AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 
 

        
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE ».¢ RECORD REVIEW
Eee. f NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN | vorHc | OTHER | DENY
Xx
Xx
x
Xx
Xx
ISSUES A94.55 INDEX NUMBER A67.10
A50.00 1_|ORDER APPOINTING THE BOARD
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
16 Jun 2011 FD-2009-00699

 

 

 

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.

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

    

   

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

    
 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00699

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 (Primary)
and Failure in the Fitness Program (Secondary)

Applicant contends discharge was inequitable based on paragraph 5.65 and Table 1.3 of AFI 36-3208,
Administrative Separation of Airmen, which states a member will receive an honorable discharge for failure
in the fitness program. Based on paragraph 5.66.2 of AFI 36-3208, the service of airmen discharged for not
meeting fitness standards will be characterized as honorable if the sole reason for separation is failure to
meet fitness standards. His failure in the fitness program was the secondary reason for his discharge. The
applicant’s primary reason for discharge was misconduct, specifically minor disciplinary infractions. The
records indicated the applicant received an Article 15, six Letters of Reprimand, and one Letter of
Counseling. His misconduct included failure to maintain dorm room standards, failed to turn in Fitness
Improvement Activity Log (AF Form 1475) (3x), failed fitness test (2x), signed AF Form 1475 in a area he
was not authorized to sign, made a false official statement, and failed to go to duty on time. 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.

Attachment:
Examiner's Brief
OMB No. 0704-0004

. \ APPLICATION FOR THE REVIEW OF DISCHARGE
: OMB Oe expires

“a FROM THE ARMED FORCES OF THE UNITED STATES
Ecard read instructions on Pages 3 and 4 BEFORE completing this — )

  
  

 
  

TE Tare to Eb nasoad Gel onreioe'g acd ieee ntheracner raemaica, Carel omeisem wien te bandon shina oy coher aerect & tioeaeciny of tdoneeior: ndidiny

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 faling 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 ADD S 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.
4. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

APPISEAUY EA Csr ns RPoo> Be ead. LENGE PRAT ON TYE MEORREATOR, >
[a BRANCH OF SERVICE Ovone) [TARY [ [MARNECORPS | [naw | X<[ARFORCE | [COASTGUARD |

NN E2Aimen  [
E-2/Airmen

 
       
 
   

 

3. UNIT AND LOGATIONAT DISCHARGE |__| BAD CONDUCT (Special court-martial only)

OR SEPARATION

 
 
   

  
 

pea) WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
The type of discharge is not authorized by the applicable paragraphs according to AFI 36-3208.

    
 

is FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

: OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Coniinue in item 14.
I military documents or medical records are relevent fo your case, please send copies.)

Table 1.3 Reasons and Authority for Involuntary Separation
Letter

| |? ae 7. Kite icable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)

 

x | CONDUCTA RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUGMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

    
 
 

 
 

i P AME (Last, First, Middle Initial} f°
(See Item 10 of the ata about counsel/representative.)

  
     

     

11. APPLICANT MUST SIGN IN ITEM 12.2. 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.

        
   
 
 
   

    

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)

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)

 
 
 

    
 
 

    

Db. FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE.
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Amy Review Boards Agency Naval Council of Personnel Boards
Supparibivision, St Louls 720 Kennon Street, S.E.

9700 Page Avenue

St. Louis, MO 63132-5200 room 308 (ORS)

(See hit fh larba. 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 (CG-122)

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

     

DD FORM 293, NOV 2006 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

“AFDRB BRIEF
COMPONENT:

NAME (Last. First. MN: DOCKET #
FD-2009-00699 USAF
TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
29 APR 09 HONORABLE

GENERAL ELMENDORF AFB, AK
FORMER: B. CURRENT DOR: C. TIME LOST:
AMN 27 FEB 09 NONE

15 NOV 87 19
DEP DT: ASVAB SCORES:

AFSC: 3P051 - SECURITY FORCES JOURNEYMAN

16 NOV 06
D. ART 15 / VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 LOR: 6 / LOC: 1 GCM: NONE NONE

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
13 MAR 07 - 12 NOV 08 ELMENDORF AFB 2 (INITIAL) REFERRAL :

G. AWARDS & DECS: AFOUA, NDSM, GWOTSM, AFTR

EAD: 13 MAR 07 DAS: 31 AUG 07 H. TMS: 2 YRS 5 MOS 14 DAS TAMS: 2 YRS 1 MOS 17 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: | ~ -| NPA/PA: NPA ~ BOARD REGION:

08 NOV 09 1IMAR11/JLL c
RECORDS : | MPR:‘NO- | ARMS: YES _ | ISSUES: YES ATTACHMENTS: YES

AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.49 (MISCONDUCT: MINOR DISCIPLINARY INFRACTIONS) PRIMARY & PARA
5.65 (FAILURE IN THE FITNESS PROGRAM) SECONDARY | 78 .

