AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 
 

        

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

 

PERSONAL APPEARANCE Xx RECORD REVIEW

“|| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

TYPE GEN
nr

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

HON GEN UOTHC OTHER DENY |
Xx
x
x
x
xX
ISSUES A94.53 INDEX NUMBER A67.10 pa ee EB PES SEB MEL
1 }ORDER APPOINTING THE BOARD 4
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
06 Jan 2011 FD-2009-00386

 

 

 

 

 

   

APPLICANT'S ISSUE AND. THE BOARD'S. DECISIONAL, RATIONALE ARE DISCUSSED.ON THE ATTACHED AIR FORCE DISCHARGE REVIEW. BOARD DECISIONAL RATIONALE,

 

   

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.

 

 

 

 

C7 INDORSEMENT : DATE: Viizuu

TO: FRON
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
i

SAF/MRBR OReE
. AER FORCE DISCHARGE REVIEW BOARD
~~§50 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 G1 -V2) Previous edition will be used
CASE NUMBER

 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00386

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
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The
record indicates the applicant received an Article 15, a vacation of suspended punishment, two Letters of
Reprimand, and a Record of Individual Counseling. His misconduct included failure to report (4x),
dereliction in the performance of his duty, and failing a dorm room inspection. The Board opined that
through these administrative actions, the applicant had ample opportunities to change his behavior. They
found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty
performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to
warrant an upgrade of the discharge.

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
Form Approved
OMB No. 0704-0004

Expires Aug 31, 2006

_ APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES

(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

‘|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, |
J gatheting and meintaining 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 Dafense, Washington Headquarters Services, Directorate for Information Operations and Reports {0704-0004},
41215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shali 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 ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
: PRIVACY ACT STATEMENT

  
  
 

  
  

   
 
 
 
  

 
  
 
   

AUTHORITY: 10 U.S.C. 1553; £.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. .

   

    
 
 
  

   

b. NAME (Last, First. Middle Initial) c, GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
E2

2. DATE OF DISCHARGE O8 SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED {X one) }5. BOARD ACTION REQUESTED (Xx one}
PYYYMMDD) UF dati mor than 15yeer | THowoRABle «dX CHANGETO HONORABLE

ago, submit @ DD Form 149) | XX | GENERALJUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
20061031 | HONORABLE CONDITIONS .
- CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force) ;

43. UNIT AND LOCATION AT DISCHARGE
| | UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
a OTHER (Explain) . SEPARATION TO:

OR SEPARATION

‘| 2MXS BARKSDALE AFB LA

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Ham 14. Seo instructions on
Pagé 3.)

 
   
 

  
 
    
   
  

     
   

 

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 17.

ff military documents or medical records are relevant to your case, please send copies.)

    

    

 

     

      

 

GORD-REVIEW: OF MY:DISCHARGE. BASED-ON-MY MILITARY PERSONNEL. FILE-AND ANY: ADDITIONAL DOCUMENTATION
ME. | AND/OR (counsel/representative) WIL1, NOT APPEAR BEFORE THE BOARD. ee

      

    

  

SUE 4
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
(enter city and stato} (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.8. COUNSEL/REPRESENTATIVE (ff any) NAME (Last, First, Middle Initial) AND ADDRESS | b. TELEPHONE NUMBER (include Area Code}
{See Item 10 of the instructions about counsel/representative.)

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. !f 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{ | wiow | | winower [| | nextorKin [| |LEGALREPRESENTATIVE| | OTHER (Specify)
12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER fineiida Area Carla}
{Forward notification of any change in address. } mre ove eee

d. FAX NUMBER (include Area Code) ;

 
    

!

  

 

i

     

      
 
  
  

 
 

 

13. CERTIFICATION. | make the foregoing statements, 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, ‘
or both.}

@. SIGNATURE - REQUIRED [Applicant or person in Item 11 above) b. DATE SIGNED - REQUIRED FD AOI ~OO Blo
- {YYYYMMDD)
: 20° % 06 Ag
a :

ee

RC _ | | COAST GUARD. OPER ee
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

} AFDRB BRIEF

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00386 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE
GENERAL BARKSDALE AFB, LA 31 AUG 06

DOB/ ENLMT AGE: DISCH AGE: | FORMER: HGH: B. CURRENT DOR: E TIME LOST:
A1C

 

