you received a Letter of Counseling dated 31
July 1998.
Fpwecs- POSS |

g. On or about 13 October 1998 you failed to report at the prescribed time to your official
place of duty. For this you received a Letter of Counseling dated 13 October 1998.

h. On or about 7 November 1998 it was discovered that you had failed to utilize the
resource list to fill vacancies in the appointment schedule. This resulted in a Letter of
Counseling dated 8 December 1998.

i. On or about 8 December 1998 you left for the day without cleaning the examination
room as it was you duty to do. The next day dental instruments were found lying in the sink, and
an instrument cassette, gloves, and records stamps were found lying on the counter. For this you
received a Letter of Reprimand dated 14 December 1998.

j. On or about 27 April 1999 you failed a random dormitory room inspection. This
resulted in a Letter of Counseling dated 28 April 1999.

I]. Paragraph 5.26.3, Unsatisfactory Performance — Failure to Progress in On-the-Job
Training

a. According to your CDC report dated 1] March 1999, you failed to maintain a
minimum passing score of 65. Your score was a 62.

b. According to your CDC report dated 4 May 1999, you failed to maintain a minimum
passing score of 65. Your score was a 64.

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 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 and any special pay, bonus, or education assistance funds may
be subject to recoupment. ;

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 tal at the Area Defense Counsel's
office, Building ame ne Pee er Rae yon 8 Jun 99
at 1400 hours. You may al t civilian TeoUnee! at your ‘own ‘expense.

  
 

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within 3 working days of your receipt of this
letter, unless you request and receive an extension for good cause shown. I will send your
statements to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.
Fp 2090 BOSS /

7. You have been scheduled for a medical examination. You must report to the 74th Medical
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, at 0815 on 17 Jun 99 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 in the orderly room.

 

Attachments:

Letter of Counseling, 13 Apr 98
Letter of Counseling 29 Apr 98
Letter of Counseling, 21 May 98
Traffic Ticket, 8 Jul 98

Letter of Counseling, 20 Jul 98
Letter of Counseling, 31 Jul 98
Letter of Counseling, 13 Oct 98
Letter of Counseling, 8 Dec 98
Letter of Reprimand, 14 Dec 98
10. Letter of Counseling, 28 Apr 99
11. Two-Time CDC Exam Failure Letter w/atch, 10 May 99

oe PAA ey PS