ART 15; VAG, SCM, SPMC; GCM; ADDITIONAL: —

     
  
   

             
   

 

 
  
    

  
      

 

 
    
 

    
  
  

DOB/ ENLMT AGE: DISCH AGE:

21

   

     
   

 
  
     
    

     
    
 
 

     
  

     

    
    
 
 

LOR: 16JAN08 - FAILED TO MAINTAIN DORM ROOM STANDARDS.

LOC: 30JUL08 FAILED TO FOLLOW INSTRUCTIONS TO TURN IN FITNESS IMPROVMENT ACTIVITY

LOG (AF FORM 1475)

FAILED TO TURN IN AF FORM 1475 & FAILED YOUR FITNESS TEST. --

FAILE DTO TURN IN AF FORM 1475.

LOR: 17NOV08 - FAILED TO MAINTAIN ACCEPTABLE PHYSICAL FITNESS READINESS.

LOR: 09FEB09 - SIGNED AF FORM 1475 IN A AREA YOU WERE NOT AUTHORIZED TO SIGN & MADE
A FALSE STATEMENT REGARDING YOUR AF FORM 1475.

ART 15: 27 FEB09 - (ART 86) FAILED TO GO TO DUTY ON TIME.

     

         

LOR: 25 AUG 08
LOR: 28SEP08

     
      
    

           
 
      

 

EXAMINER'S NOTE: NOTIFICATION MEMO, DATED 2 APR 09, PARA 2 CITES ADDITIONAL MISCONDUCT AS: MFR: TWICE
FAILED A PHYSICAL FITNESS TEST ON TWO SEPARATE DATES. MFR: 02 MAY 08 - FAILED A PHYSICAL FITNESS TEST.

  

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

) a FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires

ieee read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

en for # feck bon is estimated to average JU minutes per response, including the ime Tor reviewing instructions, Searching exis ia sources, gathaning
eaiatag toe Gans readied. ed ata ad reduen, tre colacaan of tier eaton: Gund Conmmeres warden fey burden veda or ary ether wopsct of Bis colecton of kiormetion: Kraut
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 it 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.

fa. BRANCH OF SERVICE (Cone) | [ARMY | [MARINE CORPS | [NAVY | [AIRFORCE | [COASTGUARD _

b. NAME (Last First, Middle inital) ¢. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
E-2/Airmen

ANT OR P

 
   
 
    

   
  
  

   

4, DISCHARGE CHARACTERIZATION RECEIVED (X one)| 5. BOARD ACTION REQUESTED (x one)
Cr a a 7 | RNase iron

Form 149)
|X| GENERALIUNDER HONORABLE CONDITIONS ——_—_—|
| 20090428 |_| UNDER OTHER THAN HONORABLE CONDITIONS |_—1 °otwegre; UNGHARAGTERIZEE
. UNIT AND LOCATION AT DISCHARGE | _ | BAD CONDUCT (Special court-martial only) |_| ee poke tor ar Frc)
OR SEPARATION juncnanacrenze
| 1Y 7 SEPARATION:

ee ee

moe). WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
Page 3.
The type of discharge is not authorized by the applicable paragraphs according to AFI 36-3208.

       
 
  
 

 

 
 

7. ae fh icable} AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
iS 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.
# military documents or medical records are relevant to your case, please send copies.)

Table 1.3 Reasons and Authority for Involuntary Separation
Letter

   

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. J ANDIOR (ounselteprnseriane) WILL NOT APPEAR BEFORE THE BOARD.

 
 
  
 

 
 

P AME (Last First. Middle Initial) AN
(See Item 10 of the instructions about counsel/representative.)

