AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD41-00010 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

The attached brief contains amilable pertinent data on the applicant and the factors leading to the discharge. 
FINDINGS: Upgrade of discharge is denied. 

The Board  finds that  neither  the  evidence  of record  or that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify a change of the discharge. 

Issues.  Applicant  was discharged for misconduct,  minor disciplinaiy  infractions.  He had  five  Letters of 
Reprimand,  and two Articles  15.  He also had  an Unfavorable Information File and  referral  “2” Enlisted 
Performance Report.  His misconduct included multiple incidents of disobeying lawful orders, an assault on 
his wife, writing bad  checks, and  failure to pay just  debts.  In member’s reply to the discharge action  he 
requested  retention and contended all  of his misconduct  was related  to his marital  problems,  and  that  his 
unit was not understanding of or helpful regarding his situatiofi.  The Board noted that all of his incidents of 
misconduct occurred during the period November 1994 to February  1995.  This coincides with the period of 
time member was undergoing divorce proceedings.  The Board hrther noted however that the applicant was 
age 22 and 23 when his misconduct occurred, which is essentially  the same age as most first term airmen 
who do not  engage in misconduct; and there is no evidence of record he did  not  know right  from wrong. 
Furthermore,  the Board  cecognized that  member’s  marital  problems  may  have  had  some bearing  on  his 
misconduct, but his problems were not unique and the Board did not find them  of sufficient  mitigation to 
explain  his misconduct.  There was no evidence that  he used  available agencies  such  as the Chaplain  or 
Family  Support Center to help  him cope with the situation.  No inequity  or impropriety was found  in his 
discharge in the course of the records review. 

Member also cites his post-service achievements raising his children, working on his college degree, and as 
an accounting supervisor with a large firm.  The Board commends applicant for these accomplishments, but 
this  information  is  insuficient  to  overcome  the  factors  that  were  the  basis  for  discharge,  and  are  not 
relevant to the period of service under review.  It therefore does not provide a basis for upgrade 

If the applicant can provide additional documented evidence to substantiate his issues,  he should consider 
exercising his right to make a personal appearance before the Board.  If he chooses to do so, he should be 
prepared  to  provide  the  Board  with  evidence  of  an  inequity  or  impropriety,  and  any  post-service 
accomplishments and contributions to his community. 

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 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 

DEPARTMENT OF THE AjR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  A m ,  MD 

Em-01-00010 

(Former A1C) 

- .  

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 95/07/27 UP AFI 36-3208, 
paza 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a.  DOB: 72/02/17.  Enlmt Age:  19 4/12.  Disch Age: 23 5/12. Educ:HS DIPL. 

AF,JT: N/A.  A-41,  E-62,  G-46,  M-51. PAFSC: 2M032 -  Missile Systems Maintenance 
ApHrentice. DAS: 94/08/01. 

b.  Prior Sv: AFRes 91/07/08 -  51/09/17  (2 months 9 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

" 

a.  Enld as AB 91/05/18 for 4 yrs.  Ext: 93/11/19 for 11 months.  Svd: 3 

Yrs 10 Mo  10 Das, all AMs. 

b.  Grade Status:  A1C -  95/02/06 (ART 15,  95/02/06) 

SRA  - Unknown 
A1C -  93/01/-18 
AMN -  (EPR Indicates): 91/09/18-93/05/17 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 95/02/17, F.E. Warren AFB, WY - Article 92.  You, having 
knowledge of a lawful order issued by MSgt -------, not 
to attempt to contact your wife or go to your home 
unless otherwise directed to do so by SMSgt -------- I  or 
LTC -------, an order which it was your duty to obey, 
did, o/a  3  Feb 95, fail to obey the same by wrongfully 
contacting your wife.  Reprimand.  (No appeal) 
(No mitigation) 

95/02/06, F.E. Warren AFB, WY - Article 134.  You, did, 
o/a 29 Dec 94, make and utter to --------, F.E. Warren 
AFB, WY a certain check, in words and figures as 
follows, to wit: Check Number 2223, in the amount of 
$12.00, dated December 29, 1954, for the purchase of a 
thing of value, and did thereafter dishonorably fail to 
maintain sufficient funds in the --------  Bank for 
payment of such check in full upon its presentment for 
payment.  Rdn to A1C.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 24  JUN 95 -  False statement. 

