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AF | DRB | CY2011 | FD-2009-00114_Redacted
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
 

AFSN/SSAN

a

 

 

PERSONAL APPEARANCE

RECORD REVIEW

 

  

 

: NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

 

MEMRER SITTING
x
x
Xx
x
4
ISSUES A94.11 INDEX NUMBER A67.10 iE) SMITTED TO-THE BOARD». 00) 200 es
A93.07 1 JORDER APPOINTING THE BOARD
A94.05 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 APPEARANCE HEARING
HEARING DATE CASE NUMBER
11 Jan 2011 FD-2009-00114

 

Case heard in Washington, D.C.

|

TO:
SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

 

 

D'DECISIONAL RATIONALE... F200 88

 

Advise applicant of the decision of the Board 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.

 

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

   
  

    
 
    
   

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00114

  

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

  
   
     
    
     
    
 
  

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel at

Andrews AFB on 11 Jan 2011. The = witnesses also testified on the applicant’s behalf:

The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions

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, change of reason and authority for discharge,
and change of reenlistment code.

  

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.

   

ISSUES:

       
   
    
   
     
    
   
   
   
   
   
   
   
   
   
   
    

Issue 1. Applicant contends that his discharge did not take into account the good things he did and his total
service while in the Air Force. The DRB took note of the applicant's duty performance as documented by his
performance reports and his 6-month deployment. However, the seriousness of the willful misconduct offset
any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

  

Issue 2. Applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he
understood he must receive an Honorable discharge to receive future educational entitlements. The Board
was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter
of inequity or impropriety, which would warrant an upgrade.

  

Issue 3. Applicant contends that his discharge was inequitable because he had “medical reasons” for the
Article 15 (NJP) he received for sleeping on post and that his supervisory chain had a bias towards him
because of the stigma of his previous NJP. The records indicate the applicant received three Article 15s and
a Letter of Reprimand (LOR) for his misconduct. The first NJP was for violation of three specifications of
Article 92, UCMJ: 1) failing to obey a lawful order issued by 376 AEW/CC regarding curfews in the
Kyrgyz Republic; failing to obey a lawful order issued by 376 AEW/CC by wrongfully entering the
installation at Kyrgyz by entering through the incorrect Entry Control Point; and failing to obey a lawful
order issued by 376 AEW/CC, by failing to travel in a group of three to six persons when off the installation.
The applicant apologized for this misconduct. The applicant’s second NJP cited his violation of Article 113,
UCMS: Misbehavior of Sentinel (sleeping on post). The applicant stated that he believed that it was his
inability to breathe properly, which caused him to fall asleep or pass out. He also indicated that he had taken
Claritin to alleviate his sinus issues and “all I remembered was that it felt like someone was sitting on my
chest and that I was not getting enough air. Next thing I remember is seeing headlights in front of me and
TSgt K asking me if I was sleeping.” While the applicant contended that he did not want to go to the clinic
as he did not want to be put on quarters or be PRP de-certified, he also knew that he should not have taken
“P miedicatioris without clearance from a physician while in a PRP status, especially in light of his critical duties
while posted as a sentinel on Tower Loop. While the applicant contended that his medication and health
issues caused him to “pass out or fall asleep”, the offense did not result from a physical incapacity caused by
disease or accident. Therefore, there was no legal justification for the offense. The applicant subsequently
received an LOR for disrespect towards a superior commissioned officer for which he did not submit a
written response. The applicant’s last NJP prior to his discharge was for assaulting his spouse, SrA SM, by
shoving her into a wall and causing her a swollen and bloody lip. The applicant contented that he pushed his
spouse to “keep her from destroying his property,” as SrA SM threw his Xbox on the floor and was
attempting to do the same with his PS3 console. The Board found that all of the disciplinary actions taken
against the applicant, which were used as a basis for the discharge were legally sufficient and that the level
of punishment was not harsh when compared to the misconduct. The Board did not find any evidence of
bias or conflict of interest by his supervisory chain with regard to the level of punishment imposed against
him.

