AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

 

TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW

 

 

 

   

4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

    

ISSUES DINDEX NUMBER

A93.22 A67.50 ao a
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

ml] Wlye l= §

 

 

 

 

HEARING DATE CASE NUMBER

FD-2009-00072

=

 

 

 

18 Jan 2011

     

 

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.

*Reason and Authority
+RE Code

 

TO:

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 20762-7001

 

 

 

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

“AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00157

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.

ISSUE: Applicant received a General discharge for Misconduct-Minor Disciplinary Infractions and
Conditions that Interfere with Military Service: Mental Disorders Personality Disorders

The Applicant received one Letter of Reprimand, an Article 15, and a Vacation of suspended punishment.
His misconduct included failure to go to place of duty (3x) and overindulged in liquor and could not perform
duties. The Applicant was also diagnosed as having a personality disorder as well as a depressive disorder
so severe that his ability to function effectively in the military environment was significantly impaired. He
also had a three day period of inpatient care for a suicidal ideation and showed signs of alcohol dependence.
These mental health issues did not require long term treatment with an antidepressant or rise to the level of a
medical evaluation board however. The Applicant brings the depression, alcohol addiction, and suicidal
feelings into contention now. Although the Board recognizes Applicant’s mental health diagnosis may have
contributed to his poor performance, judgment, and inability to follow rules and regulations, the Board noted
that he knew right from wrong, was still responsible for his actions of misconduct, and should be held
accountable for those. The Board was pleased to see that the applicant was doing well and has graduated
from college. However after a review of his entire record, no inequity or impropriety in his discharge was
noted. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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
———----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

ie public reporting burden for fhis collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering 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 shail 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.O. 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 (Xone) | ARMY | | MARINE CORPS [ NAVY 34 | Ain FORCE | COAST GUARD
b. NAME (Last, First, Middle initial) . = c. eraperank ATDISCHARGE | d. SOCIAL SECURITY NUMBER
@. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward TELEPHONE NUMBER (Inchide Area Code,
notification of any change in address.) co _ - _
a = g. E-MAIL TT
X NUMBER (Include Aréa 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 HONORABLE

¥ CHANGE TO HONORABLE
ago, cai a DD Form 149)
x GENERAL/UNDER HONORABLE CONDITIONS CONE 1G GENERALUNSER

2.008 2A 04
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not spplicsble for Air rome)

  

 

 

OR SEPARATION UNCHARACTERIZED NARRATIY

90 C OTHER (Explain SEPARATION:
FE. unteen AFB, WY 82001 pee)
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE ned (Continue in Item 13. See instructions on

Page 3.)
into Ho ni litany via Alice Guard ond Tfeol T unr
ke Yo go, backs poclicol issue. evextjoue wod aware of,

 

 

rc would i
unjustly diachakg

7. (Xif applicable) AN 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 14.

D see lopsst documents or Ouelawd records are relevant to your case, please send,copigs. ie pel
See x

9. TYPE OF REVIEW REQUESTED (x one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

1 AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

VE (if any) NAME (Last, First, Middle initial) AND ADDRE

{Saa Itam 10 af tha inctrictians ahoit councal/ranracantative }

      
 

   

 

   

c. E-MAIL

 

R (Include Area Code)

11. 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.

| | spouse{ = |winow | | wipoweR | | NEXTOF KIN LEGAL REPRESENTATIVE |__| OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
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 title or imprisoned not more than 5 years, or both.) p 2) A 6 60 + 2

 

 

 

CASE NUMBER
(Do not write in this space.)