LOR, 12 JAN 95 -  Assault. 

LOR, 10 JAN 95 -  Bad cheqk. 
LOR, 05 JAN 95 -  Disobeying a direct order. 
LOR, 06 NOV 94 -  Failure to pay just debt. 

mol-00010 

f.  CM:  none. 

-=--  . 

g.  Record of SV: 91/09/08  93/05/17  Ellsworth AFB 
93/05/18  94/05/17  Ellsworth AFB 
94/05/18  95/05/17  F.E. Warren AFB  2  (Annua1)REF 

4  (Initial) 
4  (Annual) 

(Discharged from F.E. Warren AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFGCM. 
i.  Stmt of Sv:  TMS:  (4) Yrs  ( 0 )   Mos  (20) Das 
TAMS:  (3) Yrs  (10) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/11/16. 

(Change Discharge to Honorable) 

Issue 1:  I would like to begin by saying that going through a divorce is 

w 

-7ery difficult.  I filed for divorce back in November or early December of 1994. 
1 never received any help from anyone during this troubled time.  In every 
rncident that led up to my discharge I was guilty no matter what I said.  My 
zivorce was final in April of 1995 and by then I was ordered to attend a 
zandatory men's groyp counseling session with family services. 
xere supposed to prevent the divorce but it was already too late for me.  The 
young lady who gave the sessions aplogized to me after the sessions because I 
%as not the bad person the US Air Force was making me out to be.  We all make 
mistakes but when I had to bounce a few checks to retain a lawyer to fight for 
3y children I felt that I was doing the right thing.  I did not however realize 
what effect this would have on my career.  All the events leading up to my 
discharge happened during my divorce Nov 92-Feb 95.  At that time in my life I 
had no one else in my life besides my children.  Without them I was no good to 
anyone especially the Air Force.  I fought for my children and although it may 
have cost me my career in the US Air Force I am ultimately victorious.  I was 
awarded full custody of both my children in April of 1995 my daughter 3  and my 
son 1 at the time.  If I had harmed my ex-wife in any way or my children I don't 
believe that any court would have given the children to me. 

These sessions 

,but  I can at least ask for the honorable discharge that I 

Today however I am happily married and I still have full custody of my children 
who are now 6 and 8.  I am also an Accounting Supervisor with ------  &  ------- 
firms.  I am currently seeking my Bachelors degree at 
one 
I know that I can not change the events that led up 
the 
to 
rightfully earned.  My life could not be better at this time and I owe all of 
this to the training and discipline that I learned in the US Air Force.  All 
that I am asking from you is to review my discharge and reconsider my general 
discharge and upgrade it to honorable.  I would also like to know if you were 
put in a position where you would have to choose between your children and your 
career what would you do?  Every morning when I get my children out of bed I 
know that regardless of the outcome I did the right thing.  Thank you. 

c 

.. - 

ATCH 
1 .   Letter  t o   t h e   D i s c h a r g e   Review  Board. 
2 .   DD  Form  2 1 4 .  
3 .   AF  Form  1 0 0 .  
4 .   AF  Form  973. 
5.  DD  Forms  4 .  
6.  Memorandum  f o r   90  MSS/MSMPR,  2 4   J u l   95. 
7 .   Memorandum  f o r   90  MW/CC,  1 7   J u l   95. 
8 .   Recommendation  f o r   D i s c h a r g e ,   07  J u l   9 5 .  
9.  N o t i f i c a t i o n   Memorandum,  07  J u l   95. 
1 0 .   Copy  o f   S o c i a l   S e c u r i t y   Card  &  Driver  L i c e n s e .  
11.  Decree  of  D i v o r c e .  