 
 
       
     
    
  

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
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006
The public reporting burden for this 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 Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004),

1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
‘| penaity for failing to comply with a collection of information if it doesnot display a currently valid OMB: control number. -

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. 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.
[navy
ec. GRADE/RANK AT DISCHARGE

Amn

 

 

 

. "| CHANGE TO HONORABLE
eae) iene 2 DO Catan 182 CHANGE TO GENERAL/UNDER

: ° , HONORABLE CONDITIONS
: ay UND NO :
XO QO 7) 5 . NDER OTHER THAN HONORABLE CONDITIONS CHANGED UNGHARACTERDED

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force}

OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
SEPARATION TO:

A Vlano A 8 OTHER (Explain)

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in tem 14. See instructions on
Page 3.) = = 7
vs) T+ 1 Qn Lyguotice for Me 40 commue to Surrer The advevse

ConSeguences OF A geherad 1) i6Chanye Fur in Precnim 8 From cong
Ciflumeiner Out OF emrrel mptrel MY epi lity té SErve s

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON fyyYYMMDD}

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 17.

if military documents or medical records are relevant to your case, please send copies.) Have alyren A Y S uw em the A
Ceper- y Mic ary Reecrds mehiCae decay ment Rerun ng TO Py
Dihergos Wg IL 1 Erie aur [ais spencer Also;

4

9. TYPE OF REVIEW REQUESTED [X one}

7| 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.

| AND/OR fcounsel/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 panei.)

10.a. COUNSEL/REPRESENTATIVE (/f any) NAME (Last, First, Middle initial} AND ADDRESS [b. TELEPHONE NUMBER (include Area Code}
(See Item 10 of the instructions about counsel/representative.}

 

 

 

 

 

 

 

c. E-MAIL

 

d. FAX NUMBER f/nclude Area Code)

11. APPLICANT MUST SIGN IN ITEM 13.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.

LEGAL REPA

 

 

 

 

— as part of my claim, with
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 10, SeCHIOnS 2 (Do not write in this space.)
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years,
or both.)

 

b. DATE SIGNED - REQUIRED
(YYYYMMDD}

£p2009-oll4

VIOUS EDITIONS ARE OBSOLETE. . Page 1 of 4 Pages
“T4-CONTINUATION OF ITEM 6, ISSUES (/f applicable}

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable}

16. REMARKS (if applicable)

Mon ed [9 Ge 4190 SePereta coke Changod

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

Remy Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis

9700 Page Avenue 720 Kennon Street, S.E.

St. Louis, MO 63132-5200 Room 309 {NDRB)
(See http://arba.army.pentagon.mil) Washington Navy Yard, DC 20374-5023

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR ; Commandant (G-WPM)

. 2100 Second Street, S.W. Room 5500 foe
Randolph AFB, TX 78150-4742 Washington, DC 20593

 

 

DD FORM 293, AUG 2003 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

DOCKET # COMPONENT:
FD2009-00114 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: HONORABLE DISCH, RE
GENERAL AVIANO AB, IT 27 SEP 07 CODE & NARRITIVE REASON

 

 

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
14 FEB 84 19 23 Aic SRA 26 JUL 07 NONE

Cle

 

AFSC: 3P051 ~- SECURITY FORCES JOURNEYMAN DEP DT: ASVAB SCORES:
12 AUG 02 A: 41 E:40 G: 36 M: 38

{
D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)

ART 15: 3 LOR: 1 NONE NONE

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
18 MAR 03 - 17 DEC 04 AVIANO AB 3 (INITIAL) REFERRAL
18 DEC 04 -17 DEC 05 AVIANO AB 4 (CRO)

18 DEC 05 - 17 DEC 06 AVIANO AB 3 (ANNUAL)

 

G. AWARDS & DECS: AFQUA wi 10LC, NDSM, GWOTEM, GWOTSM, AFESR w/GB, AFLS, AFTR

 

 

EAD: DAS: H. TMS: TAMS:
18 MAR 03 7 AUG 04 5 YRS 1MOS 15 DAS 4YRS 6MOS 11 DAS

 

 

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: YES PA: NO
7 FEB 09 200CT09/LMM

 

RECORDS : | NPR ARMS: X STR: X ISSUES: YES ATTACHMENTS: YES

 

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

ART 15; SPCM; GCM; ADDITIONAL:

 

 

 

(1) ART15: 30 APR04 - (ART 92) LATE FOR CURFEW, RETURNED IN THE WRONG GATE & DIDN’T TRAVEL IN A GROUP.
(2) ART15: 8JUN05 - (ART 113) FOUND SLEEPING ON POST.

LOR: 15 MAR 07 - FAILED TO SHOW CUSTOMS & COURTESIES.
(3) ART 15: 26 JUL 07 - (ART 128) PHYSICALLY HARMED WIFE.