11 MAR 85 18 21 AMN 27 JUL 06 NONE

 

 

AFSC: 2A652 - AEROSPACE GROUND EQPMT DEP DT: ASVAB SCORES: A: 91 E: 89 G: 83 M: 85
JOURNEYMAN 11 JUN 02 7

 

 

ART 15: 1 / VAC: 1 LOR: 3 / RIC: 1 GCM: NONE NONE

 

 

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

 

] F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
23 SEP 04 - 23 MAY 05 BARKSDALE AFB 4 (INITIAL)
24 MAY 05 - 01 JAN06 BARKSDALE AFB 5 (CRO)

 

G. AWARDS & DECS: AFTR, NDSM, GWOTSM, GWOTEM, AFESR, MUA

 

EAD: 23 SEP 03 Ppa 22 MAY 04 ~] H. TMS: 4 YRS 2 MOS 24 DAS | TAMS: 2 YRS 14 MOS 9 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
22 JUN 09 13JUL10/JL

 

 

RECORDS : | MPR:NO ARMS: YES | STR: YES | ISSUES: NO | ATTACHMENTS: NO
AUTH FOR DISCHARGE : AFI 36-3208 PARA 5.49 (MISCONDUCT: MINOR DISCIPLINARY INFRACTOINS)

 

 

ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

RIC: 25FEB05 - REPORTED LATE FOR DUTY.
LOR: 11MARO05 - FAILED TO REPORT FOR DUTY.
LOR: 28MARO6 - FALSELY FILLED OUT A SERVICE INSPECTION CHECKLIST BY STATING THAT
CHECKS WERE DONE & DORM ROOM FAILED INSPECTION BY 1SGT.
(1) ART 15: 15 JUN 06 - (ART 86) DID NOT REPORT TO MAINT SQ FOR DUTY.
(2) AC: 27JUL06 ~- (ART 92) FAILED TO PERFORM EXTRA DUTIES AS REQUIRED.

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709

a
Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

_ APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES

{Please read instructions on Pages 3 and 4 BEFORE completing this application.)

‘I 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 date sources, |
J gatheiing and maintsining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate of any other sspect of this collection
of information, including suggestions for reducing the burden, to Department of Dafense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004),
21215 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
painalty 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 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. ~~... . ue
.DATA °(The person whose discharge is to. be re’ d). PLEASE PRINT-OR TYPE INFORMATION.

 
   
     
  

       
 

   
 

b. NAME (Last, First, Middle Initial}

 
  

  

a A en oe

2. DATE OF DISCHARGE OR SEPARATION
{YYYYMMDD)}] [If date is more than 15 years
ago, submit a DD Form 149)

20061031

3. UNIT AND LOCATION AT DISCHARGE
: OR. SEPARATION
4 2MXS BARKSDALE AFB LA

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Itam 14. See instructions on:
Pagé 3.)

 
   
     

| | GENERAL/UNDER HONORABLE CONDITIONS | | CHANGE Ha aeeanliaeen
| | UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TS STRLED
|__| BAD CONDUCT (Special court-martial only) (Not applicable for Air Force) ;

  

UNCHARACTERIZED CHANGE NARRATIVE REASON FOR |
OTHER (Explain) SEPARATION TO: -

    
 

 
    

 

{
i
i
i

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: {Continue in item 17.
ff military documents or medical records are relevant to your case, please send copies.)

 

 

 

    

EW: REQUESTED /X one)

GT A-RECORD-REVIEW OF MY:DISCHARGE-BASED:-ON.MY MILITARY: PERSONNEL FILE-AND: ANY:ADDITIONAL DOCUMENTATION
D BY ME. | AND/OR fcounselrepresentative} WIL NOT APPEAR BEFORE THE BOARD. — es

1 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
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS |b. TELEPHONE NUMBER (/nclude Area Code)
{See tem 10 of the instructions about counsel/representative.)
rs
d. FAX NUMBER //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. .

|__| spouse [ |wiwow [| wioowen [ | nextorKin [ | LEGALREPRESENTATIVE| | OTHER (Specify)

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE

{Forward notification of any change in address.)