 
 
   
  

   

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

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

      
 

 
 

12. CERTIFICATION. I 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 tite or imprisoned not more than 5 years, or both)

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)

   

 

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. age 1 of 4 Pages
comboe: Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (If applicable)

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY . NAVY AND MARINE CORPS

Amy Review Boards Agency Naval Council of Personne! Boards
Support Division, St. Louis . 720 Kennon Street, S.E.
9700 Page Avenue Room 309 (NDRB)

os ne -Farba ary bertagon ini) Washington Navy Yard, DC 20374-5023

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard

SAF/MRBR Commandant (CG-122)

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

     

DD FORM 293, NOV 2006 Page 2 of 4 Pages
October 24, 2009

To Air Force Review Boards Agency,

I am writing to you in regards to my separation from the Air Force on April 28,
2009. I was discharged under AFI 36-3208, paragraphs 5.49 and 5.65. I was given an
Under Honorable Conditions (General) discharge. In AFI 36-3208, Table 1.3. Reasons

and Authority for Involuntary Separation, Paragraph 5.65 is designated as an Honorable
or Entry-level discharge. Given my length of time in the Air Force, an Entry-Level

discharge is not applicable. Though I was also discharged under 5.49 which does allow
for Under Honorable Conditions (General), this is incompatible with 5.65. The
notification memorandum specifically cites both paragraphs, not one or the other.

This means that by this regulation, the Air Force is obligated to give me an
Honorable discharge rather than an Under Honorable Conditions (General): In light of
this, I respectfully request that the Air Force fulfill its obligation spelled out in AFI 36-
3208 and upgrade my Under Honorable Conditions (General) to an Honorable discharge.

Respectfully, |
Cc D
DEPARTMENT OF THE AIR FORCE |
PACIFIC AIR FORCES
a
MEMORANDUM FOR AMN | 3. SFs
FROM: 3SFS/CC
SUBJECT: ? ‘Memorandum

 
    

1. Tamr our discharge from the United States Air Force for minor disciplinary
infractiot e fitness program. The atithority for this action is AFPD 36-32 and
AFI 36-3208, paragraphs 5,49 and 5.65. Ifiny recommendation is approved, your sérvice will be
characterizéd.as Honorable or Under Honorable Conditions (General), [ati recommending a

General service characterization.
2. My réasonss for thils.action ate:
a.) The following. misconduct has been considered for paragraph 5.49.

1. On3 F eb 09, you made a false official statement in regards to turning in your.
AF Form 1975 i in imély manner. In addition, you signed in the place of the Physical
Training Leader (PTL) knowing you wee not authorized to do so. For these offensés you

received a Letter of Reprimand (LOR); dated 9 F eb 09.

 

2. On or about 1 Nov 08 and on or about 31 Dec 08, without authority, Amn

failed to go at the tirtie prescribed to his appointed place of duty. For this offense, he received an
Article 15,-dated 27 Feb 09. The punishment consisted of a reduction to the grade of Airman and

15 days extra duty.

_ 3, On 28 Sep 08; you were derelict in the performance of your duties in that you ,
failed to turn in your AF Form 1975s as directed by your supervisor, For this offense you
received a LOR, dated 29 Sep 08.

4, On 25 Aug 08, you were derelict in the performance of your duties in that you
failed to turn in your AF Form 1975s. In addition, you failed to abide by the rules set forth by
the fitness program to work out for a minimum of 1 hour and have a PTL sign as proof of your
actions. For these offenses, you received an LOR, dated 25 Aug 08.

5, On 30 Jul 08, you were derelict in the performance of your duties in that you failed
to turn in your AF Form 1975s for three months. For this offense, you received a Letter of |
Counseling (LOC), dated 30 Jul 08.

\
‘
© oO

6. On 16 Jan 08, you 1 failed to obey a lawful order and failed to maintain government

| ‘quarters by failing to keep your domtitory room up to proper standards and living conditions.

C

.- with a 24.55.

For these offensés, you received an LOR, dated 16 Jan 08.
b) The following fitness failures have been considered for paragraph 5.65.

1. On 29 Jani 09, you failed your physical fitness test by scoring in the poor category
with a 59.25.

2, On 29 Oét'08, you 1 failed your ur physical fitness test by scoring in the poor category
with a 45.25.

3, On or about 6 Nov 08 you received an LOR for failing to maintain acceptable
physical fitness readitiess since Apr 07. This document was used to establish an Unfavorable

Information File (UIF), dated 17 Nov 08.

4, On:31 Jul 08, you failed your physical fitness test st by scoring in the poor category
with a 18.35. For this failure you récéived an-LOR, dated 25 Aug 08.

5. On 2 May 08, you failed your physical fitness test by scoring in the poor category ©

3. Copies of the docuthents to be forwarded to the separation authority i in support of this
recommendation are attached. The commander exercising SPCM jutisdiction or a higher
authority will decide whether you are discharged or retained in the Air Force. 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 récoupment.