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
{Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden for this 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 Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004),
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of jaw, no person shall be subject te any

“| penalty for failing t6 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 ADDRESS. 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. CORPS | NAVY [X<[ SENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HCO Q 7 SS l UNDER OTHER THAN HONORABLE CONDITIONS HONORABLE CONDITIONS
CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only} (Not applicable for Air Force)
OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
Ay ino AB OTHER (Explain) SEPARATION TO:

 

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 14. See instructions on
P. 3) = : o . | orn
eo) T+ 16 aN lygustice for Me 40 commue +o Surrer The adverse

ConSeguances OF A ganeraL Dischage £ [Ur mechs Fromcengd
Ciftumgwancee out of MY anrroi ptr MY Oi Liby 16 Srve s

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMmMbDD)

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 17.

If military documents or medical records are relevant to your case, please send copies.) Have a Lren Ja Y S uw 7 ™ hed
C@erer- y mic tty Reec#rchs , mechiCae checy mens Rectan ng TO fy
Discharge, WA, TO! & 0 File @ur iS Apprartar Also,

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.

| AND/OR {counsel//representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
fenier city and state} (NOTE: The Navy Discharge Review Board does net have a traveling panel.}
10.a. COUNSEL/REPRESENTATIVE (/f any) NAME (Last, First, Middle Initial) AND ADDRESS |b. TELEPHONE NUMBER (/nciude Area Code)

{See Item 10 of the instructions about counsel/representative.)

 

 

 

c. E-MAIL

 

d. FAX NUMBER {/nciude Area Code}

 

11. APPLICANT MUST SIGN IN ITEM 13.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 WIDOW WIDOWER NEXT OF KIN LEGAL REPRESE
PERSON ABOVE

 

. , as part of my claim, with full knowledge of the CASE NUMBER
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.}
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years,

 

above} b. DATE SIGNED - REQUIRED
(YYYYMMDD)

cotO2@7 — |FD@004-C0llt

REVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages
14. CONTINUATION OF ITEM 6, ISSUES //f applicable}

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (ff applicable)

16. REMARKS /(/f applicable)

(Mon eh Te Pe ALSO GO PLraoHy adhe Ch angod

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

army Heview. Boargs Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kerinon Steck, SE
9700 Page Avenue - 1 9.E,

Room 309 (NDRB)

St. Louis, MO 63132-5200 \
(See http://arba.army.pentagon. mil} Washington Navy Yard, DC 20374-5023

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (G-WPM)

550-C Street West, Suite 40° ~~ - : ‘2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

 

 

DD FORM 293, AUG 2003 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
31ST FIGHTER WING (USAFE)

    

SEP 05 2007
MEMORANDUM FOR AIC

FROM: 31 SFS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct: Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32 and AFI 36-3208,
paragraph 5.49. If my recommendation is approved, your service will be characterized as an
Under Honorable Conditions (General) discharge. I am recommending that your service be
characterized as an Under Honorable Conditions (General) discharge.

2. My reasons for this action are:

a. On or about 17 Apr 2004, at or near Manas Air Base in the Kyrgyz Republic, you failed to
obey a lawful order by wrongfully failing to return from off base prior to the 2200 curfew. On or
about 17 Apr 2004, at or néar Manas Air Base in the Kyrgyz Republic, you again failed to obey a
lawful order by wrongfully entering the installation through an unauthorized entry point.
Additionally, on or about 17 Apr 2004, at or near Manas Air Base in the Kyrgyz Republic, you
failed to obey a lawful order by wrongfully. failing to travel in a group of three to six persons
when off the installation. For these incidents, you received an Article 15, dated 30 Apr 2004,
with the punishment of reduction to the grade of Airman Basic, suspended through 29 Oct 2004,
and forfeiture of $596.00 pay per month for 2 months, with the portion in excess of $300.00
suspended until 29 Oct 2004. In addition, this action was used to establish your then

Unfavorable Information File (UIF).

b. On or about 12 May 2005, while posted as a sentinel, you were found sleeping upon your
post. For this incident, you received an Article 15, dated 8 Jun 2005, with a punishment of
‘ reduction to the grade of Airman, with a new date of rank of 8 Jun 2005; forfeiture of $323.00
pay, suspended through 6 Dec 2005; restriction to the limits of Aviano Air Base, Italy for 14

days; 14 days extra duty; and a reprimand.

c. On or about 8 Mar 2007, during a NATO TACEVAL, you failed to show proper customs
and courtesies to a General Officer. For this incident, you received a Letter of Reprimand

(LOR), dated 15 Mar 2007.

d. On or about 25 May 2007, you unlawfully shoved your wife up against a wall causing her
significant physical harm. For this incident, you received an Article 15, dated 26 Jul 2007, with

a punishment of reduction to the grade of Airman First Class, with a new date of rank of
26 Jul 2007; forfeiture of $200.00 pay, suspended though 25 Jan 2008; and a reprimand. This
action was also used to create your current UIF.

