. . AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB aa.

AFSN/SSAN

 

    

PERSONAL APPEARANCE

  

X RECORD REVIEW

 

 

 

COUNSEL
YES

| NAME OF COUNSEL AND OR ORGANIZATION

 

  

 

  

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
MEMBERS SITTING HON GEN WOTHC | OTHER DENY
ay x
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[ __————L L__ 2
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A95.00 A67,10 1 | ORDER APPOINTING THE BOARD
2, | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
4 NOV 03 FD2003-0375

 

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITJONAL 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.

 

 

INDORSEMENT

 

 

 

DATE: .4.NOV 03

 

 

TO: FROM:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCTI.
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2003-00375

GENERAL:. The applicant appeals for upgrade of discharge to honorable and to change the reenlistment
code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 reenlistment code are 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.

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.

ISSUE: The applicant submitted no issues and requested that the review be 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; by wrongfully wearing an unauthorized pager
on his uniform, and for playing loud explicit and offensive music in the workplace. Additionally, he
received three Letters of Reprimand, two Records of Individual Counseling, and six Memorandum’s for
Record for not wearing a seat belt, being disrespectful to a senior NCO, needing a shave, improper wear of
the uniform, failure to obey a lawful order, having a negative attitude towards customers, unauthorized
absence, financial irresponsibility, being late for work, and unauthorized use and abuse of the internet system
on government computers. 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
FD2003-00375
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 26 Feb 99 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 18 Aug 78. Enlmt Age: 18 11/12. Disch Age: 20 6/12. Educ: HS DIPL.
AFOT: N/A. A-50, E-79, G-86, M-62. PAFSC: 6F031 - Financial Management
Apprentice. DAS: 28 Jun 98.

b. Prior Sv: (1) AFRes 7 Aug 97 - 6 Jan 98 (S months) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 7 Jan 98 for 4 yrs. Svd: 1 Yrs 1 Mo 20 Das, all AMS,

b. Grade Status: AB - 20 Jan 99 (Article 15, 20 Jan 99)
AMN - 7 Jul 98

c. Time Lost: None.

d. Art 15’s: (1) 20 Jan 99, Andersen AFB, Guam - Article 92. You, who
knew or should have known of your duties, on or about 28
Dec 98, were derelict in the performance of those duties
in that you negligently failed to complete the
processing of pay-affecting documents, as it was your
duty to do. You, did, on or about 5 Jan 99, violate a
lawful general instruction, to wit: Table 2.5, Item 11,
AFI 36-2903, dated 8 Jun 98, by wrongfully wearing an
unauthorized pager on your uniform. You, having
knowledge of a lawful order issued by SSgt is
me, your supervisor, to not play out loud explicit
or offensive music in your workplace, an order which it
was your duty to obey, did, on or about 7 Jan 99, fail
to obey the same by wrongfully playing out loud music
with obscene lyrics, including such lyrics as, "fucking
up the neighbor," in your workplace. Reduction to AB,
and 45 days extra duty. (Appeal/Denied) (No mitigation)

e. Additional: LOR, 11 FEB 99 - Not wearing a seat belt, disrespect to an

NCO, needing a shave, and improper wear of
the uniform.
10 FEB 99 ~ Failure to obey a lawful general order.

~

LOR

~

LOR, 09 DEC 98 - Failure to obey a lawful order.
MFR, O01 DEC 98 - Negative attitude towards customer.
FD2003-00375

MFR, 05 NOV 98 - Unauthorized absence.

MPR, 04 NOV 98 - Pinancial irresponsibility.

MFR, 04 NOV 98 - Poor customer service attitude.

MFR, 23 OCT 98 - Poor customer service attitude.

RIC, 20 OCT 98 - Disobeying a direct order.

MFR, 23 SEP 98 - Late for work. :

RIC, 28 AUG 98 - Unauthorized use and abuse of the Internet
system on government computers.

f. CM: None.
gq. Record of SV: None.

(Discharged from Andersen AFB)
h. Awards & Decs: AFOSSTR, AFTR.

i. Stmt of Sv: TMS: (1) Yrs (6) Mos (20) Das
TAMS: (1) Yrs (1) Mos (20) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 3 Aug 03.
(Change Discharge to Honorable and Change the RE Code.)

NO ISSUES SUBMITTED.

ATCH
1. Article 15.
2. DD Form 214.

5SEP03/ia
4 ‘4 FR2co03- CO3TS

~~ DEPARTMENT OF THE AIR FORCE.
PACIFIC AIR FORCES

 

17 February 1999

MEMORANDUM FOR AD qq

FROM: 36 CPTF/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208,
Chapter 5, section H, paragraph 5.49, Minor Disciplinary Infractions. If my
recommendation is approved, your service will be characterized as either Honorable or
General (Under Honorable Conditions). I am recommending your separation be
characterized as a General Discharge (Under Honorable Conditions).