4, You Have the. tight. to consult legal counsel. Military legal, counsel has been obtained to assist
you. | have made an appointment for you to consult, the Area Defense Counsel Capt

_ 552-3887, at Bldg 10480, Rif 330 on _3 Asc g9__ at_ll 00 . 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 within three duty days after the date of this letter

. unless you request and receive an extension for good cause shown. I will forward any statements

 

you provide 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 medical examinations. You must report, with your medical

records, to the 3rd Aerospace Medicine Squadron, Bldg 8497, at OF4O on _BAnc 09
for your first exam, at which time you will be notified of the time for your second exam. Please

bring Medical Assessment Form (AF Form 2697) for your appointment. You are to refrain.from
© 9

alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours, prior to
examination. Bring eyeglasses (and contact solution if using contacts) if applicable. You must

be in uniform for these examinations.

8. You have been scheduled for a Transition Assistancé Program briefing. You must report to -
the Family Support Center at__ 1500 on 3A pe 24. You must be in uniform for all
appointments. :

- 9. 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 http://www.e-publishing.af.mil/.

USAF

7 Attachments:

AF Forin 3070, 27 Feb 09, w/ attchs
Letter of Reprimand, dtd 9 Feb 09
AF IMT 1058, 23 Dec 08, w/ attchs
AF IMT 1058, 17 Nov 08, w/ attchs
LOC, 30-Jul 08

LOR, 16 Jan 08

Fitness Documents

1.
2.
3.
4,
5,
6.
i.
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

WPA 13 009

MEMORANDUM FOR 3 WG/CC

FROM: 3 WGA — :

SUBJECT: Legal Review - Administrative Discharge, Amr _ 5
3 SFS :

1, LtCol 3 SFS/CC, recommeiids that Amn be involuntaiily

separated froiti the Ait Force with an Under Honorable Conditions (General) Service
charactetization;. pursuant to AFI 36-3208, paragraphs 5.49 and 5.65, specifically, minor
disciplinary infractions ard failure in the fitness program. The reasons set forth i in the
Commander’s Récommiendation for Discharge Letter, with accompanying docuinientation, are
legally sufficient to support discharge action under these provisions of the instruction. Prior to
final discharge, Amn will be medically cleared for separation.

 
 

 

2. FACTS: The discharge i is based upon events occurring during Amn current
enlistment, which began on 13 Mar 07, and are detailed below:

a. The following misconduct has beén considered for paragraph 5.49.

1. On 3 Feb 09, Amin made a false official statement in regards to turning in

his AF Forti 1975 in 4 titnely matiner. In addition, Amn signed in the place of the
Physical Training Leadet (PTL) knowing he was not authorized to do so. For thesé offensés

he received a Letter of Reprimand (LOR), dated 9 Feb 09.

2. On or about 1 Nov 08 and on or about 31 Dec 08, without authority, Amn

failed to go at the time ptescribed to his appointed place of duty. For this offense, he received
an Article 15, dated 27 Feb 09, The punishment consisted of a reduction to the grade of

Airman and 15 days extra duty.

3. On 28 Sep 08, Amn was derelict in the performance of his duties in that
he failed to turn in his AF Form 1975s as directed by his supervisor. For this offense he received
an LOR, dated 29 Sep 08. This document was placed in the member’s already existing UIF. .

4. On 25 Aug 08, Amn was derelict in the performance of his duties in that
’ he failed to turn in his AF Form 1975s. In addition, he failed to abide by the rules set forth by
the fitness program to work out for a minimum of 1 hour and have a PTL sign as proof of his

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
( (

© Oo

actions. For these offenses, he received an LOR, dated 25 Aug 08. This document was placed in
the member’s already existing UIF. -

5. On 30 Jul 08, Amn was derelict in the performance of his duties in that he
failed to turn in his AF Form 1975s for three months. For this offense, he received a Letter of
Counseling (LOC), dated 30 Jul 08.

6. On 16 Jan 08, Amn failed to obey a lawful order and failed to maintain
government quarters by failing to keep his dormitory room up to proper standards and living’
conditions. For these offenses, he received an LOR, dated 16 Jan 08.

b, The following fitness failures and documéntation have been consideréd for paragraph
5.65.

1, On 29 Jan 09, Amn failed his physical fitness test by scoring in the poor
category with a 59.25.
2. On or about 6 Nov 08 Amn received an LOR for failing to maintain

acceptable physical fitness readiness since April 2007. This document was used to establish a
Unfavorable Infottnation File (UIF), dated 17 Nov 08

3. On 29 Oct. 08, Amn failed his physical fitness test by scoring in the poor
category with a 45.25.
4, On31 Jul 08, Amn failed his physical fitness test by scoring in the poor

category with a 18. 35. He received an LOR, dated 25 Aug 08. This document was placed in the
member’s already existing UIF.

