AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
& | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITEAL) AFSN/SSAN
nit,
TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW
AME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
ti :
ISSUES A94,05 INDEX NUMBER A67.10
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
' . 4 | BRIBF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDIFIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE ] CASE NUMBER
13 Apr 2004 FD-2001-0548

 

 

 

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, and the right to submit an application to the APBCMR.

  

SECRETARY OF TSE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW HOARD

1535 COMMAND DR, EE WING, IRD FLOOR

ANDREWS AFB, MD 20762-7062

 
 

SAF/MRBR
550 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 | pyp.7991-0548

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

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Dobbins AFB, Georgia, in November, 2002, but did not respond to formal notification of the hearing date
and failed to appear without requesting a postponement. The applicant was again scheduled for a personal
appearance before the DRB at Fort Gillem, Georgia, in April 2004, but again failed to respond to formal
notification of the hearing date and did not request a postponement.

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 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. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant was discharged for minor disciplinary infractions; he had received an Article 15, six Letters of
Reprimand, a Letter of Counseling, and had an Unfavorable Information File (UIF) for misconduct. His
infractions included failure to go, writing numerous bad checks, and failing to pay just debts. In reply to his
UIE action, member noted his problems were likely due to his lack of focus and direction in life. In reply to
his Article 15, he apologized and noted he had no excuse to continue making the same mistakes repeatedly.
The DRB opined that through the unit’s many 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 and the characterization of the discharge received by the applicant
was 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.

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
FD2001-0548
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former AMN) (HGH Alc)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/08/12 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 73/05/15. Enlmt Age: 19 10/12. Disch Age: 23 2/12. Educ:HS DIPL.
AFOQT: N/A. A-68, E-42, G-78, M-21. PAFSC: 1C331 - Command & Control
Apprentice. DAS: 93/12/03.

b. Prior Sv: (1) AFRes 93/03/31 - 93/06/29 (2 months 29 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 93/06/30 for 4 yrs. Svd: 03 Yrs 01 Mo 13 Das, all AMS.

b. Grade Status: AMN - 96/07/12 {Article 15, 96/07/12)
Alc - 94/10/30
AMN - 93/12/30

c. Time Lost: none.

d. Art 15's: (1) 96/07/12, Scott AFB, IL - Article 134. You did, on or
about 22 May 96, make and utter to the -------- a
certain check, check #1539, in words and figures, to
wit: $21.60, for the purchase of goods and/or services,
and did thereafter dishonorably fail to maintain

sufficient funds in the -------- -- £or payment of such
check in’ full upon its presentment for payment.
Reduction to Airman, and 21 days restriction.

(Appeal /Denied) (No mitigation)

e. Additional: LOC, 06 JUN 95 - Bad Check.
LOR, 03 AUG 95 - Bad Check.
LOR, 15 AUG $5 - Failure to pay just debt.
LOR, 18 AUG 95 - Pailure to go.
LOR/UIF, 30 AUG 95 - Failure to pay just debts.
LOR/UIF, 01 FEB 96 - Bad checks.
LOR, 29 APR 96 - Bad Checks.

f. CM: none,

gq. Record of SV: 93/06/30 - 95/02/27 Scott AFB 5 (Initial)
95/02/28 - 96/01/03 Scott AFB 3 (CRO)
FD2001-0548
(Discharged from Scatt AFB)

h. Awards & Decs: APFTR, NDSM.

i. Stmt of Sv: TMS: (03) Yrs (04} Mos (12) Das
TAMS: (03) ¥rs {01} Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/12/10.
(Change Discharge to Honorable)

Issue 1: Nature cf seperation (sic) to harse for offenses committed.

ATCH

1. DD Form 214.
2. AF Form 100,

 

02/03/25/ia
Wee ee . . . . 4

  

Sale Aw ee en dee ot eh Mane

Pp 2eef- OS# 5

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 375TH ARUET WING (AMC)

 

MEMORANDUM FOR 375 AW/CC
01 AUG 1996
FROM: 375 AW/JA
861 South Drive Room 300
Scott AFB IL 62225-5101

SUBJECT: Final Legal Review of Administrative Discharge -

2, ‘SAA eanenseme.
1. I have reviewed Amn ‘ETE sn inistrative discharge package

and find it legally sufficient. This discharge is for minor disciplinary
infractions, pursuant to AFI 36-3209, paragraph 5.49. I recommend you approve
the discharge with a General (Under Honorable Conditions} service
characterization by signing the attached letter.