_ _  

mol-00010 

0 1 / 0 1 / 0 7 / i a  

DEPARTMENT OF THE AIR  FORCE 

90TH MISSILE WING (AFSPACECOM) 

FROM:  90 MWIJA 

SUBJECT:  Lega 
5.49 

AFI 36-3208, Para 

1.  BASIS FOR ACTION:  Administrative discharge action was initiated on 7 Jul95 against 
er the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49, minor 
tions.  The squadron commander recommends separation with a general 

at the member not be considered a candidate for probation and rehabilitation. 
not entitled to a board hearing.  He has consulted with counsel and has 

submitted statements on his behalf. 

2.  FACTS: 

I 

a.  January 19 
he claimed he was un 
ent wife support as directed due to the fact that he 
had paid the daycare bill of $90.00.  Investigation revealed that the daycare was never paid.  He 
received a Letter of Reprimand &OR) on 24 Jun 95. 

ade a false official statement to the First Sergeant when 

failed to obey by wrongfully contacting his wife.  He received an Article 15 punishment on 
17 Feb 95. 

aving knowledge of a lawful order issued 
or go to his home unless otherwise direc 

c.  On 29 Dec 94,-ote 

a check in the amount of $12.00 and failed to 

maintain sufficient funds in his bank account for payment upon its presentment.  He received an 
Article 15 punishment on 6 Feb 95. 

- -  

d.  On23Dec9 

- -  
saulted his wife by poking her in the right eye. 

Furthermore, he forcibly grabbed her legs and panties against her will, an act which he has 
admitted was to inflict fear of sexual assault upon his victim.  He had an Unfavorable 
Information File (UIF) established and received an LOR on 12 Jan 95. 

e.  On 3 Dec 

ote a check in the amount of $16.50 and failed to 

maintain sufficient funds in his bank account for payment upon its presentment.  He received an 
LOR on 10 Jan 95. 

GUARDIANS OF  THE  HIGH  FRONTIER 

- 

- 

- 

f.  On 3 1 Dec 94,’contacted 

his wife which was a violation of a direct order 

fiom hid first sergeant, supervisor, and fight chief.  He received an LOR on 5 Jan 95. 

g 

failed to p 

0.00 for furniture in full-prior his departing 

Ellsworth AFB, SD, as agreed.  He received an LOR on 6 Nov 94. 

- 

3.  PERSONAL DATA: 
18 Sep 91.  His duty title is Peacekeeper Tool Room Specialist, DAFSC 2M052.  He is divorced 
and lives base housing. 

is 23 years old and has served on active duty since 

~ 

4.  REGULATORY GUIDANCE: 

a.  This discharge recommendation complies with AFI 36-3208, and the record is legally 

stances cited by 90 MXSKC as reasons for 

current enlistment and should be considered by you as 

sufficient to sustain a 
discharge occurred wit 
a basis for discharge. 

b.  AFI 36-3208, paragraph 5.49 states that an airhan may be subject to discharge based 

on a pattern of misconduct that consists solely of minor disciplinary infractions.  Minor 
disciplinary infractions incIude violations of nonpunitive regulations and minor offenses under 
the UCMJ.  Minor disciplinary infractions are normally evidenced by formal or informal 
counseling, letters of reprimand, and Article 15s. 

5.  FOR THE GOVERNMENT: 

a.  A pattern of minor disciplinary infractions is contrary to the self-discipline required 
ecord shows a pattern of disciplinary problems 
s having contact with his wife on two separate 

for effective military servi 
that violate the UCMJ.  H 
occasions after he was directed by his first sergeant not to do so, making a false official statement 

ing several checks with insufficient f h d s  in his 

r furniture prior to his departure fiom Ellsworth AFB, 
careless disregard for his responsibilities as an Air 

Fdrce member. 

