AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FDO -o~oo4 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable. 

The applicant was schedule for a personal appearance hearing before the Discharge Review Board in 
Washington, D.C. on 15 March 2001 but did not respond to formal notification of the hearing and failed to 
appear without requesting a postponement. 

The attached brief contains the available pertinent data on the applicant and the factors leading to the 
discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity 
or impropriety, which would justify a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issues 1, & 2 are similar in nature both dealing with alleged mistreatment by his supervisor and will be 
addressed jointly.  The applicant contents that he the reason for his discharge was because of mistreatment 
by his supervisor.  The Board reviewed the record to find an inordinate amount of incidences of misconduct 
by the applicant.  He received two Letters of Counseling, one for reporting late to work and another for 
failing to attend a scheduled appointment at the firing range.  He had two Letters of Reprimand, one for 
failing to report for duty and needing a shave and another for being late to duty for a fourth time.  In 
addition, the applicant received two Article 15s and a vacation for consuming alcohol while underage, 
failing to report to his place of duty, and improper clearing of his weapon.  The record revealed no 
mistreatment by his supervision.  The DRB opined that through these administrative actions, the applicant 
had ample opportunities to change his negative behavior.  The many offenses of the applicant, although 
minor in nature when analyzed individually, amounted to an overall serious problem that could not be 
tolerated. The Board concluded that the character and reason for discharge were appropriate due to his 
misconduct. 

The Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of 
discharge. 

CONCLUSIONS:  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 that the applicant was provided full administrative due process. 

In view of the foregoing findings the board hrther concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AEB,  MD 

E'D-01-00004 

(Former AB) MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/10/19 UP AFI 36-3208, 
para 5.50.2  (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 80/11/27.  Enlmt Age: 18 3/12.  Disch Age: 19 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-35,  E-70,  G-84,  M-48. PAFSC: 3P031 -  Security Forces. 
DAS: 99/12/19. 

b.  Prior Sv: AFRes 99/03/08 -  99/07/20 ( 4   months 13 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enld as AB 99/07/21 €or 4 yrs.  Svd: 1 Yrs 2 Mo 29 Das, all AMs. 
b.  Grade Status:  AB -  00/07/10 (Article 15, Vacation, 00/08/23) 

AMN  -  Unknown 

c.  Time Lost:  none. 

d.  Art 1 5 ' s :  

(1.). 00/08/23, Vacation, Wright-Patterson AFB, OH - Article 
86.  You, did, o/a 27 Jul 00, w/o  auth, fail to go  at 
the time prescribed to your appointed place of duty. 
Article 134.  You, did, o/a 26 Jul 00,unlawfully consume 
liquor in violation of the Ohio Revised Code Section 
4301.632, to wit: while under 21 years of age you 
knowingly consumed intoxicating liquor without any legal 
authorization to do so, which conduct was of a nature to 
bring discredit upon the Armed Forces.  Rdn to AB. 
(No appeal) (No mitigation) 

- ( 2 )   00/07/10, Wright-Patterson AFB, OH - Article 86.  Youl 

did, o/a 5 Jun 00, w/o auth, fail to go at the time 
prescribed to your appointed place of duty.  Article 86. 
You did, o/a  13 Jun 00,  w/o auth, fail to go at the time 
prescribed to your appointed place of duty.  Rdn to AB 
(susp til 9 Jan Ol), 7 days restriction, and 7 days 
extra duty.  (Appeal/Denied) (No mitigation) 

(3) 99/11/24, Lackland AFB,- TX  -  Article 92.  You, did, ofa 
01 Oct 99, violate a lawful general regulation, to wit: 
AFI 31-207, para 2.13.6, by improperly clearing your 
weapon.  Forfeiture of $207.00 pay, and 14 days 

restriction 

(No appeal)  (No mitigation) 

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FD01-00004 

e.  Additional: LOC, 11 MAR 00 

-  Late for work. 

LOC, 05 APR 00 -  Missed appointment. 
LOR, 22 MAY 00 -  Fail to go 6 dress and appearance 

LOR, 31 MAY 00  -  Late for work. 

violation. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Wright-Patterson AFB) 

h .   Awards &  Decs:  AFTR, SAEMR W/BS. 
i.  Stmt of Sv:  TMS:  (1) Yrs  (7) Mos  (12) Das 
TAMS:  (1) Yrs  (2) Mos  (29) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 0 0 / 1 1 / 0 1 .  

(Change Discharge to Honorable) 

Issue 1:  I believe the reason for discharge was because of.my supervisor. 

Issue 2:  Supervisor mistreatment. 

ATCH 
1.  DD Form 214. 

