AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

CONSIDINE, WILLIAM D. ° so AB 250-61-9962

 

 

  
  
 
 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TYPE GEN |__ PERSONAL APPEARANCE Xx RECORD REVIEW
COUNSEL ae NAME OF COUNSEL AND OR ORGANIZATION ~ — ADDRESS AND OR ORGANIZATION OF COUNSEL. ”
“ _ ~ (x, VOTE OF THE BOARD - ~~
MEMBER SITT ING NON GEN UOTHC OTHER DENY
X
X
X
x
X
ISSUES 4 yy 90 INDEX NUMBER 4 6-7 1 “EXHIBITS SUBMITTED TOTHE BOARD
A95.00 1 [ORDER APPOINTING THEBOARD
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 TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCT HEARING
HEARING DATE CASE NUMBER
24 Jun 2010 FD-2009-00185
APPLICANT'S ISSUE AND THE BOARI'S DECISIONAL, RATIONALE ARE DISCUSSED ON THE ATTACHED ALR FORCE DISCHARGE REVIEW BOARD CISIONAL, RAHIONALE

     

Case heard in 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.

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

 

Nad OS 2SENDORSEMENT ee DATE: 7/14/2010

   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

 

SAT/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, FE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFILQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00185

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
alter a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

The applicant submitted no issues regarding the inequity or impropriety of his discharge. He had two Article
15s, a Letter of Reprimand (LOR), and aMemorandum for Record (MFR). His misconduct included willfully
making false official statements to Senior Noncommissioned Officers (SNCO) and the Office of Special
Investigations (OS]); failing to refrain from drinking alcohol within 8 hours prior to duty, willfully violating
a lawful order not to consume alcohol, and failure to report for duty at the prescribed time. These incidents
of misconduct occurred during the period of September 2004 to December 2004. The Board concluded the
applicant’s misconduct was a significant departure from conduct expected of all military members. The
applicant declined to provide a written statement on his behalf, and waived his right to counsel to expedite
the discharge process so that he could move on with his life. The Board concluded that the negative aspects
of the applicant’s service outweighed the positive contributions he made in his Air Force career. The
characterization of the discharge received by the applicant was found to be appropriate.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

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

AFDRB BRIEF

 

 

 

 

 

 

NAME (Last, First, Ml): SSN: DOCKET # COMPONENT;
CONSIDINE, WILLIAM D. 250-61-9962 FD2009-00185 USAF
TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: HONORABLE DISGH
GENERAL SCHRIEVER AFB, CO 21 DEC 04
DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C, TIME LOST:
15 FEB 83 20 21 AB AMN 8 OCT 04 NONE
AFSC: 10631 — SPACE SYSTEM OPERATIONS DEP DT: ASVAB SCORES:

APPRENTICE 9 SEP 09 A: 83 E:65 G: 82 M: 81
D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 2 LOR: 1 NONE MFR: 14

 

 

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT):

NONE

 

G, AWARDS & DECS: AFTR, NDSM

 

 

 

 

 

 

EAD: DAS: H. TMS: TAMS:

8 OCT 03 14 APR 04 1 YRS,3 MOS, 12 DAS 1 YRS, 2 MOS, 14 DAS
APPLN (DD FORM 293) DTD: | DT/ INITIALS: NPA: YES PA. NO

15 APR 09 23DEC09/ TS

RECORDS: | MPR: “| ARMS: X jae x ISSUES: YES ATTACHMENTS: NO

 

 

 

 

 

AUTH FOR DISCHARGE :

AFI 36-3208 PARA 5.49 (MISCONDUCT: MINOR DISCIPLINARY INFRACTIONS)

 

 

ART 15; SPCM; GCM; ADDITIONAL:

LOR:

1 SEP 04 - MADE FALSE STATEMENTS TO SNCO’S & OSI AGENTS.

(1) ART 15: 14SEP 04 - (ART 92) CONSUMED ALCOHOL PRIOR TO ASSUMING DUITIES.

MFR:
(2) ART 15:

22 OCT 04- DISOBEYED A LEGAL ORDER GIVEN BY COMMANDER.
1 DEC 04 - (ART 86) FAILED TO GO TO PLACE OF DUTY.

 

EXAMINER’S NOTE:

NOTES:

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

é public reporting burden for this collection of information 16 estimated to average 50 minutes par response, including the time far reviewing instructions, searching existing data sources, gathenng and
maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no

person shaft be-subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM

TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

AUTHORITY: 10 U.S.C. 1553; E.0, 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social
Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION,

 

 

    
 

 

  