“The World’s Finest”
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 higher authority
will decide whether you will be discharged or retained in the United States 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. The separation authority will make the findings and

recommendations required under 10 U.S.C. Section 2005(g).

4. You have the nght to consult counsel. Military | ined to assist you.
IT have made an appointment for you to consult with t Building 224,
extension 632-5588, on 5 Seer oF ,at 4336 ours. You may consult civilian

counsel] at your own expense.

5. 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 Seer OF unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

6. 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.

7. You have been scheduled for a medical examination. You must report to Family Practice
Clinic, Area One Hospital on _ GSerst _,at_ = © 832 __ hours for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use at the Office of the Area Defense Counsel or the

Unit Orderly Room.

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

 

Attachments:

1. Supporting Documents
a. AF Form 1137/Article 15 dated 30 Apr 2004

b. Article 15 dated 8 Jun 2005

c. LOR dated 15 Mar 2007
d. AF Form 1137/Article 15 dated 26 Jul 2007

2. Receipt of Notification Memorandum
3. EPRs

“The World’s Finest”
4
é

oe

DEPARTMENT OF THE AIR FORCE
31ST FIGHTER WING (USAFE)

   

SEP 1 4 2007

MEMORANDUM FOR 31 FW/CC

  

FROM: 31 FW/JA

i Action, Airman
1. [have reviewed the proposed discharge action and find it legally sufficient. gr
Commander, 31st Security Forces Squadron, recommends that the respondent be separated for
misconduct with an Under Honorable Conditions (General) discharge as soon as he is found medically fit
for separation. This case is forwarded to you, as the Separation Authority, in accordance with AFI 36-

3208, paragraph 5.56, for action.

2. Background:

a. The respondent is a 23-year-old Airman First Class , assigned to the 31st Security Forces
Squadron (31 SFS). His TAFMSD is 18 March 2003, and he began his 4-year enlistment on
18 March 2003. He was assigned to his present unit on 7 August 2004. His AQE scores are
Admin — 41, Elect — 40, Gen — 36, and Mech — 38. The respondent has received three Enlisted
Performance Reports (EPRs), with two ratings of “3, and one rating of “4.” He is entitled to wear the
Air Force Training Ribbon, the National Defense Service Medal, the Air Force Longevity Service
Award, the Air Force Expeditionary Service Ribbon, the Air Force Outstanding Unit Award, the
Global War on Terrorism Expeditionary Medal, and the Global War on Terrorism Service Medal.

b. On 5 September 2007, the 31 SFS/CC notified the respondent of his recommendation to
separate the respondent with a General discharge under the provisions of AFI 36-3208, Chapter 5,
paragraph 5.49 for Misconduct: Minor Disciplinary Infractions. The respondent is not entitled to a
board hearing; therefore, this case has been properly processed in accordance with the notification

procedures of AFI 36-3208, Chapter 6, Section B.

3. Basis for Discharge: In accordance with AFI 36-3208, paragraph 5.49, a pattern of misconduct
consisting solely of minor disciplinary infractions in the current enlistment makes an Airman subject to
discharge. The infractions under this section may involve failure to comply with nonpunitive
regulations or minor offenses under the UCMJ. Infractions of this type result, as a rule, in informal
(reduced to writing) or formal counselings, letters of reprimand, or Article 15 nonjudicial punishment.

4. Summary of Evidence for the Government:

a. On or about 17 April 2004, at or near Manas Air Base in the Kyrgyz Republic, the respondent
failed to obey a lawful order by wrongfully failing to return from off base prior to the 2200 curfew.
On or about 17 April 2004, at or near Manas Air Base in the Kyrgyz Republic, the respondent again
failed to obey a lawful order by wrongfully entering the installation through an unauthorized entry

“The World’s Finest”
point. Additionally, on or about 17 April 2004, at or near Manas Air Base in the Kyrgyz Republic, the

respondent failed to obey a lawful order by wrongfully failing to travel in a group of three to six
persons when off the installation. For these incidents, the respondent received an Article 15, dated
30 April 2004. In addition, this action was used to establish his then Unfavorable Information File

(UIF).

b. On or about 12 May 2005, while posted as a sentinel, the respondent was found sleeping upon
his post, as referenced by the Article 15 he received on 8 June 2005.

c. On or about 8 March 2007, during a NATO TACEVAL, the respondent failed to show proper
customs and courtesies to a General Officer, as referenced by the Letter of Reprimand (LOR) he

received on 15 March 2007.

d. On or about 25 May 2007, the respondent unlawfully shoved his wife up against a wall causing
her significant physical harm, as referenced by the Article 15 he received on 26 July 2007. This action

was also used to create his current UIF.

