AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

 

    
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
Dees AMN Co
PERSONAL APPEARANCE xX RECORD REVIEW _|
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING GEN UOTHC OTHER DENY
‘ i xX *
x *
x
x*
L -|
ISSUES A93.24 INDEX NUMBER A67. 1 0 : ¢ ee
I ORDER APPOINTING THE BOARD
L*_| =
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
'“) ADDITIONAL EXHIBITS SUBMITTED AT TIMEOF ——
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE
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HEARING DATE CASE NUMBER
20 Mar 2007 FD-2006-00325

 

 

 

   
 

 
 

THE ATTAC
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c AL BATIONAT ARE DISCUSSED ON HED AIR FORCE DISCHARGE REVIEW BOARD.DECISIONAL RATIONALE, ..

B eee

a ae

  

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.

Names and votes will be made available to the applicant at the applicant’s request.

* Reason and Authority

 

 

   

 

 

 

 

 

 

oe DATE. 5) GO7. Ree nnn oa a eae
ae fant i i‘ me
FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
. AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 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 FD-2006-00325

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

The applicant was offered a personal appcarance 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: The Board grants partial relief. Upgrade of discharge to Honorable is approved. Change of
reason and authority for discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s characterization for discharge inequitable.

ISSUE:

Applicant contends discharge was inequitable because it should have been for medical reasons. The records
indicated the applicant received an Article 15, five Letters of Reprimand, eight Records of Individual
Counseling and a DD Form 1408 for misconduct. The DRB opined that if the applicant would have had a
medical evaluation board a year earlier, his case would potentially have come to the Secretary of the Air
Force Personnel Council as a dual-action case to determine which type of discharge (medical or
administrative) would have been more appropriate. If that had been the case, the applicant may not have had
the Article 15 and the misconduct committed in 1998 and 1999, In that situation, the Board concluded the
relative weight and nature of previous misconduct did not warrant a general discharge characterization.
Nonetheless, the Board could not totally dismiss or condone the episodes of misconduct. Hence, the Board
concluded it would be inappropriate to change the reason and authority for discharge. Therefore, the
majority of the board members voted to give the applicant an Honorable discharge characterization but not

change the reason for 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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge under the provisions of Title 10,

USC 1553.

Attachment:
Examiner's Brief
i

FD2006-00325

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF Travis AFB, CA on 18 Jun
99 UP AFI 36-3208, para 5.49 (Miconduct - Minor Disciplinary Infractions).
Appeals for Honorable and Change the Reason for Discharge.

2. BACKGROUND:

a. DOB: 1 Jul 78. Enlmt Age: 17 9/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFOT: N/A. A-85, E-31, G-42, M-24. PAFSC: 3A-31 - Information Management
Apprentice. DAS: 27 Dec 96.

b. Prior Sv: (1) AFRes 19 Apr 96 ~- 10 Sep 96 (4 months 22 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 11 Sep 96 for 4 years. Svd: 02 Yrs 09 Mo 08 Das, all
AMS.

b. Grade Status: Amn - 27 May 99 (Article 15, 27 May 99)
Alc - 18 Jan 98
Amn - 11 Mar 97

c. Time Lost: None.

d. Art 15’s: (1) 27 May 99, Travis AFB, CA - Article 86. You did, on or
about 5 May 99, without authority, fail to go at the
time prescribed to your appointed place of duty, to wit:
Building 176. You did, on or about 7 May 99, without
authority, fail to go at the time prescribed to your
appointed place of duty, to wit: Building 380A. You
did, on or about 10 May 99, without authority, fail to
go at the time prescribed to your appointed place of
duty, to wit: Building 176. You did, on or about 11
May 99, without authority, fail to go at the time
prescribed to your appointed place of duty, to wit:
Building 176. Reduced to Amn. (No appeal)

(No mitigation)

e. Additional: LOR/UIF, 03 MAR 99 - Failure to go.
LOR/UIF, 11 JAN 99 — Failure to go.
LOR, UIF, 20 OCT 98 — Sustandard behavior.
RIC, 19 OCT 98 - Late for work.
RIC, 09 OCT 98 - Medical Quarters instructions and showing
responsibility.
LOR/UIF, 28 AUG 98 - Showing a lack of initiative or
aberrant behavior.
>

FD2006-00325

RIC, 27 AUG 98-- For jumping the chain of comand and lack
of initiative.