5. On2 May 08, Amn failed his physical fitness test by scoring in the poor
category with a 24.55.

3. OTHER MATTERS: N/A

4. MEMBER’S RESPONSE: Amn consulted counsel, and on 6 Apr 09 waived his
right to submit matters for your consideration.

5. ANALYSIS:

a. Appropriateness of Discharge. Pursuant to AFI 36-3208, paragraph 5.49, an Airman is
subject to discharge for minor disciplinary infractions when the Airman fails to comply with

non-punitive regulations or commits minor offenses under the UCMJ. Amn has
committed several disciplinary infractions, to include, making false official statements, failing to
report to duty on time, failing to turn in the proper documentation concerning his physical °
fitness, and failing to keep his government quarters up to standards. Furthermore, according to
AFI 10-248, paragraph 8.2.6, commanders will make a discharge or reténtion recommendation to
the Installation Commander when an individual remains in the poor fitness category for a

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
| o

continuous 12-month period or receives four poor fitness assessments in a 24-month period.
Amn has failed his physical fitness test four times within a 10 month period. He was
enrolled in the Fimess Improvement Program and the Body Composition Improvement Program.
Amn récéived multiple administrative correction tools for motivation, but his failure to

put forth the effort and inability to achieve a passing physical fitness test score is grounds for
administrative separation.

b. Characterization of Service, Pursuant to AFI 36-3208, paragraph 1.18, a general service
charactetization is warranted if an Airmian’s service has been honest and faithful, but significant
négative aspects of the Airman’s conduct or performance of duty outweigh the Positive aspects.
An honorable service characterization is warranted if the quality of the Airman's service
generally has met Air Force standards of acceptable conduct and performance of duty or when

’ the Airman's service is otherwise so meritorious that any other characterization would be
inappropriate. In this casé, Amn has récéived one Article 15, six LORs, one LOC, and
establishment of an Unfavorable Information File (UIF). In addition, AFI 36-3208, paragraph
5.66.2; the service of Airmen discharged for not testing fitness staitidards will be characterized
as hotidtable if the sole reason for separation is the failure to meet fitness standards. In this case,
there is an additional basis for discharge aside from his failure to méet fitness standards.
Therefore, othér service characterizations are authorized. His actions, specifically the nature of
his misconduct, represent significant negative aspects of conduct aiid performance that outweigh
the positive aspects of his Air Force service. Amn service has not been honorable;

therefore, a general characterization is warranted.

 

c. Probation and Rehabilitation (P&R). Pursuant to AFI 36-3208, Chapter 7, P&R should be
allowed for Airmen. who have demonstrated a potential to serve satisfactorily, have the capacity

to be rehabilitated, and whose retention on active duty in a probationary status is consistent with
the maintenatice of good order and disciplirie in the Air Force. Actual and measured success

requires the effort and dedication of the individual. Amn has been provided ample

opportunity and time to pass his physical fitnéss test and correct his subpar behavior, but has

failedto do so. Amn has failéd four fitness tests in the past 10 months. Lt Col

does tot believe expending further resources toward retaining Amn will prove
successful in helping him reach Air Force standards. Lt Col is opposed to P&R and I

concur with his recommendation. However, if after reviewing this package, you aré convinced
’ that Amn has the potential to meet standards, P&R for 6-12 months would be a

preferable option to either retention or an honorable characterization.

6. OPTIONS: You may take one of the following actions in this case:

a, Direct this action be discontinued and Amn be retained, or;

 

b. Forward this case file to the 11 AF/CC if you believe Amn should be separated
from the Air Force with an honorable service characterization, with or without P&R;

 

c. Direct Amn be separated from the Air Force with an under honorable conditions

(general) service characterization, with or without P&R.

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
© 9

d. Direct Amn case be processed under Chapter 6, Section C (Board Hearing), if
you determine Amn ' misconduct may warrant an under other than honorable

 

conditions (UOTHC) service characterization.

7. RECOMMENDATION: I recommend separating Amn from the Air Force,
pursuant to AFI 36-3208, paragraphs 5.49 arid 5.65, for minor disciplinary infractions and failure —
in the fitness prograrh with an Under Honorable Conditions (General) service characterization

without P&R.

USAF
Chief, Military Justice
I concur.
USAR_
Olail Juage AQVOCAIC .
Attachment:
Case File (Amn )

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.