AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
 
 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
[ADDRESS AND OR ORGANIZATION OF COUNSEL SS
YES NO
x
MEMBERS SITTING
ISSUES INDEX NUMBER a hee
A01.39, A92.15, 92.19 A67.90 1
A94.05 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

4 JUN 03 FD99-0088 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

   

 

LAGANT'S ISSUE:AND THE:BOAR IUCHARGHRERIEW BOD RERATIONALI

 

 

- REMARKS
Case heard at Scott AFB, Illinois.

Advise applicant of the decision of the Board and the right to appear before the Board with or without counsel, and submitt
an application to the AFBCMR.

 

     

      
     

SAF/MIBR
550 C STREET WEST, SUITE 49
RANDOLPH AFB, TX 78150-4742

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

1535 COMMAND DR, EE WING, 3°° FLOOR

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

 

FD1999-0088

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance hearing before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached bnef contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an impropriety or
equity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Pattern of Conduct Prejudicial to
Good Order and Discipline. Member received three Article 15s for operating a passenger car while drunk, missed
flight movement through negligence, derelict by negligently failing to clear assigned dormitory room through
billeting prior to port call date. The limited legal advice member claims is without merit. Applicant states his
discharge did not take into account the good things he did while in service. The DRB took note of the applicant’s
duty performance as documented by his performance reports, letters of recommendation, and other information
contained in his records. They found the seriousness of the willful misconduct off set any positive aspects of the
applicant’s duty performance. If he can provide additional documented information to substantiate an issue, the
applicant should consider exercising his right to make a personal appearance before the Board. If he should choose to
exercise this right to a personal appearance heanng, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the
community. Based on the available records the Board found no impropriety or inequity.

The DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all
military members. The characterization of the discharge received by the applicant was found to be appropriate.

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.

Attachment:
Examiner's Brief
FD-99-00088
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

——eE— (Former SSGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 87/07/29 UP AFR 39-10,
para 5-47b (Misconduct - Pattern of Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 47/05/18. Enlmt Age: 23 11/12. Disch Age: 40 2/12. Educ: HS DIPL.
AFOT: N/A. M-74, A-99, G-55, E-64. PAFSC: 70270 - Administration Technician.
DAS: 86/04/14.

b. Prior Sv: Enld as AB 71/04/29 for 4 yrs. Ext 73/05/16 for 6 months.
Ext 75/02/21 for 4 months. Ext 75/10/30 for 12 months. Reenld 76/09/15 for 5
yrs. Ext 79/01/29 for 2 months. Reenld 80/12/16 for 4 yrs. Svd: 12 yrs 5
months 7 days, all AMS. AMN - Unknown. AIC - Unknown. Sgt ~- 73/10/01. SSgt -
78/03/01. TSgt —- 83/02/01. APRs: 8,8,8,9,8,9,9,9,8,9,9,9,8,9.

3. SERVICE UNDER REVIEW:

a. Reenld as TSgt 83/10/07 for 6 yrs. Svd: 3 Yrs 9 Mo 23 Das, of which
AMS is 3 yrs 9 months 22 days (excludes 1 day lost time).

b. Grade Status: SSgt - 87/03/10 (Art 15, 87/03/10)
ec. Time Lost: 85/12/30 - 85/12/30 (1 day).

qd. Art 15’s: (1) 87/03/13, Iraklion AS, Greece - You did, o/a 8 Mar 87,
on North Street, adjacent to Billeting, operate a
vehicle, to wit: a passenger car, while drunk.
Forfeiture of $100.00. (No appeal) (No mitigation).

(2) 87/03/10, Iraklion AS, Greece - You did, o/a 24 Feb 87,
through neglect miss the movement of Flight US 20 at
‘Hellenikon AB, Greece, with which you were required in
the course of duty to move. Further, you did, o/a 24
Feb 87, having knowledge of your duties, were derelict
in the performance of those duties in that you
negligently failed to clear your assigned room in the
NCO dormitory through the billeting office before your
port call date, as it was your duty to do. Rdn to SSgt,
forfeiture of $150.00 per month for two months.

(Appeal /Denied) (No mitigation).