01/01/02/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADOUARTERS, BETH AIR BASE WING (AFYC) 
WRIGHT-PATTERSON  AIR  FORCE BASE, OHIO 

MEMORANDUM FOR 88 ABWICV 

FROM:  88 ABWIJA 

36-3208, para 5.50:2- 

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1.  I reviewed and found legally sufficient the attached AFI 36-3208 discharge package, 
contingent upon the inclusion of a medical report clearing the respondent for separation.  The 
respondent was advised of his right to consult with legal counsel and to submit matters for your 
sel, the respondent chose not to submit 
consideration prior to action. 
ligible for separation according to AFI 
matters for your considerati 
onduct (Conduct Prejudicial to Good 
36-3208, paragraph 5.50.2, 
Order and Discipline).  I recommend the respondent be separated from the Air Force with an 
under honorable conditions (general) discharge. 

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2.  BACKGROUND:  88 SFSKCQ recommends 
according to AFI 36-3208, paragraph 5.50.2, Misc 
Prejudicial to Good Order and Discipline).  The reasons supporting this recommendation are set 
forth below and the documentaryevidence is contained at tab 3 (atch 1): 

separated 
ct (Conduct 

a.  On or about 1 October 1999 AB -iolated 

a lawfbl general regulation, AFI 31-207, 

paragraFh 2.13.6, by improperly clearing h s  weapon.  As a result of this misconduct, 
received nonjudicial punishment on 24 November 1999. His punishment was a forfeiture of 
$207 pay and restriction to Lackland AkB for 14 days. 

b.  On or about 11 March 200 

led to report to work on time.  For this 

misconduct, he received a letter of counseling dated 11 March 2000. 

c.  On or about 4 April 200 

iled to attend his scheduled appointment at the firing 

range.  For this misconduct, he received a letter of counseling dated 5 April 2000. 

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d.  On or about 18 May 200 

report, AB 
misconduc 

iled to report to work on time and when he did 
f AFI 36-2903, Dress and Appearance.  For this 

eceived a letter of reprimand dated 22 May 2000. 

e.  On or about 27 May 200 

iled to report to work on time.  For this misconduct, 

he received a letter of reprimand dated 3 1 May 2000. 

f.  On or about 5 June 2000 and on or about 13 June 20 
prescribed place of appointed duty.  A$ a result of this mis 
nonjudicial punishment on 5 July 2000.  His punishment 
of airman basic, 7 days of extra duty and restriction to Wright-Patterson AFB for 7 days.  The 
nonjudicial punishment was subsequently placed in an unfavorable information file. 

g.  On or about 26 July 20 

nlawhlly consumed alcohol while under the age of 

21 in violation of the Ohio Revised Code 4301.632 and on or about 27 July 2000 he failed to 
report to his prescribed place of appointed duty.  This misconduct resulted in a vacation - of his 
previously suspended reduction to the grade of airman basic. 

3.  ANALYSIS: 

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a.  A discharge for Conduct Prejudicial to Good Order and Discipline includes conduct of a 

nature that tends to disrupt order, discipline, or morale within the military community as well as 
conduct that tends to bring discredit on the Air Force in the view of the civilian community. The 
misconduct usually involves causing dissent, disruption, and degradation of mission 
effectiveness.  The conduct o 
and underage drinking, tends to bring discredit on the Air Force in the view of the civilian 
community and can disrupt order and discipline within the military.  These facts establish a basis 
for discharge for Conduct Prejudicial to Good Order and Discipline. 

in repeatedly failing to report for duty, weapon misuse 

determine that the allegations against the respondent support discharge and that 
hould be discharged, you must decide whether or not his discharge should be 
suspended for a period of probation and rehabilitation (P&R).  P&R is appropriate when it 
appears that the affected airman can change his pattern of behavior and when retention on active 
duty in a probationary status is consistent with the maintenance of good order and discipline in 
the Air Force.  In support of the recommendation to deny probation and rehabilitation, 
88 SFS/CCQ advised 
were taken to rehabilit 
standards.  These me 
punishment on two separate occasions and a vacation action. Thes 
short-term positive results but overall proved ineffective to chan 
behavior.  I concur with the recommendation to deny P&R  The 

mending this discharge, numerous and varied measures 
nd to bring his conduct into conformity with Air Force 
vera1 letters of counseling and reprimand, nonjudicial 

nsideration of the 
ion, and in accordance with AFI 36-3208, Chapter 7, the immediate separation of 
the best interest of the Air Force. 

c.  If you determine that the respondent should be discharged, you must also determine how to 

characterize the respondent’s service during his current enlistment.  Pursuant to AFI 36-3208, 
paragraph 5.48, the service of an airman discharged under paragraph 5.50.2, Pattern of 
Misconduct (Conduct Prejudicial to Good Order and Discipline) shall be characterized pursuant 
to Chapter 1, section B.  According to paragraph 1.18 of that section, an airman’s service should 
be characterized as general when significant negative aspects of the airman’s conduct or 
performance of duty outweigh positive aspects of the airman’s military record.  In determining 
the appropriate characterization, the reasons for discharge should be viewed in the context of the 
current period of enlistment.  Here, despite rehabilitative efforts, 
as continually failed 

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to conform his performance and conduct to Air Force standards.  Instead his service includes 
repeatedly failing to report for duty, weapon misuse and underage drinking.  These significant 
s outweigh the positive aspects of his record.  Therefore, it is recommended that 
ice be characterized as under honorable conditions (general). 

d.  The respondent has submitted a package (tab 3, atch 3) in response to this discharge action. 