2. Basis for Action: On 24 Jul 96, the respondent's Commander, Lt Co] qggyeis

guetemam, amc TACC/cC, notified Amn @MMMBMMMBef her decision to initiate
administrative discharge proceedings for minor disciplinary infractions

TAW AFI 36-3208, paragraph 5.49. The respondent acknowledged receipt of
notification on 24 dul $6. Respondent consulted with counsel and has waived
his right to submit a statement for your consideration. Lt Col <2:
recommended Ann SQQQMMNENP discharge on 29 Jul 96.

3. Fact Summary: Respondent is 23 years old and entered the Air Force on

30 Jun 93 for a period of 4 years. He has been on continuous active duty
Since that date. No prior active duty or inactive service is indicated. The
respondent is authorized to wear the Air Force Good Conduct Medal, the Air
Force Training Ribbon, and the National Defense Service Medal. Lt Col aa
is requesting the respondent be diacharged for the following reasons:

a. On or about 12 Jun 95, he failed to maintain sufficient funds in his
checking account. For this offense he received a Letter of Counseling (LOC},
dated 6 Jun 95.

b. On or about 20 Jun 96, he failed to maintain sufficient funds in his
checking account. For this offense he received a Letter of Reprimand (LOR),
dated 3 Aug 95.

¢. On or about 15 Aug 95, he dishonerably failed to pay his just debtea.
For this offense he received an LOR, dated 15 Aug 95. {Atch 3 of 1)

d. On or about 17 Aug 95, he failed to go at the time prescribed to his
appointed place of duty. For this offense he received an LOR, dated 18
Aug 95.

e. On or about 30 Aug 95, he dishonorably failed to pay his just debts.
For this offense he received a LOR, dated 30 Aug 95 with an Unfavorable
Information File (UIF) entry.

AMC --GLOBAL REACH For AMERICA

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Pp zecy— OSFE

£. On or about 18 Jan 96, he failed to maintain sufficient funds in his
checking account. For this offense he received an LOR, dated 1 Feb 96 with a
UIF entry.

g. On or about 29 Apr 96, he failed to maintain sufficient funds in his
checking account. For this offense he received an LOR, dated 29 Apr 96 with a
UIF entry.

h. On or about 22 May 96, he failed to maintain sufficient funds in his
checking account. For this offense he received an Article 15, dated 12 Jul
96.

4. Legal Sufficiency: The file is legally sufficient to support the
requested discharge pursuant to AFI 36-3208, paragraph 5.49, minor

disciplinary infractions.
5. Discussicn:

a. Ann 3 has continued to be a disciplinary problem within the
Squadron despite corrective actions taken by his supervisors. Since Jan 35,
the respondent has received an Article 15, one LOC, and six LORs. He has
failed to go to his appointed place of duty, failed to consistently pay his
debts, and has demonstrated his inability to maintain his personal finances,
It is clear that Amn SQM is unwilling to conform his conduct to the
Standards expected of airmen in the Air Force. Therefore, discharge action is
appropriate. ,

b. Discharges may be characterized as Honorable, General (Under Honorable
Conditions) or Under Other Than Honorable Conditions (UOTHC}. In determining
the appropriate characterization, AFI 36-3208, paragraph 1.18 provides
guidance. An Honorable characterization is appropriate when the quality of
the airman’s service generally has met Air Force standards of acceptable
conduct and performance of duty. A General characterization is appropriate
when "an airman’s service has been honest and faithful" but “significant
negative aspects of the airman's conduct outweigh positive aspects”. Finally,
a UOTHC is appropriate when an airman’s behavior, acts, or omissions are a
“significant departure" from conduct expected of airmen. Specific examples of
conduct warranting a UOTRC include violent acts and ather acta which endanger
the health and safety of other Air Force members.

c. Amn SQM discharge is appropriately characterized as General.
Based on the Respondent‘s conduct, an Honorable service characterization would
be inappropriase. However, although significant negative aspects of
Amn WGN conduct have outweighed the positive aspects, hia conduct has
not departed so radically that he has endangered cthers. Consequently, this
case does not rise to the level of an Under Other Than Honorable Conditions
Discharge. Therefore, I recommend that Amn Freeman be discharged with a
General Service characterization.

6. Probation and Rehabilitation (PsR}: The use of P&R is authorized in this
Case under AFI 36-3208, Chapter 7. However, Amn @M0MMMMB has failed to respond

to previous rehabilitative efforts, including one LOC, six LORs, and
Nonjudicial Punishment. It is clear that all efforts of rehabilitation have
ED 26060 59S

proved futile. Consequently, neither the commander nor I recommend further
PéR.