(3) 86/01/08, Iraklion AS, Greece - You did, o/a 30 Dec 85
w/o auth, absent yourself from your unit, and did remain
FD-99~-00088
so absent until o/a 31 Dec 85. Rdn to SSgt (susp til 8
Jul 86), forfeiture of $200.00 per month for two months
and 30 days extra duty. (No appeal) (No mitigation).

e. CM: none.

f. Record of SV: 83/02/05 83/10/16 Peterson AFB 9 = (CRO)
83/10/17 84/10/16 Cairo City 9 (Annual)
84/10/17 85/10/16 Iraklion AS 9 (Annual)
85/10/17 86/04/09 Iraklion AS 7 (Cmdr Dir) REF
86/04/10 86/09/09 TIraklion AS 8 (Cmdr Dir)
86/08/10 86/12/18 Iraklion AS 8 (CRO)

(Discharged from Iraklion AS)

g. Awards & Decs: AFAM W/1 OLC, AFOUA, AFGCM W/3 OLC, NDSM, AFOSSTR W/1
OLC, AFOSLTR W/3 OLC, NCOPMER W/1 OLC, AFTR.

h. Stmt of Sv: TMS: (16) Yrs (3) Mos (1) Das
TAMS: (16) Yrs (3) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fin 293) dtd 99/01/09.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCHS

1. Applicant's Issues.

99/02/19/ia
REPLY 10
ATIN OF;

SUBJECT:

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PRS? 03 & &

DEPARTMENT OF THE AIR FORCE

7276 SECURITY POLICE SQUADRON (USAFE)
APO NEW YORK 09291

   

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cc 22 Apr 87
Letter of Notification - Board Hearing

for 5
TO:
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1. I am recommending your. discharge from the United States Air Force for
misconduct according to AFR 39-10, under the provisions of paragraph 5-47b.
Copies of the documents to be forwarded to the separation authority to support
this recommendation are attached.

2. My reasons for this action are your pattern of misconduct in your current
enlistment consisting of conduct prejudicial to good order and discipline.

a. On or about 30 Dec 85, you did, without authority, absent yourself
from your unit, and did remain so absent until on or about 31 Dec 85. For
this you were given nonjudicial punishment on 8 Jan 86.

b. On or about 25-28 Mar 86, you failed to exercise proper judgment,
initiative, and responsibility in ensuring the completion of a detail directed
to you by your Officer In Charge. For this you were given a letter of
reprimand, Unfavorable Information File (UIF) initiated, and placed on the
control roster on 10 Apr 86.

c. On 2 Dec 86, you took the security police CATMS van and used it to

bring your own beef from the commissary to your dorm. For this you were given

a letter of admonition on or about 11 Dec 86 as evidenced by a memo for record
dated 10 Mar 87.

d. On or about 24 Feb 87, through neglect, you did, miss the movement of
Flight US 20 at Hellenikon AB, Greece. Additionally, on or about 24 Feb 87,
you were derelict in the performance of your duties by negligently failing to
clear your assigned room in the Iraklion Air Station NCO dormitory through the
billeting office before your port call date. For this you were given
nonjudicial punishment on 10 Mar 87.

e. On or about 8 Mar 87, you operated a passenger vehicle while drunk.
For this you received nonjudicial puntshment on 13 Mar 87. ©

3. This action could result in your separation with under other than

honorable conditions. I am recommending that you receive a general discharge.
The commander exercising SPCM jurisdiction or a higher authority will make the
final decision in this matter. If you are discharged, you will be ineligible
for reenlistment in the Air Force.

4. You have the right to:

a. Consult legal counsel.

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b. Present your case to an administrative discharge board.
c. Be presented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of,
the board hearing.

e. Waive the above rights. You must consult legal counsel before making
a decision to waive any of your rights.

5. You have been scheduled for a medical examination. You must report to
Physical Standards, Building 531, with medical records at 0800 on 23 Apr 87.

6. Military legal counsel (@QNONAEMAMWR, USAF Judiciary Area Defense
Counsel, APO 09694-5000, 628-2397) ‘has been obtained to assist you. Contact
the base legal office, extension 3506, for assistance in making an appointment

. to talk with your area defense counsel. Instead of the appointed counsel, you
may have another, if the lawyer you request is in the active military service
and is reasonably available as determined according to AFM 1ll-1. In addition
to military counsel, you have the right to employ civilian counsel. The Air
Force does not pay expenses incident to the employment of civilian counsel.
Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who also will sign it. If you waive your right
to a hearing before an administrative discharge board, you may submit written
statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If

you fail to respond, your failure will constitute a waiver of the right to the
board hearing. ,

+

8. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, attachment 6. A copy of AFR 39-10 is

available for your use in your unit orderly room. Return the directive to
your orderly room when the case ‘is completed.

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

 
      
     
 

4

Fe Nit a th pean aT MERE 5 PY Qeliln a)

  

USAF 3 Atch

Conmander 1. Supporting Documents for the
Reasons for Discharge
2. Documents Containing
Derogatory Information Which are
Not Listed in Letter of
Notification
3. Airman's Acknowledgment