2. My reasons for this action are:

a. On 26 August 1998, while on duty, you wrongfully used a government
computer to access unauthorized materials from the Internet. For your actions, you
received a Letter of Counseling (LOC) dated 28 August 1998 (Atch 1). The LOC was '
placed in an Unfavorable Information File (UIF) on 16 December 1998 (Atch 13).

b. On 20 October 1998, you were counseled for unauthorized use of the Internet
on a government computer during duty hours. Furthermore, you were counseled for

violating quarters restriction on two separate occasions. For your actions, you received a
LOC dated 20 October 1998 (Atch 2). The LOC was placed in an UIF on 16 December
1998 (Atch 13).

c. On or about 25 November 1998, you failed to obey a lawful order to not use

the Internet or commercial E-mail during duty hours. For your actions, you received a
Letter of Reprimand (LOR) on 9 December 1998 (Atch 3). The LOR was placed in an
UIF on 16 December 1998 (Atch 13).

d. On or about 28 December 1998, you were derelict in the performance of your
duties in that you failed to complete the processing of pay-affecting documents, as it was
your duty to do. In addition, on or about 5 January 1999, you violated AFI 36-2903 by
wrongfully wearing an unauthorized pager on your uniform. Furthermore, on or about

7 January 1999, you failed to obey an order given to you by SSot ee,

your supervisor, by wrongfully playing out loud explicit or offensive music in your
iY ; Fie .2oc03-35/ >

workplace, which included lyrics as “fucking up the neighbor,” after he had ordered you
not to do so. For your actions, you received Article 15 nonjudicial punishment on 20
January 1999 consisting of a reduction to the grade of Airman Basic and 45 days extra
duty (Atch 4), The Article 15 was placed in your existing UIF.

e. Between on or about 18 January 1999 and on or about 2 February 1999, you
had a guest sleeping in your dormitory room on a total of ten separate occasions in
violation of 36 ABW OI 32-6001, para 2.7.18.3. In addition, you failed to pay your full
share of a phone bill for a phone you shared with Airman gga for the
months of November and December 1998. For your actions, you received a LOR dated
10 February 1999 (Atch 5). The LOR was placed in your existing UIF. .

f. On 9 February 1999, CMSet QR observed you operating a
government-owned vehicle while not wearing a seat belt. For this infraction, you

received a traffic citation. In addition, when CMSgteiiipproached you regarding
your failure to wear a seat belt, you were disrespectful toward him, a senior
noncommissioned officer, and displayed a bad attitude. Furthermore, CMSgt ilies.
observed that you needed a shave and were not wearing the required patches on your
uniform in violation of AFI 36-2903, table 1.4 and figure 2.11, and the applicable
PACAF and 36 ABW supplements. For your actions, you received an LOR dated

11 February 1999 (Atch 6). The LOR was placed in your existing UIF.

3. Other derogeratory data:

a. On 23 September 1998, a memo for record was accomplished to record your
tardiness on two occasions within a five-workday period. For your actions, you were
verbally counseled (Atch 7). The memo for record was placed in an UIF on 16 December

1998 (Atch 13).

b. On 23 October 1998, a memo for record was accomplished to record a
complaint by a customer that you completely disregarded her presence at the customer
service counter while you were in a personal telephone call. The memo for record further
states that you lacked urgency while working at the customer service counter (Atch 8).
The memo for record was placed in an UIF on 16 December 1998 (Atch 13).

c. On 4 November 1998, a memo for record was accomplished to record a
customer service survey complaint. The survey stated that you were not helpful, were
slow and unmotivated. When approached about this, your response was that the member
had an attitude. For your actions you were verbally counseled (Atch 9). The memo for
record was placed in an UIF on 16 December 1998 (Atch 13).

d. On 4 November 1998, a memo for record was accomplished to record your
failure to pay for a returned check to NEX when you said you would take of it. For your

actions, you were verbally counseled (Atch 10). The memo for record was placed in an
UIF on 16 December 1998 (Atch 13).
e. On 5 November 1998, a memo for record was accomplished when you left
your duty section to pick up your car without telling your supervisor or the section
supervisor. Also, when picking up your car you had problems with your DPP card due to
two returned checks by the Base Exchange, which you stated you were not aware of.
Finally, you failed to move from one dormitory room to another when you had been
previously notified of such requirement (Atch 11). The memo for record was placed in
an UIF on 16 December 1998 (Atch 13).

f. On 1 December 1998, a memo for record was accomplished when you
displayed a negative attitude on the customer service counter in front of customers. For
your actions, you were verbally counseled (Atch 12). The memo for record was placed in

an UIF on 16 December 1998 (Atch 13).

4. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The Commander exercising Special Court-Martial
(SPCM) jurisdiction or 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.

5. You have the right to counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult Captain QM the Area
Defense Counsel, Bldg. 21000, 366-2281 at 1100 hours on 18 February 1999, You
may consult civilian counsel at your own expense.

6. You will go the 36th Medical Operations Squadron, Physical Exams Section, with
your medical records on hand, for a review of these records immediately. You do not
need an appointment. They will decide whether you need a complete physical exam or a
family practice appointment. Follow their instructions.

7. You have the right to submit statements on your own behalf. Any statements you
want the separation authority to consider must reach me by 22 February 1999, no
later than 1630 hours, unless you request and receive an extension. [| will send them
to the separation authority.

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

9. Any personal information you furnish in rebuttal is covered by the Privacy Act of
1974 as explained in AFI 36-3208 and is available for your use in the Unit Orderly
Room.
oN he ED 2003-COBIS

10. Execute the acknowledgment and return it to me immediately.

Commander, 36" Comptroller Flight

 

Attachments:

LOC, 28 August 1998

LOC, 20 October 1998

LOR, 9 December 1998

Article 15/UIF, 20 January 1999
LOR/UIF, 10 February 1999
LOR/UIF, 11 February 1999

Memo for record, 23 September 1998
Memo for record, 23 October 1998
Memo for record, 4 November 1998
10. Memo for record, 4 November 1998
11. Memo for record, 5 November 1998
12. Memo for record, 1 December 1998
13. Unfavorable Information File, 16 December 1998

CRN AAA WN