 

a, BRANCH OF SERVICE (X one) ARMY MARINE CORPS NAVY [hot] ain FORCE |_| Coast GUARD
Con (Last First, Midcle initia) ¢. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
onsiding William "D. E-\ QSO~l0 I~ Mwed
. CURRENT Giang ADDRESS OF APPLICANT OR PERSON NAMED INITEM 11 (Forward : PHONE NUMBER (Iiclade Area Code
notification of any change in address.) : 4 an OF ~ oe bo ry

ysl "Co\insorn AN. | Leak
Easypciree, me \ Usoa\ . FAX NUMBER (Include Area Code

 

 

     
  
 
     

  

 

 

2, DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)| 5. BOARD ACTION REQUESTED (x one)
(YYYYMMDD) (if date is more than 15 years : SO ee be
ago, submit a DD Form 149) HONORABLE i | CHANGE TO HONORABLE

GENERAUUNDER HONORABLE CONDITIONS. ; CHANGE TO GENERAL/UNDER
a UNDER OTHER THAN HONORABLE CONDITIONS scanned CONDITIONS
i HAN ARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) : (Nt applicable for Ar Fores)
-OR SEPARATION | UNCHARACTERIZED CHANGE NARA
‘ : =a
SIDECAOOY [Schriavel [OTHER TEGaMT—

 

 

 

     

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See i Butts on

Page 3 hep my trying 40 qek OW. GOVEFIMENE YOb, T Was offer
eos! Oust becduse St the. situation ane) T+took it +t Sureoe

7. (Xifa malts A APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item Ta
if military documents or medical records are relevant to your case, pldase send copies.)

   
         
   
   

 

9. TYPE OF REVIEW REQUESTED (X ong)
Mf] CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
», 4 SUBMITTED BY ME, { AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

|| AND/OR (counsel/represantative) WISH TO APPEAR AT. A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA,

 

 

 

| ANDI/OR (counsel/epresentative) WISH TO APPEAR AT A HEARING AT NO PENSE TO THE GOVERNMENT GEFORE A TRAVELING PANEL GLOSEST 10]
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)
10.a. COUNSELIREPRESENTATIVE (if any) NAME (Last First, Middle Initial) AND ADDRE b. PRONE NUMBER (Inclade Area Code,

(See tte 10 of the instructions about counsel/representative.,)

 

d. X NUMBER (include Area Code,

41. APPLICANT MUST SIGN IN ITEM 12.a, BELOW, If the record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION, If the application is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

CASE NUMBER

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the = SNE
aking " m 3 (Do not write in this space.)

penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this tite or imprisoned not more than 5 years, or both.)

15 AYR. OF

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

FormFlow/Adobe Dasigner 7,0
DEPARTMENT OF THE AIR FORCE

SOTH SPACE WING (AFSPC)

 

BLECEKY

MEMORANDUM FOR AMN WILLIAM D. CONSIDINE, 250-61-9962, 3 SOPS

FROM: 3 SOPS/CC

SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for misconduct,
specifically minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, paragraph 5.49. If my recommendation for discharge is approved, your service
will be characterized as honorable or under honorable conditions (general). I am recommending

that your current term of service be characterized as general.

2. My reasons for this action are:

a. Between on or about 17 July 04, you made false statements to Senior NCO’s and OSI.
members conducting a health, morale, and welfare inspection regarding the prescription drugs
found in your room that were not prescribed to you. This action brought into question your
integrity. As a result, you received a letter of reprimand on 1 Sep 04. (Atch. 1a)

b. On or about 29 Aug 04, you failed to refrain from consuming alcohol within 8 hours prior
to assuming crew duties. This action constituted a violation of Article 92 of the Uniform Code
of Military Justice (UCM)J). As a result, you were reprimanded and reduced to the grade of
Airman Basic, in conjunction with non-judicial punishment that was imposed on 14 Sep 04.
Additionally your received a No Alcohol Consumption Order dated 30 Aug 04. (Atch. 1b)

c. On 20 Oct 04, on 21 Oct 04, and on 22 Oct 04, you were derelict in the performance of
your duty by failing to go to the place of duty at the appointed times. These actions constituted a
violation of Article 86 of the Uniform Code of Military Justice (UCMJ). As a result, you were
reprimanded and forfeited pay in the amount of $100.00 and restricted to base for 30 days, in
conjunction with non-judicial punishment that was imposed on 01 Dec 04. (Atch. 1c)

d. On 22 Oct 04, you admitted to drinking alcohol tn violation of a legal order not to drink
given to you by your commander. This admission was documented in a Memorandum for
Record from MSgt Sarpy, SSgt Landing, and SMSgt Graden, dated 22 Oct 04. (Atch 1d)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial 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.

MASTER OF SPACE
Cc ee

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

An appointment has been made for you to consult the Area Defense Counsel Office, 556-7611,

135 Dover Street, Peterson AFB, on_Agnler waivtg YP. You may consult civilian

counsel at your own expense. Civilian counsel, if employed, must be readily available.

