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

     
  
  

AFSN/SSAN

   

 

 

TYPE GEN

 
  
 

| PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

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ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

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ISSUES A92.41 INDEX NUMBER A49.00

  
 

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

  
 

 

 

 
 
   
   
  
   
 
 
 

 

  

 

 

 

HEARING DATE CASE NUMBER

 

 

07 Feb 2011 FD-2009-00443

  
 

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
+Reenlistment Code

 

 

cao

     

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 edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00443

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

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

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant was discharged for both unsatisfactory performance, failure to progress in military training, and for
minor disciplinary infractions. He twice failed his end of course exams for his Career Development Course.
He also received three Letters of Reprimand and three Letters of Counseling for misconduct. The
misconduct included dereliction of duty, failure to report to work on time, failing to pay a just debt, failure to
adhere to dress and appearance standards, and disobeying an order. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative behavior. 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.

Issue 2. The applicant submits that he believes he deserves a second chance despite his discrepancies so that
he may serve his country in the Unites States Armed Forces. The Board 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 determinés the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMe No 0704-0004

  

enon m forma HOA IS sainated to: aiarage" HW) mT So TTSAT neh mange i x tie or FER {
the collection of information. Send cqmments reuanting this: burden esti is : aclu
; Stns, Exocuiiva srvices Directorate (0704-0004) Respondents should Ha,8) sera provislatknt aw) Ao.

vi a pret jt it does not display a curentiy valid: O§B. control mum PLEASE 3 TREUBA } YOUR : FOR a
> THE APPRO ROPRIAT E ADDRESSON BACK t THIS PAGE: . Z

 
 
   

 
 

  
 

 
  

 

 

       

 

 

 

 

 

 

 
 
 

a ifiots Bia: 3 4S years:
"Form 14)

   

 

 

 

  
 

5 FOR THE QUEST K (Contiine ti tem 72, See nsinctions on

 

| = "Fape3)
T-am requesting change of RE code allowing me to re-enlist. I feel my discharge was speditied unfairly. Please advise on how to

| : proceed:

    
 
 

 

   
  

sf realitary. dlocurmenis or medial recor a relevant ‘a your @ By: Heese t ‘send caanaa)

  

re. TYPE OF REVIEW REQUESTED (x one)
TSONDUCT A: RECORD REVIEW OF MY DISCHARGE BASED. ON MY MILITARY PERSONNEL Fite AND ANY ReBrGRAL DOCUMENTATION
j ‘SUBMITTED | } i 1 ANDIOR {odisisevrepresentative) WILL NOT APPEAR BEFORE THE BOARD.
TT "ANDIOR ‘fcoun at/eprasantalive} WISH TO. APPEAR AT & HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARDIN THE —
) WASHINGTO) METROPOLITAN AREA.

TA A We pre ETatVE] Wiss to SERGEY x HEARING ATWO EXPENS! TO TRE GOVERNMENT BEFORE A TRAVELING PANEL L CLOSEST TO
¢ 4 _ (NOTE: The Navy fischarge Review Board tots iit have o vavaling panel}
ja. CO UN: LIREPRES ENTAI ive ‘(hany) "NAME S (Last Be ‘Middle. ian A (ND ADDRESS b. TELEPHONE NUMBER (inclide Area Code}

(See Hem.10.0f fhe ingtietions about coursel/representative.) . _
: & EWA F

 
    
 
 

 

 

 

a FAX NUMBER (Mclude Area Code)

 

 

111, APPLICANT MUST SIGN IN ITEM 2.2. BELOW. ifthe record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH.OR INGOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application Is signed by other than the applicant,
Indicate the name forint) ; and relationship by marking a box below,

spouse |_| wipow _] WIDOWER : NEXT. OF KIN | LEGAL REPRESENTATIVE | | OTHER (Specify)

4a, GERTIFICATION. imake.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 whis tive or RIOreY, not more than. 45 years, or both.)

 

CASE NUMBER
(Bo noi write ir this space.)

