AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-O 1-00008 

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

f i e  applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined 
:o exercise this right. 

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

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FINDINGS:  Upgrade of discharge is denied. 

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The DRB finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
md after a thorough review of the record, the Board was able to identify none.  The records indicated the 
3pplicant was convicted by  special court-martial for conspiracy to commit larceny; 1arcenEforgery; and 
making, drawing or uttering checks, drafts or orders without sufficient funds.  The Board concluded the 
misconduct  was  a  significant  departure  from  conduct  expected  of  all  military  members.  The 
:haracterization  of the discharge received by the applicant was found to be appropriate. 

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. 

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In view of the foregoing findings the Board further 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 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

ED-01-00008 

(Former AB) MISSING DOCUMENTS 

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1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/05/12 UP AFI 36-3208, 
para 5.52  (Commissions of a Serious Offense).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

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a. DOB: 79/12/26.  Enlmt Age: 18 0/12.  Disch Age: 19 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-79,  E-77,  G-70,  M-70. PAFSC: 2T231 -  Air Transportation 
Apprentice. DAS: 98/05/30. 

b.  Prior Sv: AFRes 97/12/29 -  98/01/27 (29 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB-98/01/28 for 4 yrs.  Svd: 1 Yrs 3 Mo 15 Das, all AMs. 
b.  Grade Status:  AB -  98/12/31 (SPCMO #11,  98/12/31) 
c.  Time Lost:  (Examiner's Note: In accordance with Special Courts Martial 
Order No.11,  applicant was sentenced to 6 months confinement.  However, although 
AF Form 2098, Duty Status Change shows that the applicant was sent to confinement 
on 5 Dec 98, there is nothing to -show when confinement was completed.  Therefore, 
we do not know how much time lost should be applied). 

d.  Art 15's:  none. 

e.  Additional: LOR, 98/07/31 -  Failure to obey a lawful order and 

dereliction to duty. 

f.  CM:  Special Court Martial No.11  -  98 Dec 31 

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Charge I: Article 81. 
Specification:  Did, o/a 15 Sep 98, conspire with Amn -------  to 
commit larceny of money, a value of $300.00.  Plea: Guilty 
excepting the word "larceny", substituting the words "wrongful 
bfrpropriation:; of the excepted word Not Guilty; of=-&!PR- 
substituted words Guilty.  Finding: Guilty  (of the charged offense 
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of conspiracy to commit larceny). 

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Charge 11: Article 121. 
Specification:  Did, o/a 15 Sep 98, steal money, of a value of 
$300.00, the property of Amn -------.  Plea: Guilty, excepting the 
word "steal", substituting the words "wrongfully appropriate"; of 
the excepted word Not Guilty; of the substituted words Guilty. 
Finding: Guilty  (of  the charged offense of larceny). 

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Dol-00008 

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Charge 111: Article 123. 
Specification:  Did, o/a 15 Sep 98, with intent to defraud, 
falsely make in its entirety a certain check in the amount of 
$300.00, and signed -------- .  Plea: Guilty.  Finding: _ .  Guilty. 
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Charge IV:  Article 123a. 
Specification:  Did, on divers occasions between o/a about 12 Aug 
98 and o/a 10 Sep 98, with intent to defraud and for the 
procurement of lawful currency, wrongfully and unlawfully make and 
utter certain checks in the amount of $1,633.00, then known that 
he did not or would not have sufficient funds.  Plea: Not Guilty. 
Finding: Guilty.  Sentence: adjudged on 04 Dec 98: Confinement f o r  
6 months, reduction to airman basic, and forfeiture of $400.00 pay 
per month for 6 months. 

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g.  Record of SV: none. 

(Discharged from Luke AFB) 

h.  Awards  ti  Decs:  AFTR. 

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i.  Stmt of Sv:  TMS:  (1) Yrs  (4) Mos  (14) Das 
TAMS:  (1) Yrs  ( 3 )  Mos  (15) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 00/11/20. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

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ATCH 
none. 

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01/01/04/ia 

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DEPAKTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

t D o / -   oel-a Y 

MEMORANDUM FOR  18 WG/CC 

29 Apr 99 

_ -  FROM:  18WGLL4 
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SUBJECT:  Legal Review - Administrative Discharge 
633 AMSS (PACAF), Kadena AB, Japan 

3  AMSS/CCQ,  initiated this  administrative discharge action 
ommission  of  a  Serious  Offense.  The  authority  for  her 
recommendation  is  AFPD  36-32  and  AFI  36-3208,  paragraph  5.52.  The  initiating commander has 
recommended an under honorable conditions (general) discharge without probation and rehabilitation. 

2.  GOVERNMENTS EVIDENCE:  On 4  Dec 98, 
as convicted by special court-martial 
for violating UCMJ Article 81, conspiracy to commit larceny; UCMJ  Article 121, larceny; UCMJ Article 
123,  forgery; and  UCMJ  Article  123% making, drawing, or  uttering checks,  drafts or orders without 
sufficient funds.  Punishment consisted  of confinement for 6  months, reduction to  Airman  Basic, and 
forfeiture of $400.00 pay per month for 6 months (Tab 1 -1). 

3.  RESPONDENTS EVIDENCE: 

a.  The respondent, a  19-year old airman, originally enlisted 28 Jan 98.  His AQE  scores are A-79, 
E-77, G-70, M-70.  The  airman  is  entitled  to  wear  the  medals,  awards  and  ribbons outlined  in  the 
commander’s recommendation. 

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b.  The respondent  consulted military  defense counsel  and  elected to  waive  his  right  to  submit a 

statement in response to this discharge action. 