 

 

 

a. SIGNATURE - REQUIRER-(Applicant or pfrsonin Item 11 above) b. DATE SIGNED - REQUIRED
(YYYYMMDD) __ .
004 ol | 4 ¢
2 G 5 FEB G4
DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
. FormFlow/Adobe Designer 7.0
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): : DOCKET # COMPONENT:
a FD2009-00072 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: | DISCHARGE DATE: APPEALS FOR: HONORBALE DISCH, RE
GENERAL F.E. WARREN AFB, WY 9 OCT 08 CODE & NARRATIVE REASON

 

24SEP 87 19 21 A1C A1C 30 MAR 07 NONE

 

DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: | C. TIME LOST:

 

AFSC: 3&331-STRUCTURAL APPPRENTICE | DEP DT: . ASVAB SCORES:
19 JAN 07 A: 67 E: 46 G: 47 M: 59

 

 

D. ART 15: D. LOR, LOA, RIC, LOC: | E. SPCM/ GCM: | ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1/ VAC: 1 LOR:4/ LOC:1/ RIC: 1 NONE NONE

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT):
13 OCT 07- 9 JUN 08 F.E. WARREN AF FM 77 (MANDATORY)

 

G. AWARDS & DECS: NDSM, GWOTSM, AFTR

EAD: DAS: H. TMS: TAMS:
6 FEB 07 13 OCT 07 1 YRS; 8 MOS, 19 DAS 1 YRS, 8 MOS, 4 DAS

 

APPLN (DD FORM 293) DTD: | DT/ INITIALS: NPA: YES PA: NO
16 JAN 09 260CT09/ TS

 

 

 

RECORDS: | MPR: ARMS: X ISSUES: YES | ATTACHMENTS: YES

 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.50.2 (A PATTERN OF MISCONDUCT: CONDUCT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE)

ART 15; SPMC; GCM; ADDITIONAL:

LOC: 19 NOV 07 - SENT AN UNOFFICAL EMAIL VIA THE BASE NETWORK.
RIC: 3 DEC 07 - FAILED TO GOTO PT.

LOR: 10 DEC 07 - FAILED TO GOTO PT.
LOR: 8FEB08 - FAILED TO GO TO READINESS FORMATION AND RECALL.

LOR: 3 MAR 08 - FAILED TO GOTO PT.

(1) ART 15: 22 APRO8 -FAILED TO GOTOPT.
LOR: 6 MAY 08 - SATIN SHOP VEHICLE INSTEAD OF REPORTING TO CHAIN OF COMMAND.

(2) VAC: 28 MAY 08 - FAILED TO GO TO BLDG 475.

 

EXAMINER'S NOTE: STR UNAVAILABLE AFTER 3 ATTEMPTS. PEB FROM BASE IN CASE FILE.

©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

data sources, gathering 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 shall 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 (Xone) [ [ARMY | [MARINE CORPS [NAVY [4 | air FoRcE COAST GUARD

b. NAME (Last, First, Middle Initial) aren c. GRADERANK ATDISCHARGE | d. SOCIAL SECURITY NUMBER
[ad

@. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward TELEPHONE NUMBER (Include Area Code

notification of any change in address.) : -
g.: E-MAIL ~ * a a rr

ar ay
ao FAX NUMBER (Include Area Codey

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
ago, submit a.DD Form 149) HONORABLE

 

 

  

 

 

 

10 x GENERAL/UNDER HONORABLE CONDITIONS HONDEALLECOMEORe
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE 10 UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
TAR NAR RA ie py

 

  

OR SEPARATION UNCHARACTERIZED

RE LdseRen AFB, wy $200! OTHER (Explain)

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
Page 3.)

i back into tHe militacy via Aix Guowd and Tfeol Tunas
T woul ike xo 89 foe a aioelical issued evetYoud wood aware of,

  

SEPARATION:

 

 

  

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
If military documents or medical records are relevant to your case, please rey ies.),
yDi Keples

MDischoure Ouclous
My Mevrokoiclur to Balmsso's ofbice | Disc etGootion
Pouardos Mewouarduuu to Tc. Copy & Memsicoucluun

9. TYPE OF REVIEW REQUESTED (x one)
xX | CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

   
       
       
     

SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.
TAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST 1O
(enter city and state) (NOTE. The Navy Discharge Review Board does not have a traveling panel.)

OUNSEL/REPRESE VE (ifany) NAME (Last, First, Middle Initial)

{See tam 10 of the instructions about counsel/renrasentative }

   

 

—————

11. 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.

|} | spouse{ j{wivow | |wipower [| NEXTOFKIN| | LEGAL REPRESENTATIVE | | OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Titie 18, Sections 287

and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.) . -
FD2001- 0COF2

 

CASE NUMBER
(Do not write in this space.)