Please review the package and consider it prior to making your decision regarding this action. 

4.  88 ABW/CV OPTIONS:  As separation authority you are empowered to: 

a.  Retain the respondent; 

b.  Discharge the respondent for Misconduct - Pattern of Misconduct (Conduct Prejudicial to 

Good Order and Discipline) (AFI 36-3208, paragraph 5.50.2),  with an under honorable 
conditions (general) discharge, with or without probation and rehabilitation; 

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c.  Refer this case to 88 ABW/CC with a recommendation that the respondent be discharged 
with an honorable discharge.  Under MI 36-3208, paragraph 5.48.4, the general court-martial 
convening authority must approve an honorable service characterization when the basis of the 
discharge is under AFI 36-3208, Section H, Misconduct.  The discharge basis in this case is 
paragraph 5.50.2, a paragraph falling under Section H; or, 

d.  Return the package to the unit for hrther processing. 

5.  RECOMMENDATION: 1 recommend that the respondent be separated fiom the Air Force 
with an under honorable conditions (general) discharge under AFI 36-3208, Chapter 5 , ~  Section 
H, paragraph 5.50.2, Misconduct - Pattern of Misconduct (Conduct Prejudicial to Good Order 
and Discipline). If you concur, please sign the attached letter at tab 1. 

I concur. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS,  88TH AIR BASE WING (AFMC) 
WRIGHT-PATTERSON AIR FORCE BASE, OHIO 

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MEMORANDUM FOR 

FROM:  88 SFSKC 

SUBJECT: Notification Memorandum 

%? 

! 

'0 OCT 

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1.  I am recommending your discharge from the United States Air Force for Misconduct - Pattern 
of Misconduct (Conduct Prejudicial to Good Order and Discipline).  The authority for this action 
is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  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: 

a.  On or about 1 October 1999 you violated a 1awM general regulation, AFI 31-207, 

paragraph 2.13.6, by improperly clearing your weapon.  As a result of this misconduct you 
received nonjudicial punishment on 24 November 1999. Your punishment was forfeiture of 
$207 pay and restriction to Lackland. AFB for 14 days. 

b.  On or about 11 March 2000 you failed to report to work on time.  For this misconduct you 

received a letter of counseling dated 11 March 2000. 

c.  On or about 4 April 2000 you failed to attend your scheduled appointment at the firing 

range.  For this misconduct you received a letter of counseling dated 5 April 2000. 

d.  On or about 18 May 2000 you failed to report to work on time and when you did report 

you failed to shave in violation of AFI 36-2903, Dress and Appearance.  For this misconduct you 
received a letter of reprimand dated 22 May 2000. 

f.  On or about 5 June 2000 and on or about 13 June 2000 you failed to report to your 

prescribed place of appointed duty.  As a result of this misconduct you received nonjudicial 
punishment on 5 July 2000.  Your punishment was a suspended reduction to the grade of airman 
basic, 7 days of extra duty and restriction to Wri@t-Patterson AFB for 7 days.  The nonjudicial 
punishment was subsequently placed in an unfavorable hformation file. 

5F 

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s7- 

e.  On orgbout 27 May 2000 you failed to report to work on time.  For this miseoiduct 

you 

received a letter of reprimand dated 3 1 May 2000. 

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g.  On or about 26 July 2000 you unlawfully consumed alcohol while under the age of 2 1 in 
violation of the Ohio Revised Code 4301.632 and on or about 27 July 2000 you failed to report 
to your prescribed place of appointed duty.  This misconduct resulted in a vacation of F u r  
previously suspended reduction to the grade of airman basic. 

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 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 f h d s  may 
be subject to recoupment. 

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4.  You have the right to consult counsel.  M 
I have made an appointment for you to co 
office, Building 199, Kittyhawk Area, Wn 
at 1000.  YOU may consult civilian counsel at your o h  expense. 

been obtained to assist you. 

a Defense Counsel's 
257-7841, on 20 Oct 00 

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 3 working days of your receipt of this 
letter, unless you request and receive an extension for good cause shown.  I will send your 
statements 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 the 74th Medical 
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, at 0350 on 
I 1  0 t og  .for the examination. 

8.  Any personal information you fhnish in rebuttal is covered by the Privacy Act of 1974, A 
copy of AFI 36-3208 is available for your use in the orderly room. 

__. -- 

G a n d e r  

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Attachments: 
1.  Article 14;-24 Nov 99 
2.  Letter of Counseling, 11 Mar 00 
3.  Letter of Counseling, 5  Apr 00 
4.  Letter of Reprimand, 22 May 00 
5.  Letter of Reprimand, 31 May 00 
6.  Article 15, 10 Jul 00 
7.  Vacation of Art 15,23 Aug 00 
8.  UIFSummary