LOR, 03 AUG 98 - Late for work.

RIC, 22 JUL 98 - Late for work.

RIC, 22 JUN 98 - Improper processing of accountability and
safeguarding of forms.

RIC, 20 APR 98 - Late for work.

DD 1408, 07 MAY 97 -. Double parked causing a backup

accident.

RIC, 02 MAY 97 - Job performance, shaving waiver and dress
and appearance.

RIC, 03 FEB 97 ~ Sleeping on the job, late to work and
improper wear of the uniform.

=. CM: None.

g. Record of SV: 11 Sep 96 - 10 May 98 Travis AFB 3 (Initial)
11 May 98 - 17 Feb 99 Travis AFB 2 (CRO) REF

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (03) Yrs (01) Mos (23) Das
TAMS: (02) Yrs (09) Mos (08) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293} dtd 17 Aug 06.
(Change Discharge to Honorable and Change the Reason for Discharge.)

Issue 1: I am requesting a review of my Military discharge. I was
diagnosed as having schizophrenia with psychotic disorder after my separation
from Active duty in December 1999. According to my VA doctors my condition was
incurred or aggravated during my period of active duty, and I was rated 100%
disable. changing my discharge from a General with Honorable condition to an
Honorable discharge with the proper codes will allow me to use my GI bill
benefits I invested in while on Active Duty.

Issue 2: My doctor recommended I try to get involve and taking a class or
two will help my brain function a little better.

ATCH
1. DD Form 214.

300CT06/day
FR 2006-00325—

t

DEPARTMENT OF THE AIR FORCE
60TH COMMUNICATIONS SQUADRON (AMC)

 

“1 Son %4
MEMORANDUM FOR AMNi i 60 CS
FROM: 60 CS/CC

581 Waldron Street
Travis AFB CA 94535

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Unsatisfactory Duty
Performance, Failure to Perform Assigned Duties Properly, and Misconduct, Minor Disciplinary
Infractions. The authority for this action is AFI 36-3208, paragraphs 5.26.1 and 5.49. If my
recommendation is approved, your service will be characterized as honorable, general, or under other
than honorable conditions. I am recommending that your service be characterized as general.

2. My reasons for this action are as follows:

a. Unsatisfactory Duty Performance, Failure to Perform Assigned Duties Properly,

paragraph 5.26.1.

(1) On or about 2 May 97, it was disclosed you were not completing your assigned duties properly
and not complying with standards required by AFI 36-2903, by not following the recommended shaving
technique and wearing extremely loose and baggy uniform. For your actions, you received a record of
individual counseling (RIC) (Atch 1, Tab 1).

(2) On or about 22 Jun 98, it was disclosed you improperly processed accountable and safeguard
forms, DD Forms 363 AF, Retirement Certificates and DD Form 1173-IS, ID Cards, by entering the
quantity that was requested instead of the quantity that was shipped. For failing to perform assigned
duties properly, you received an RIC (Atch 2, Tab 1).

(3) On or about 27 Aug 98, it was reported you failed to use proper chain of command, by not
providing your supervisor the full information of your situation prior to discussing it with the First
Sergeant. Further, you lacked the initiative and responsibility in completing projects. For this, you
received an RIC (Atch 3, Tab 1).

(4) On or about 27 Aug 98, you failed to complete an assigned task within a reasonable time. It
normally takes less than an hour to complete the task, but it took you 3% hours or more. For this, you
received a letter of reprimand (LOR) on 28 Aug 98, which was placed in an unfavorable information file

(UIF) (Atch 4, Tab 1).

(5) As of 20 Oct 98, you failed to focus on your assigned duties and to bring your level of
performance up to acceptable standards. Since your last LOR on 27 Aug 98, you were given a 45-day
window to improve your duty performance, which you failed to do. During that time frame, you