    

 

 

Lae IAT RE “TE BATE SIGNED - ‘REQUIRED -
a. SIGNAT: RE REQUIRED Yapplican or person in. Hem 47 above} PYY YUM! FD QOOF 00443
. 20090721 | |e
DD-FORWND293, NOV 2006 PREVIOUS EDITION 18 OBSOLETE. a : Page: 1 of 4 Pages
a
DEPARTMENT OF THE AIR FORCE:
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF:

NAME (Last, First, MI): : DOCKET # COMPONENT:
FD-2009-00443 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE,
GENERAL KUNSAN AB, KOREA 01 MAY 07 CHANGE REASON FOR DISCHARGE, & R.E.
CODE

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

28 JAN 87 18 20 A1c 28 OCT 06 NONE

 

 

 

 

AFSC: 38031 - PERSONNEL APPRENTICE DEP DT: ASVAB SCORES: A:
31 MAR 05

 

D. ART 15/ VAC: - "TD. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE | LOR:3 / LOC:3 GCM: NONE TWO TIME CDC FAILURE

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

28 JUN 05 - 28 FEB 07 KUNSAN AB 2 (INITIAL) REFERRAL

G. AWARDS & DECS: NDSM, GWOTSM, KDSM, HSM, AFOSSTR, AFTR

 

 

EAD: 28 JUN 05 | DAS: 23 NOV 05 | H. TMS: 2 YRS 4 MOS 2 DAS TAMS: 1 YRS 10 MOS 4 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
21 JUL 09 10SEP10/JLL

 

RECORDS : MPR:NO | ARMS: YES STR: YES ‘[ issues: YES ATTACHMENTS. NO

AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.26.3 (UNSATISFACTORY PERFORMANCE: FAILURE TO PROGRESS IN
MILITARY TRAINING) .

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

 

 

LOC: “ 30MAY 06 - FAILED TO UPDATE A MILITARY MEMBER MARTIAL STATUS IN MILPDS.
LOR: 19APRO6 - FAILED TO REPORT TO DUTY ON TIME.

Loc: 19SEP 06 - FAILED TO UPDATE A MILITARY MEMBER'S DEPENDENT STATUS IN MILPDS.
CDC FAILURE: 050CT06 - FIRST END OF COURSE EXAM FAILURE ON CDC.

CDC FAILURE : 03JAN07 - SECOND END OF COURSE EXAM FAILURE ON CDC.

LOC: 08 JAN07 ~- DISOBEYED AN NCO'S ORDER.

LOR: 30 JAN07 - FAILED TOADHERE TO DRESS & APPEARANCE STANDARDS

LOR: 12MAR07 - FAILED TO PAY A JUST DEBT.

 

EXAMINER’S NOTE:

 

OSAF/MRBR V10709
APPLIC ATION FOR THE, REVIEW OF DISCHARGE : No.
FROM - ‘HE E ARMED: FOR S OF THE UNITED STATES OMB aperbvel expires
4 BEFORE completing tis. snpiination 5 - | Oct 34, 2009 oo
fated to average = UTiinuies : per reapones reing. Faviowilig MStRIGUONS: Sour S etait

 

 

 

 

 

[OF SEPARATION | 0 Sct REE CHARACTERIZATION R =CEIVED Kae “BOARD
fe ian #5 years oe: ‘ : co

 

 

 

“ I am requesting change of RE code aligning me to re-enlist. | feel my discharge was epedited unfairly Please advise on how to
| proceed.

Ey (Conlinueat ein 14.

 

rs. RE OF REVIEW REQUESTED (xone) — aa |
CONDUCTA RECORD REVIEW OF MY DISCHARGE BASED ON WY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION i
‘SUBMITTED BY ME, | ANDJOR (cotuiselrepresentatve) WILL NOT APPEAR BEFORE THE BOARD.