 

 

 

a. SIGNATURE - REQUIRED (Applicant or pérsonin item 11 above) b. DATE SIGNED - REQUIRED
(YYYYMMDD)
C04 oll
2 G 5 Fes @4
DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. - -Page 1 of 4 Pages
omriow lobe Designer /.'
baer

Pesce

—-——-- DEPARTMENT OF THE AIR FORCE
90TH SPACE WING (AFSPC)

 

\G Tun 6a

MEMORANDUM FOR AMN

FROM: 90 CES/CC

SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for
Misconduct: A Pattern of Misconduct, Conduct Prejudicial to Good Order and
Discipline. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph

5.50.2. 1am recommending that your discharge be characterized as an Under

Honorable Conditions (General) Discharge.

2. My reasons for this action are:

a. You were, at or near Francis E. Warren Air Force Base, Wyoming, on or
about 16 Nov 07, derelict in the performance to your duties, to wit: you sent an
‘unofficial e-mail via the base network. For this misconduct you received a Letter of

Counseling (LOC), dated 19 Nov-07.

b. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about
3 Dec 07, fail to go to your appointed place of duty at the scheduled time, to wit:
mandatory physical training. For this failure you received a Record of Individual

Counseling (RIC), dated 3 Dec 07.

c. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about
10 Dec 07, fail to go to your appointed place of duty at the scheduled time, to wit:
mandatory physical training. For this failure you received a Letter of Reprimand

(LOR), dated 10 Dec 07.

d. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about
7 Feb 08, fail to go to your appointed place of duty at the scheduled time, to wit:
mandatory Readiness Formation and Recall. For this failure you received an LOR,

dated 8 Feb 08.

e. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about
29 Feb 08, fail to go to your appointed place of duty at the scheduled time, to wit:
mandatory physical training. For this failure you received an LOR, dated

3 Mar 08.
f. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about
2 Apr 08, without authority, fail to go at the time prescribed to your appointed place

of duty, to wit: Bldg 475, for mandatory physical training formation. For this
violation of Article 86 of the UCMJ you received an Article 15, dated 22 Apr 08.

g. You were, at or near Francis E. Warren Air Force Base, Wyoming, on or
about 6 May 08, derelict in the performance of your duties, to wit: you sat in a shop
vehicle listening to the radio instead of reporting to your chain of command for job
reassignment as you had previously been briefed. For this misconduct you

received an LOR, dated 13 May 08.

h. You did, at or near Francis E. Warren Air Force Base, Wyoming, on or about

19 May 08, without authority, fail to go at the time prescribed to your appointed
place of duty, to wit: Bldg 475. For this violation of Article 86 of the UCMJ you

received a Vacation Action, dated 28 May 08.

3. You have the right to consult counsel. Military legal counsel has been obtained

to assist you. abe’ made an appointment for you to consult {OC at
CK. \WWoaetn. nN _t% Tun G8 ,at_OBoo hours. You may consult

civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements

you want the separation authority to consider must reach me by [4 JunwG¢&
unless you request and receive an extension for good cause shown. | will send

them to the separation authority.

5. If 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.

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

4b. ee on 24 Jun GB, at e415 ‘hours for the examination.

Chun pFowaly froery Co.
7. Any personal information you furnish in rebuttal is covered by the Privacy Act of

1974. Acopy of AFI 36-3208 is available for your use at your command support
staff office.

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

Commander, 90th Civil Engineer Squadron

Attachments:
1. LOC, dated 19 Nov 07
2. RIC, dated 3 Dec 07
3. LOR, dated 10 Dec 07

4. LOR, dated 8 Feb 08

5. LOR, dated 3 Mar 08

6. Article 15, dated 22 Apr 08

7. LOR, dated 13 May 08
8. Vacation Action, dated 28 May 08
4

DEPARTMENT-OF-THE-AIR FORCE -
90TH SPACE WING (AFSPC)

 

MEMORANDUM FOR 90 SWICG BE JUN 200

FROM: 90 SW/HJA
SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge Action:

ARR AA wAmA

1. Ihave reviewed the subject discharge action and find it legally sufficient.
LtCol"" "°°" * ‘he 90th Civil Engineer Squadron Commander, has
recommended that Amn be involuntarily separated from the
United States Air Force Under Honorable Conditions (General) Discharge in
accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. Lt Col ~
does not recommend probation and rehabilitation (P&R). |concur with Lt Col

recommendation.
2. Facts:
a. Amn misconduct consists of: failure to obey a lawful

order/dereliction of duty (twice) and failure to go (six times).

b. Asa result of his misconduct, Amn received an Article 15 with
Vacation Action, four Letters of Reprimand (LOR), one Letter of Counseling (LOC),

and one Record of Individual Counseling (RIC).

3. There is a legally sufficient basis to separate Amn from the United
States Air Force with a General Discharge without P&R.

a. Basis for discharge: AFI 36-3208, paragraph 5.50.2, authorizes separation
for a pattern of misconduct in the current enlistment that is prejudicial to good order
and discipline. Amn. misconduct, as described above, establishes a

sufficient basis for discharge.

b. Should Amn. be discharged? Amn. should be discharged.
Amn has engaged in a steady pattern of misconduct. In the span of just
over six months, Amn. has received an Article 15 with Vacation Action, four
LORs, one LOC andaRIC. Amn, ° "; misconduct is a consistent pattern of
failing to go or being derelict in his duties at work. Though his unit used escalating
levels of discipline in an attempt to get Amn © ‘3 attention, his pattern of
misconduct continued. Given this pattern, his continued presence within the
Air Force is likely to be disruptive, and he is likely to be an undesirable influence.

For factors you must consider, refer to Attachment 1.
c. Service characterization: Amn has engaged in a pattern of
misconduct that is prejudicial to good order and discipline as evidenced by his
inability to correct his irresponsible behavior. However, his conduct is not of the
nature that would usually warrant an Under Other than Honorable Conditions
Discharge. Thus, | concur with Lt Col ecommendation for a General
Discharge. For authorized service characterizations, reference Attachment 1.

d. Probation and Rehabilitation: The unit has made multiple attempts over
time to encourage Amn to adhere to military standards regarding both his
duty performance and punctuality. Because of the frequency of Amn. — :
misconduct in such a short duration (a little over six months) as well as the many
escalating attempts (one Article 15 with Vacation Action, four LORs, one LOC, and
one RIC) his unit made to try to get him to change his unsatisfactory behavior, P&R

is inappropriate.

4. Amn. Response:

a. Amn. is entitled to wear the National Defense Service Medal, Global
War on Terrorism Service Medal, and the Air Force Training Ribbon.

b. Amn was notified of this discharge action on 16 June 2008. He
consulted counsel and submitted a written statement for your consideration. {In his
written statement, Amn summarizes his background and asks that you
retain him, or in the alternative, discharge him with an Honorable discharge
characterization. Amn. recounts much of his training and recent volunteer
work, but does not address any of his misconduct. With his response,

Amn. _........ also submitted a character statement, written on his behalf, from
AIC7™ 70

5. Options for Separation Authority: As the special court-martial convening
authority, you are the separation authority for this action. You may:

a. retain Amn in the Air Force;

b. recommend Amn. be separated with an Honorable Discharge, with
or without probation and rehabilitation, and forward this case to the general
court-martial convening authority (20 AF/CC) for action;

_ ¢c. direct Amn 1@ separated with an Under Honorable Conditions
(General) Discharge with or without probation and rehabilitation;

d. direct this case be reinitiated pursuant to the board hearing procedures of
AFI 36-3208, Chapter 6, Section C, if you feel a UOTHC Discharge is warranted;

e. direct this case be reinitiated under another paragraph of AFI 36-3208, if you
deem it more appropriate. .

6. | recommend that you direct Amn be separated with an Under
Honorable Conditions (General) Discharge without P & R. Although Lt Col did
ATTACHMENT 1

1. AFI 36-3208, paragraph 6.1.1, Separation or Retention Factors: AF! 36-3208,
paragraph 6.1.1, lists the factors that the separation authority must consider in making a

on ° 4