     
 

 
 

  
      

 
   
 

   

    

d. FAX NUMBER (include Area Code}

 

 

13. CERTIFICATION, | make the foregoing statements, 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,
or both.)

a. SIGNATURE - REQUIRED (Appiicant or person in Item 11 above) b. DATE SIGNED - REQUIRED FD AOOY ~OO Blo
2 {YYYYMMDD)
200% eb Ly
ea

[Tway [se JAinFonce™_T—Teonsr cua pS

ce, GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

E2
4. DISCHARGE CHARACTERIZATION RECEIVED (X one)| 5. BOARD ACTION REQUESTED (x one]
[[Hononasie——SSSS*S*~*S*~“‘“‘*C*C*WC'(CCHANGETOHONDORALE
{
j

!

 

    
 
  

] 7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD) .
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

c. E-MAIL ;
. = |

a
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

_|o AvL of
MEMORANDUM FOR AMN

FROM: 2 MXS/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, Military Retirements and
Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.49. If my
recommendation is approved, your service will be characterized as honorable or under honorable

conditions (general). I am recommending that your service be characterized as under honorable
conditions (general).

2. My reasons for this action are as follows:

a. You, who knew or should have known of your duties at or near Barksdale Air Force Base,
Louisiana, on divers occasions between on of about 15 June 2006 and on or about 14 July 2006,

were derelict in the performance of those duties i in that you negligently failed to properly perform
your assigned extra duties, as it was your duty to do. Asa result, you received a Record of
Proceedings of Vacation of Suspended Nonjudicial Punishment, AF Form 366, dated 27 July

2006.

b. You did, at or near Barksdale Air Force Base, Louisiana, on or about 24 May 2006,
without authority, absent yourself from your place of duty at which you were required to be, to
wit: 2d Maintenance Squadron, located at Building 5778 at approximately 0930, and did remain
so absent until 25 May 2006. As a result, you received a Record of Nonjudicial Punishment

Proceedings dated 15 June 2006. °

c. On 24 March 2006 and 27 March 2006, you failed room inspections conducted by the
First Sergeant and your NCOIC, respectively. As a result, you received a Letter of Reprimand
dated 28 March 2006.

d. On 22 March 2006, it was found that several service inspections were not complied with
but were documented by you on your weekly checklist. As a result, you received a Letter of
Reprimand dated 28 March 2006.

e. On 10 March 2005, you failed to show up for duty. As a result, you received a Letter of
Reprimand dated 11 March 2005.

Global Power For America
f. On 25 February 2005, you reported to duty late. As a result, you received a Record of
Individual Counseling dated 25 February 2005.

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.

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 Capt Area Defense Counsel, at

Building 4714, Third Floor, Barksdale AFB, om MH An 4 2006 at

0 4 3° _ hours. 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_ 1S AvL o& 2006 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 rights to do so.

7. You have been scheduled for a medical examination. You must report to the 2d Medical
Group, Barksdale AFB at_0%3° _hourson_!4 Aub of 2006 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 in the unit orderly room.

Commander

Attachments:
1. Receipt of Notification Memorandum
2. Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, AF Form 366,

dated 27 July 2006, and 2 pages of related documents

3. Record of Nonjudicial Punishment Proceedings, AF Form 3070, dated 15 June 2006, and 7
pages of related documents

4. Letter of Reprimand, dated 28 March 2006

5. Letter of Reprimand, dated 28 March 2006

6. Letter of Reprimand, dated 11 March 2005

7. Record of Individual Counseling, dated 25 February 2005
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

AUG 28 2006

MEMORANDUM FOR 2 BW/CC
FROM: 2 BW/JA

SUBJECT: Legal | Review of Administrative Discharge—

1. I have reviewed the proposed discharge action case file and find it legally sufficient to
support separation of Amn 2 MXS with an under honorable

. conditions.(general) discharge as soon as he is found medically fit for separation.

Background: On 16 August 2006, 2 MXS/CC properly notified the respondent of the
coined to separate the respondent under the provisions of AFI 36-3208, paragraph 5.49
for misconduct: minor disciplinary infractions with an under honorable conditions (general)
discharge. Because respondent is not entitled to a board hearing, this case has been pursued via

the notification procedures of AFI 36-3208, Section 6B.