5. Summary of Evidence for the respondent: The respondent met with defense counsel and
submitted a written response. In his response, the respondent gives a brief personal and military
background, and further explains the extenuating circumstances surrounding his three Article 15s.
In addition, he asks that his discharge characterization be upgraded to an honorable discharge due to
these circumstances. The respondent also included a portion of his medical records and two witness

statements as attachments.

6. Discussion:

a. A basis for discharge exists, and the respondent should be discharged under that provision.
In accordance with AFI 36-3208, paragraph 5.49, a pattern of misconduct consisting solely of minor
disciplinary infractions in the current enlistment makes an Airman subject to discharge. Minor
disciplinary infractions are defined, for this purpose, as failure to comply with nonpunitive instructions
or minor offenses under the UCMJ that result in informal (reduced to writing) or formal counselings,
LORs, or Article 15s. In his current enlistment, the respondent has received one LOR, three Article
15s, and the establishment of a UIF. Based on the respondent’s record of misconduct, he should be

discharged.

b. The respondent should receive a general discharge. According to AFI 36-3208, table 1.3,
Rule 11, the service of persons identified for discharge for misconduct may be characterized as
Honorable, Under Honorable Conditions (General), or Under Other Than Honorable Conditions
(UOTHC). An honorable discharge is warranted when the quality of the Airman’s service generally
has met Air Force standards of acceptable conduct and performance of duty, or when a member’s
service is otherwise so meritorious that any other characterization would be inappropriate. A general
discharge is appropriate when significant negative aspects of the Airman's conduct or performance of
duty outweigh positive aspects of the Airman's military record. A UOTHC is appropriate when basing
the reason for separation on a pattern of behavior, or one or more acts or omissions that constitute a
significant departure from the conduct expected of Airmen. Based on the respondent’s service record,
the 31 SFS/CC recommends a general discharge. The respondent’s pattern of misconduct clearly
outweighs the positive aspects of his service; thus, he deserves a general discharge.

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c. Probation and Rehabilitation (P&R): According to AFI 36-3208, paragraph 7.2.7, the
separation authority may offer P&R in any case where there seems to be a reasonable expectation of
rehabilitation. The respondent’s continued failure to meet minimum standards both here at Aviano and

at his deployed location cause a significant burden to both the mission and personnel of the

31st Security Forces Squadron. The respondent’s disregard for military standards demonstrates his
poor rehabilitative potential. Therefore, I support the commander’s decision not to recommend P&R

in conjunction with this discharge. Further, the respondent did not request P&R.

7. Errors and Irregularities: We note that the respondent’s Article 15 (Attachment 2b), dated

8 June 2005, although annotated as being entered into a UIF, was never added to the respondent’s
UIF. We also note that the respondent’s LOR (Attachment 2c), dated 15 March 2007, is missing a
final signature from the Flight Chief who initiated the paperwork; however, the lack of signature does
not affect the LOR’s legal sufficiency. We do not find these errors or irregularities to be prejudicial

to the respondent’s substantive or procedural rights.
8. Options: As the Separation Authority in this case, you may:
a. Retain the respondent, if you consider the discharge unwarranted;

b. Refer the case to 3 AF/CC if you believe the respondent should be separated with an honorable
discharge;

c. Direct that the respondent be separated for minor disciplinary infractions with a general discharge,
with or without P&R; or

d. Direct re-initiation of the discharge action if you believe an Under Other Than Honorable
Conditions (UOTHC) discharge is warranted.

' 9. Recommendation: Direct respondent’s separation with an Under Honorable Conditions (General)
discharge, without P&R, by signing the attached memorandum.

 

Attachments:

1. Commander’s Recommendation

2. Copy of Notification Memo w/atchs

3. Receipt of Notification Memo/Recoupment Ltr/Airman’s Statement w/atchs/

Discharge Under Ltr

4. EPRs
5. Medical Examination
6. 6-Part RIP/Enlistment Extension Form/ID Card Ltr/Finance Ltr

“The World’s Finest”

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