7. Options: As the Special Court-Martial Convening Authority, you have the
following options in thie case:

a. Retain the respondent in the Air Force.

b. Forward the file to 15 AF/CC with a recommendation the respondent
receive an Honorable Discharge, with or without probation and rehabilitation.

c. Direct the separation of the respondent with a General (Under
Honorable Conditions) Discharge, with or without probation and rehabilitation.

dad. Direct reinitiation of the discharge proceeding with a recommendation
the Respondent receive an Under Other Than Honorable Conditions (UOTHC)
Discharge.

8. Recommendation: I recommend the Respondent be discharged from the Air
Force with a General (Under Honorable Conditions} Discharge, without probation
and rehabilitation.

   

a oo Major, USAF
Acting Staff Judge Advocate

a

Attachments:

Proposed 375 AW/cc Ltr w/S Atch
(Case file)
fe ZOO (- OS YS

MEMORANDUM FOR Amn @aReaiiihias: BA TLIO

FROM: HQ AMC TACC/CC

SUBJECT: Notification Letter

1. I am recommending your discharge from the United States Air Force for
minor disciplinary infractions. The authority for this action is AFI 36-3208,
Paragraph 5.49. If my recommendation fer discharge is approved, your service
may be characterized as Honorable, General (Under Honorable Conditions), or
Under Other Than Honorable, I. am recommending that your service be
characterized as General {Under Honorable Conditions} .

x

2. My reasons for this action are:

a. On or about 1 Jun 395, you failed to maintain sufficient funds in your

checking account. For this offense you received a Letter of Counseling (LOC),
dated & Jun 95, (Atch 1)

b. On or about 20 Jun 96, you failed to maintain sufficient funds in your
checking account. For this offense you received a Letter of Reprimand {LOR},
dated 3 Aug 95. ({Atch 2)

c. On or about 15 Aug 935, you dishonorably failed to pay your just debts.
For this offense you received an LOR, dated 15 Aug 95. (Atch 3)

d. On or about 17 Aug 95, you failed to go at the time prescribed to your
appointed place of duty. For this offense you received an LOR, dated
18 Aug 95. [Atch 4}

e. On or about 30 Aug $5, you dishonorably failed to pay your just debts.
For this offense you received a LOR, dated 30 Aug 95 with an Unfavorable
Information File (UIF) entry. (Atch 5)

£. On or about 18 Jan 96, you failed to maintain sufficient funds in your
checking account. For this offense you received an LOR, dated 1 Feb 96 with a
UIF entry. {Atch 6)

g- On or about 29 Apr 96, you failed to maintain sufficient funds in your
checking account. For this offense you received an LOR, dated 29 Apr 96 with
a UIF entry. {Atch 7)

h. On or about 22 May 96, you failed to maintain sufficient funds in your

checking account. For this offense you received an Article 15, dated
12 Jul 96. (Atch 8)

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
Pvzeoj- 0598

or retained in the Air Force. If you are discharged, 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 consult with

the Area Defense Counsel, Bldg 7, at _(¢00 bre on 25 FvL Pf, . You may

consult civilian counsel at your own expense.

5. You have been scheduled for a medical examination. You must report to the

375th Medical Group, Physical Examinations Section, on _& Awa Fie at/y 730 bre

for the examination.

6. You will report immediately to the DEERs Office, Bldg 350, to surrender
your Military Identification Card (ID) and the ID Cards of any dependents.

You will be issued a temporary ID pending the 375 AW/CC decision on your
discharge.

7. You will report before close of business tomorrow (or the next duty day)
to the Transportation Management Office (TMO}, Outbound Assignments, to
complete a Scott Air Force Base Form 241/Personal Property Appointment Sheet.
That worksheet must be completed and returned to TMO within 5 days.

8. You will report before close of business tomorrow (or the next duty day)
to Special Actions at Military Pay, Bldg P-10, room 201, to make arrangements
concerning your military pay.

9. You have the night to submit statements in your own behalf. Any

statements you want the separation authority to consider must reach me
by 1500/29 5% unless you request and receive an extension for good cause

shown. I will send them to the separation authority.

10. Tf 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.

11. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFI 36-3208. A copy of AFI 36-3208 is
available for your use in the squadron orderly room.

 

Commander

Attachments:

1. LOC, 6 Jun 95.

2. LOR, 3 Aug 95.

3. LOR, 15 Aug 95.

4. LOR, 18 Aug 95.

5S. LOR, 30 Aug 95, (UIF)
6. LOR, 1 Feb 96. (UIF)
7. LOR, 29 Apr 96. (UIF)
8. Art 15, 12 Jul 96