3. Evidence for the Government:

a. The respondent, who knew or should have known of his duties at or near Barksdale Air
Force Base, Louisiana, on divers occasions between on or about 15 June 2006 and on or about 14
July 2006, was derelict in the performance of those duties in that he negligently failed to properly
perform his assigned extra duties, as it was his duty to do. As a result, he received a Record of
Proceedings of Vacation of Suspended Nonjudicial Punishment, AF Form 366, dated 27 July

2006.

b. The respondent did, at or near Barksdale Air Force Base, Louisiana, on or about 24 May

2006, without authority, absent himself from his place of duty at which he was required to be, to
wit: 2d Maintenance Squadron, located at Building 5778 at approximately 0930, and did remain
so absent until 25 May 2006. As a result, he received a Record of Nonjudicial Punishment

Proceedings dated 15 June 2006.

c. On 24 March 2006 and 27 March 2006, the respondent failed his room inspections
conducted by the First Sergeant and his NCOIC, respectively. As a result, he received a Letter of
Reprimand dated 28 March 2006.

This document contains FOR OFFICIAL USE ONLY (FOUO) information that must be protected
under the Privacy Act of 1974 (see AFI 33-332). Do not release outside of DoD channels without the
consent of the originator’s office.
d. On 22 March 2006, several service inspections that were not complied with but were
documented by him on his weekly: an As a result, he received a Letter of Reprimand

dated 28 March 2006.

e. On 10 March 2005, the respondent baited to show up for duty. As a result, he received a
Letter of Reprimand dated 11 March 2005.

f. On 25 February 2005, the respondent reported to duty late. As a result, he received a
Record of Individual Counseling dated 25 February 2005.

4. Evidence for the Respondent: The respondent was properly notified of his right to counsel
and to submit statements on his behalf for your consideration. The respondent did consult with

legal counsel and did submit a statement : your consideration. The respondent realizes the
mistakes he has made and has leamed from|these mistakes. He would like the opportunity to
stay in the military and complete his enlistment honorably.

5. Discussion:

a. A basis for discharge exists. The respondent’ s discharge is based on misconduct: minor
disciplinary infractions. The authority for this discharge is AFPD 36-32 and AFI 36-3208,

paragraph 5.49.

b. The respondent should be discharged under AFI 36-3208, paragraph §.49. Airmen —
are subject to discharge for a pattern of misconduct consisting solely of minor disciplinary

infractions in the current enlistment. The réspondent committed multiple infractions since
February 2005. The respondent has been given numerous opportunities to conform to Air Force

standards, which he has failed to do. Instead, he has engaged in misconduct that resulted in a
Record of Individual Counseling, followed by three Letters of Reprimand, nonjudicial
punishment, and vacation of suspediled nompadicul punishment.

c. The respondent should be given an under honorable conditions (general) discharge.
Based on the respondent’s military record i in the current enlistment, including personal conduct,
performance of duty, and the reason for discharge, 2 MXS/CC recommends a general discharge.
According to AFI 36-3208, paragraph 1.18.2, 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.” The negative aspects of the respondent’s conduct
outweigh the positive aspects of his record.

d. Probation and Rehabilitation @P&R) i is not appropriate in this case. P&R gives
Aimmen an opportunity to stay in the Air Force, show that they can meet Air Force standards, and
complete their current enlistment. The respondent does not merit an offer of P&R because he
has not demonstrated a potential to serve satisfactorily or be rehabilitated for completion of the

current enlistment, which ends 22 September 2007.

6. Options: As the special court-martial convening authority and separation authority in this
case, you may:

a

a. Direct retention if you determine the evidence does not warrant discharge;
b. Forward this case to the general court-martial convening authority, 8 AF/CC, with the
recommendation that the respondent receive an honorable discharge;

c. Direct separation with an honorable or under honorable conditions (general) discharge
with or without probation and rehabilitation;

d. Return this case to the unit for re-initiation and consideration of an under other than
honorable conditions (UOTHC) discharge.

7. Recommendation: Direct respondent’ separation with an under honorable conditions
(general) discharge without probation and rehabilitation. A proposed memorandum to that effect

is attached for ‘your signature.

‘8. Barment: Barment from Barksdale Air'Force Base is not recommended

. Chief, Adverse Actions

 

 

 

 

 

 

 

I concur.
Dh
DAVID S. DALES, Lt Col, USAF
| _ Staff Judge Advocate
Attachments:
1. Proposed Letter
2. Case File