- -  

- 

of misconduct demonstrates he has consistently failed to 
harge is warranted because the negatke 
- -  aspects 
Probation and rehabilitation are not appropriate 
has not responded tu previous opportunities to 

bring his conduct within Air Forc 

6.  FOR THE RESPONDENT: 

Service Medal, Air Force Training Ribbon, and has received three letters of appreciation. 

s entitled to wear the Air Force Good Conduct Medal, National Defense 

a. 

b.  Inhisbehal 
graduated high school 
that all of the negative paperwork stemmed form his relationship with his spouse. 
has requested for probation and rehabilitation or nothing less than an honorable di 
him having sole custody of his three children. 

ecounts his life before the Air Force, from the time he 
cent of his class up to his present assignment. 

__ 

7.  OPTIONS:  As the-Gparation authority in this case, you may: 

a.  Reject the squadron commander's recommendation and retai 

active 

duty; 

b.  Recommend reinitiation of this action if you believe an under other than honorable 

conditions discharge is warranted and refer this case to a board of officers; 

c.  Recommend an honorable discharge with or without probation and rehabilitation and 

forward this package to 20 AFKC for approval; 

d.  Disch 

rehabilitation. 

with a general disch&ge with or without probation and 

8.  RECOMMENDATION:  I concur with the squadron commander's recommendation of a 
general discharge without probation and rehabilitation.  I recommend you concur and dir 

eneral discharge. 

Y L  
c 

- 

..-.,- 

----I-- 

Staff Judge Advocate 

\ 

DEPARTMENT OF THE AIR  FORCE 

90TH MISSILE WING (AFSPACECOM) 

FROM:  90 MXS/CC 

I - ,  

SUBJECT:  Notification Memorandum 

. 

;. -/  ;&  395 

- 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infiactions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable, general, or 
under other than honorable conditions.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

" 

a.  On or about January 1995, you made a false official statement to the First Sergeant 
when you claimed you were unable to pay your dependent wife support as directed due to the 
fact that you had paid the daycare bill of $90.00.  Investigation revealed that the daycare was 
never paid.  You received a Letter of Reprimand (LOR) on 24 Jun 95. 

-of 

b.  On or about 3 Feb 95, you, having knowledge of a l a d  order issued by SMSgt 

to attempt to contact your wife or go to your home unless otherwise directed to do 
so,  failed to obey by wrongfully contacting your wife.  You received an Article 15 punishment 
on 17 Feb 95. 

c.  On or about 29 Dec 94, you wrote a check in the amount of $12.00 and failed to 

maintain sufficient funds in your bank account for payment upon its presentment.  You received 
an Article 15 punishment on 6 Feb 95. 

- 

-

-

 

- 

- 

d.  On or about 23 Dec 94, you assaulted your wife by poking her in the right eye. 

Furthermore, you forcibly grabbed her legs and panties against her will, an act which you have 
admitted was to inflict fear of sexual assault upon your victim.  You had an Unfavorable 
Information File-established and received an LOR on 12 Jan 95. 

- -  

e.  On or about 3 Dec 94, you wrote a check in the amount of $16.50 and failed to 

maintain suscient funds in your bank account for payment upon its presentment.  You received 
an LOR on 10 Jan 95. 

f.  On or about 3 1 Dec 94, you contacted your wife which was a violation of a direct order 

fiom your first sergeant, supervisor, and fight chief.  You received an LOR on 5 Jan 95. 

6 

GUARDIANS OF  THE  HIGH FRONTIER 

\ 

-- 

L 

g.  You failed to pa 

$1 50.00 for furniture in full prior your departing 

Ellsworth AFB, SD, as agreed.  You received an LOR on 6 Nov 94. 

. 

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 orretained in the Air Force and ifyou are 
discharged how your seGice will be characterized. If you are discharged, you will be ineligible 
for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Mil 

ext 3248, on 
own expense. 

has been obtained to assist you. 

ADC office, at bldg 292, 
t civilian counsel at your 

4.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me by within three workdays after receipt of the 
notification memorandum.  That date being  Id- &Lss, unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

5.  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. 

6. You have been scheduled for a medical examination.  You must report to the F. E. Warren 
Hospital physical exams section at  030 o 

hrs on  I /  T u .  

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

Commander 

I