ANDIGR (coursel/a yeseniative) WISH TO APPEAR ATA HEARING ATNO EXPENSE TO THE GOVERNMENT BEFORE THE BOARGIN THE

 

 

ire

 
  
  

 

ihearesantatigs WHS TS APF BAR, ATA REARING ATWO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST 16

anter aity and stata) . i ere The Navy Pischarge Review Board does net Have se Yavaling pane) }
Oa. COUNS ELIREPRES ENTATIVE titany} Nal "Last Fire Middle ae g : f _-

(See: Hen 10.07 the: jesthictions about counselrepraséntative. )

     
  
  

 

 

 

 

 

Tt. APPLICANT ‘MUST SIGN IN ITEM 1.2.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF

OF-DEATH.OR INGOMPETENCY MUST AGGOMPANY THE. APPLICATION. If the application Is signed by other than the applicant,
and relationship: by marking a box below.

 

 

Indicate the namie (pring
Pd spouse [| wipow ] WIDOWER |. NEXT OF KIN{ | LEGAL REPRESENTATIVE | | OTHER (Specify)
412. CERTIFICATION. | make the foregoing statements, as part-of my claim, with full Knowledge of the CASE NUMBER
(Bo noi write in this space:}

- penalties involyed for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
_ Bnd 1004 erGvig je that: an inciivicuel. shail be fined under this tite or imprisoned not more than 5 years, or both)

‘ SUAATE RE. BEAUIBEN Fannlirand Ar nareon ir: Harn 47 ahora a Y ,. DATE E SIGNED - "REQUIRED. FD a ‘
~ (YYYYVMDD) OX 4+ (xX Y d 3
20090721

“DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE.” Page tot 4 Pages

/ /
DEPARTMENT OF THE AIR FORCE
8TH MISSION SUPPORT SQUADRON (PACAF)
APO AP 96264

 

10 Apt doo

MEMORANDUM FOR A1C 8 MSS

FROM: 8 MSS/CC
SUBJECT: Notification Memorandum

1, [am recommending your discharge from the United States Air Force for Unsatisfactory
Performance: Failure to Progress in On-the-Job Training (OJT) and Minor Disciplinary
Infractions. The authority for this action is AFPD 36-32 Military Retirements and Separations, |

anggAFI 36-3208, Administrative Separation of Airmen, under the provisions of paragraphs
5.26.3 and 5.49. Copies of the documents to be forwarded to the separation authority to support

this recommendation are attached.
2.:My reasons for this action are: . ¥

“a. Between on or about 1 Mar 06 and on or about 29 Mar 06, you failed to update a military
member’s martial status in MiIPDS. You received a Letter of Counseling, dated 30 Mar 06, for

this failure to perform your duties properly;

b. On or about 19 Apr 06, you failed to report to your appointed place of duty at the time
prescribed. You received a Letter of Reprimand, dated 19 Apr 06, for this misconduct;

__.¢. Between on or about 14 Sep 06 and on or about 17 Sep 06, you failed to update a military
mémber’s dependency status in MilIPDS. You received a Letter of Counseling, dated 19 Sep 06,

for this failure to perform your duties properly;

‘d. On 5 Oct 06, you failed to obtain a passing score on your Career Development End of
- Course. Examination;

 

ce. On 3 Jar 07, you failed+to- obtain a passing score fora second time on your Career

Development End of Course Examination;

f. On or about 5 Jan 07, you violated a lawful order from an NCO, where you were only
allowed to be on the computer between the hours of 0730-0800 and 1630-1700 to check your e-
mail, by surfing the internet and instant messaging friends from your government computer

during other than the specified periods. You received a Letter of Counseling, dated 8 Jan'07, for . +

this misconduct;

g. On or about 30 Jan 07, you failed to adhere to dress and appearance standards identified in
AFI 36-2903. You received a Letter of Reprimand, dated 30 Jan 07, for this misconduct;

h. On or about 3 Mar 07, you became over 60 days delinquent on pa: ments on your Military
Star account resulting in your charge and check cashing privileges being suspended. You ~~

ATTAQUEZ ET CONQUEREZ

ote a awe nti
received a Letter of Reprimand, dated 12 Mar 07, for this misconduct;

3, This action could result in your separation with an Under Other Than Honorable Conditions
(UOTHC) discharge. J am recommending that you receive an Under Honorable Conditions
(General) discharge. The commander exercising Special Court-Martial jurisdictiorr‘or a higher
authority will make the final decision in this matter. If you are discharged, you will be ineligible
for reenlistment in the Air Force and will most likely be denied enlistment in any component of
the armed forces. Any special pay, bonus, or education assistance funds may be subject to

recoupment.
4, You have the right to:
a. Consult legal counsel; and

b. Submit statements in your own behalf.