4.  ERRORS OR IRREGULARITIES:  None noted. 

5.  DISCUSSION: 

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a.  AFI  36-3208,  paragraph  5.52, authorizes the  involuntary separation  of  airmen  who  commit a 
serious offense.>e 
instruction characterizes misconduct as a serious offense if the MCM authorizes a 
punitive discharge for the same or a closely related offense under the MCM.  With  respect to enlisted 
personnel,  R.C.M.  1003(b)(9)(B) and  (C)  lis 
e  punitive  discharges as  dishonorable 
listment, he  was convi 
discharge and  baQonduct  discharge.  Durin 
court martial for violating UCMJ Article 8 1, 
it larceny; UCMJ Article 
UCMJ  Article  123, forgery;  and  UCMJ  Artick-+23a;-md&rg, drawing, or  uttering  checks-;-dra&  or 
orders without sufficient funds.  The MCM  authorizes a punitive discharge for each of the offenses on 
whic-was 
found guilty.  Because a punitive discharge was authorized for each offense, the 
offenses may be described as “serious” within the meaning of the instruction.  Having committed serious 
no  longer suited  for continued  service  in  the  United  States Air  Force.  His 
offenses,- 
misconduct satisfies the requirements of the  instruction, which thereby justifies  his discharge from the 
United States Air Force. 

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b.  Characterization of service as under honorable conditions (general) is appropriate when significant 
negative  aspects  of  an airman’s conduct  outweigh the  positive  aspects  of  his  military  record.  AB 
ly outweighs any of the positive aspects of his brief military 
ervice as under honorable conditions (general) is therefore 

appropriate. 

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c.  I concur with 633 AMSSICCQ that probation and rehabilitation is not appropriate for 

AccordingSe-AFE336-3208, paragraph 7.2.3,  favorable consideration for probation and rehabi 

-- -  AB- 

hemember’s  potential  for  rehabilitation  and  for  further useful  militqservice. 
= 
=&duct 

involved crimes in the nature of crimenfulsi, i.e.,  crimes of dishopesty.  His 
to engage in dishonest acts diminishes his capacity to be a usell member of the United States 
onesty is essential to the trust that binds a unit and facilitates mission accomplishment.  AB 
ontinued presence in  the military would  undermine unit  cohesiveness and thereby  hinder 

mission accomplishment. Probation and rehabilitation is therefore not a reasonable optiorrin this case. 

6. OPTIONS:  As special court-martial convening authority, you may: 

a.  Retain AB 

if you consider discharge unwarranted, 

b.  Direct  an  under  honorable  conditions  (general)  discharge  with  or  without  probation  and 

rehabilitation; or 

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rehabilitation. 

c.  Recommend  that  5  AF/CC  direct  an  honorable  discharge  with  or  without  probation  and 

d.  Convene an administrative discharge board for the purpose of determining whether AB 

merits an Under Other Than Honorable Conditions (UOTHC) discharge.’ 

7. RECOMMENDATION: 

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I  recommend that you direct an under honorable conditions (general) discharge without probation and 
rehabilitation by signing the attached memorandum. 

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’ If a board of members recommends a UOTHC discharge or the respondent unconditionally waives his right to a 
board convened for the purpose of deciding whether a UOTHC discharge is warranted, then the recommendation or 
unconditional waiver would heed to be forwarded to the Secretary of the Air Force for final action. 

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I st Ind,  18 WG/JA 
MEMORANDUM FOR 18 WGKC 

I concur/-ith 

this recornmen 

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Staff Judge A

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This legal opinion is a privileged document and is provided for command use only.  It should not be 
released to the public in geneal or to the subject of this review in par&ular. 

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DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

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FDc,/-  L

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APR  1 9  1999 

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MEM0RANDUh.I FO 

SUBJECT: Noti&tion  Memorandum 

1.  I am recommending your discharge From  the United States Air Force for a Commission of a S a . w s  
Offense.  The  authoAty  for  this  action  is  AFPD ‘36-32 and AFI  36-3208,  paragraph  5.52. 
If  my 
I  am 
recommendation is approved, your  service will  be  characterized as either honorable or general. 
recommending that your service be characterized as general. 

2.  My specific reasons for this action are:  On or about 4 Dec 98,, you were convicted by special court- 
martial for violating UCMJ Article 81, conspiracy to commit larceny; UCMJ Article  12 I,  larceny; UCMJ 
Article  123, forgery;  and  UCMJ Article  123% making,  drawing,  or  uttering  checks,  drafts or  orders 
without sufficient funds.  Punishment consisted of confinement for 6 months, reduction to Airman Basic, 
and forfeiture of $400.00 pay per month for 6 months (Tab 1-1). 

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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. 

3.  You have the right to consult coun 
made an appointment for you to cons 

Building  1460 on $8  9 99  at 

expense. 

el has been obtained to assist you. I  have 
at the Area Defense Counsel Office at 
consult civilian counsel at your  own 

authority to consider must reach me by  d3 e 99 

4.  You have the right to submit statements in your own  behalf. Any statements you want the separation 
unless you request and receive an extension for 

good cause shown.  I will send them to the separation authority. 

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5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will constitute a 
waiver of yauuight to do so. 

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6. You  have been  scheduled for a medical examination.  You  must report to the Physical  Examination 
99 for the examination. 
Section, 1 8 t R ~ i c a l  Group, Kadena AB, Japan at  e930 &. on 

30  -3- 

7.  The Privacy Act Statement of 1974 covers;ut5.-infomation 
of  AFI 36-3208,  is available for your use at the Area Defense Counsel’s office. 

you  furnish in  rebuttal. 

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-  A copy 

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

APR  1 9  1999 

Attachments: 
1.  Special Court-Martial Order No. 1 1 
2.  Airman’s Receipt of Notification Memorandum 

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