>. 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 duty days from the date you receive this
memorandum of notification unless you request and receive an extension for good cause shown.

I will send them to the separation authority.

6. Ifyou fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

7. You must complete the attached DD Form 2697 (Atch 5). You are required to make an
appointment with the Schriever AFB Flight Medicine clinic within 24 hours of receiving this

notification letter.

to receive a briefing.

 

8. You must report to MPF Separations on .

9. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFT 36-3208 is available for your use in your unit orderly room.

ANTHONY K. HINSON, Lt Col, USAF
Commander, 3rd Space Operations Squadron

Attachments:

1. Derogatory Data:
a. Letter of Reprimand, dated 1 Sep 04
b. AF Form 3070, dated 14 Sep 04

c. AF Form 3070. dated 1 Dec 04
d, Memorandum For Record, dated 22 Oct 04

Airman’s Receipt of Notification
Airman’s Statement
Recoupment Statement

DD Form 2697

AWD
DEPARTMENT OF THE AIR FORCE

50TH SPACE WING (AFSPC)

 

| 20]
MEMORANDUM FOR 50 SW/CC IS Dec

FROM: 50:SW/JA

SUBJECT: Legal: Review — Involuntary Administrative Separation Under AFI 36-3208,
AB WILLIAM D. CONSIDINE, 250-61-9962, 3 SOPS

1. The administrative discharge action pertaining to AB William D. Considine has been
reviewed for legal sufficiency and is now forwarded to you for action,

2. BASIS FOR DISCHARGE: The statutory basis for this legal review is 10 U.S.C. § 1169 and
AFI 36-3208, paragraph 6.12.1.1. This action was initiated on 15 Nov 04 to administratively
separate respondent from the United States Air Force pursuant to AFI 36-3208, Chapter 5,
Section H, paragraph 5.49., misconduct (minor disciplinary infractions). The commander
recommends an under honorable conditions (general) characterization of service and does not
recommend an offer of probation and rehabilitation pursuant to AFI 36-3208, Chapter 7. His
recommendation is based on AB Considine willfully making false official statements, as
documented in a letter of reprimand dated 1 Sep 04; failing to refrain from drinking alcohol
within 8 hours prior to duty, as documented by an article 15 action dated 14 Sep 04; willfully
violating a lawful order not to consume alcohol as recorded in a memorandum for record dated
22 Oct 04; and failing to report for duty at the prescribed time, as documented by an article 15

action dated 1: Dec 04.

3. EVIDENCE FOR THE RESPONDENT: The respondent is 21 years old and has:a total of 1
‘year and 2 months. active service. He enlisted on 8 Oct 03 for a term of four years. He is entitled
to wear the National Defense Service Medal and Air Force Training Ribbon. The respondent did
not provided a written statement because he wants to expedite the discharge process so that he

may move on with his life.

4. ERRORS AND IRREGULARITIES: There has been substantial compliance with the
applicable substantive and procedural provisions of AFI 36-3208. We find no error or
irregularity that prejudices the respondent or deprives him of any of his rights.

5. DISCUSSION: The evidence is legally sufficient to support administrative discharge for
minor disciplinary infractions. Based on the nature of the offenses, the recommended service

charactenzation of a general discharge 1s appropnate. A general discharge is appropriate when

. significant negative aspects of the member’s conduct outweigh positive aspects of his military
record (AFI 36-3208, paragraph 1.18.2.). Prior to initiating administrative discharge, the
commander attempted to rehabilitate the respondent as shown by the quantity of administrative
disciplinary actions taken. However, respondent’s history of misconduct shows his resistance to

MASTER OF SPACE
otha seostaai

C So

compliance with the law and Air Force standards. An offer of probation and rehabilitation is
inappropriate because of respondents’ continued and repeated improper conduct despite his unit’s

many unsuccessful attempts at correction.
6. OPTIONS: As the Separation Authority, you are empowered to:

a, Direct retention based on your determination that the evidence is insufficient to support
discharge;

b, Return the file and direct that discharge action be re-initiated under a more appropriate
paragraph of AFI 36-3208;

c. Forward the discharge file to 14 AF/CC with a recommendation for an honorable
characterization of service, with or without an offer of probation and rehabilitation;

d. Direct discharge with a general characterization of service, with or without an offer of
probation and rehabilitation; or

e. Direct that discharge action be re-initiated under the board hearing procedure for discharge
under other than honorable conditions.

7. RECOMMENDATION: I recommend you direct respondent be separated from the United
States Air Force with a general characterization of service without an offer for probation and

rehabilitation, and that AFT 36-3208, Chapter 5, Section H, paragraph 5.49., be cited as the basis
for this action.

BERTS, JR., USAF

ALTER €. R:
Staff Judge Advocate