5. You have been scheduled for a medical examination. You must report to 8th Medical Group,

Bldg 405, at_IS}()_ hours on _]0 Apes | 2007.

6. Military legal counsel has been obtained to assist you. An appointment has been scheduled

for you to consult AL at Bldg. 301, on }} Apes 2007, at 090

hours. Instead of the appointed counsel, you may choose another, if the lawyer you request is in
the active military service and is reasonably available as determined according to AFI 51-201,
Administration of Military Justice. In addition to military counsel, you have the right to employ
civilian counsel. The Air Force does not pay expenses incident to the employment of civilian
counsel. Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 3 workdays, specifying thé rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. You may submit written statements in your own behalf. I will send the statements to the ~
discharge authority with the case file to be considered with this recommendation. If f you fail to
respond, your failure will constitute a waiver of the right to submit written statemneih

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 8 MSS/CSS and on-line at the Air Force

Publishing website (www.e-publishing.af.mil).

e

9. If you received advanced educational assistance, special pay, or bonuses, and have not.
completed the period of active duty you agreed to serve, those allowances may be subject to. ©

recoupment.

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

_ Attachments Listed on Next Page
Attachments:
1. Supporting Documents
a. Letter of Counseling, dated 30 Mar 06 (2 pages)
b. Letter of Reprimand, dated 19 Apr 06 (2 pages)
c. Letter-of Counseling, dated 19 Sep 06 (2 page)
d. Letter of Counseling, dated 8 Jan 07 (2 page)
e. Letter of Reprimand, dated 30 Jan 07 (2 pages)
f. Letter of Reprimand, dated 12 Mar 07 (2 pages)
g. Test Summary, dated 5 Oct 06 (2 pages)
. Trainee Failure Interview, dated 8 Jan 07 (2 pages)
i. Test Summary, dated 3 Jan 07 (2 pages)
j. Supervisor Failure Interview, dated 7 Jan 07 (1 page)
. ECI Form 34 (4 pages)
|. In-House Training (DPMPS) (1 page)
m. Initial Evaluation/Orientation, dated 15 Sep 06 (2 pages)
n. AF IMT 623A (20 pages)
2. Receipt of Notification Memorandum

b
i
J
k
DEPARTMENT OF THE AIR FORCE

 

8TH FIGHTER WING (PACAF)
APO AP 96264-2090
13 APR 2007
MEMORANDUM FOR 8 FW/CC
FROM: 8 FW/JA
SUBJECT: Legal Review of Administrative Discharge - AIC ________. _ __...._, 8 MSS

1, Ihave reviewed the administrative discharge action against AIC
(hereinafter Respondent). The file is legally sufficient to process the discharge. For the reasons

cited in this review, I concur with the recommendations of the: commander.

2. Background: On 10 Apr 07, Maj 8 MSS/CC, properly initiated
administrative discharge action against Respondent under the provisions of AFI 36-3208,
paragraphs 5.26.3, Unsatisfactory Performance: Failure to Progress in On-the-Job Training
(OJT) and 5.49, Minor Disciplinary Infractions. 8 MSS/CC recommends that Unsatisfactory
Performance: Failure to Progress in On-the-Job Training (OJT) be designated as the primary
basis for discharge. She further reconimends an Under Honorable conditions (General)
discharge without an offer of probation and rehabilitation. Respondent received a LOC for
failure to update a military member’s martial status in MilIPDS; a LOR for failure to report to his
appointed place of duty at the time prescribed; a LOC for failure to update a military member’s
dependency status in MilPDS; a LOC for failure to obey a lawful order from a NCO; a LOR for
failure to adhere to dress and appearance standards identified in AFI 36-2903; and a LOR for
becoming more than 60 days delinquent on payments on his Military Star. Finally, Respondent
twice failed his CDC End of Course Examination. Interviews with the unit training manager and
supervisory personnel indicated Respondent failed his CDC exam despite being provided
appropriate preparation time and tools for obtaining a passing score.

3. Matters Submitted By Respondent: Respondent consulted defense counsel and did not
submit a statement on his own behalf. Fs

4. Analysis:

a. Basis:

(1) Airmen are subject to discharge for unsatisfactory performance based on documented
failure to meet Air Force standards. Commanders must weigh an Airman’s conduct, military
deportment, and duty performance against those of other Airmen of like grade, age and.length of
service. While unsatisfactory performance may be due to one flaw in a membei?’s abilities,
discharge is appropriate when it is shown in more than one way. When this is the case, the
recommendation for discharge for unsatisfactory performance should cite all the deficiencies
that were not overcome by counseling and rehabilitation. Failure to Progress in On-the-Job
Training (OJT) is one basis for discharge under this provision. AFI 36-3208, paragraph 5.26.3.

(2) Minor disciplinary infractions consisting solely of infractions in the current
enlistment make an Airman subject to discharge. The infractions under this section may involve
failure to comply with non-punitive 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 non-judicial punishments. AFI 36-3208, paragraph 5.49.

(3) AFI 36-3208, Chapter 6, allows for joint processing when an Airman’s record
supports administrative discharge for more than one reason. When two or more bases for
discharge are being jointly processed, the separation authority must decide whether the Airman
will be discharged for one or all reasons, if at all. If the separation authority directs separation
for two or more reasons, then he must also specify which basis is the primary reason for

discharge.

(4) The case file is legally sufficient to support 8 MSS/CC’s recommendation to
discharge Respondent under either or both of the aforementioned paragraphs. Respondent’s
documented two CDC failures constitute unsatisfactory performance: failure to progress in
on-the-job training (OJT). Respondent’s documented three LOCs and three LORs constitute

minor disciplinary infractions.

b. Characterization: AFI 36-3208, Table 1.3, provides that if the reason for discharge is

unsatisfactory performance: failure to progress in on-the-job training (OJT), the types of
separations authorized are Honorable or Under Honorable Conditions (General). If the reason is

misconduct, which includes minor disciplinary infractions, the types of separations authorized
are Honorable, Under Honorable Conditions (General), or Under Other Than Honorable
Conditions (UOTHC). The file supports 8 MSS/CC’s recommendation that Respondept receive
an Under Honorable Conditions (General) discharge. An Under Honorable Conditions (General)

discharge is warranted when significant negative aspects of the Airman’s conduct or
performance of duty outweigh positive aspects of the Airman’s military record, in-accordance

ae

with AFI 36-3208, paragraph 1.18.2. 3

c. Probation and Rehabilitation: The file supports 8 MSS/CC’s recommendation that
Respondent not receive probation and rehabilitation, given Respondent’s unwillingness to
progress, below average duty performance, and repeated misconduct.

5. Errors and Irregularities: I note no errors or irregularities prejudicial to. Respondent’s
substantive or procedural rights.

6. Options: As separation authority in this case, you may:

a. Approve Respondent’s discharge with an Under Honorable Conditions (General)
discharge, with or without probation and rehabilitation; or
b. Disapprove Respondent’s discharge and order his retention in the Air Force, if you
determine the evidence does not warrant discharge; or

c. Forward this case to 7 AF/CC with the recommendation that Respondent receive an
Honorable Discharge, with or without probation and rehabilitation; or

d. Return this case to the unit for re-initiation, with the recommendation that Respondent
receive an Under Other Than Honorable Conditions (UOTHC) discharge.

7, Recommendation: Direct Respondent’s separation from ‘the United States Air Force with
an Under Honorable Conditions (General) discharge, with unsatisfactory performance: failure
to progress in on-the-job training (OJT) cited as the primary basis, by signing the proposed
letter at Tab 1. . ,

Attachments:
1. Proposed Letter
2. Case File

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