AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 
ED 01-00012 

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

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

FINDINGS:  The Board grants the requested relief. 

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The DRB finds that neither evidence of record nor that provided by the applicant substantiates an impropriety 
which would justify  upgrade of discharge.  However, based upon the record, and applicant’s testimony and 
evidence provided by the applicant, the Board finds that the applicant’s character of discharge is inequitable. 

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

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Issues.  After a thorough and complete consideration of the information provided by the applicant, counsel and 
contained  in  the  records,  the  DRB  concluded there  was  sufficient mitigation  to  substantiate upgrading the 
discharge.  Specifically, the Board found the characterization was too harsh.  For instance, his last two Article 
15s were presented to him to the same day.  Thus, not giving him a chance to change his negative behavior. 
Also, the Board noted the applicant was entitled to request an administrative board, but there was no indication 
in the records that he had been given that opportunity.  Although the DlU3 did not condone the misconduct of 
the applicant, an Honorable discharge was deemed appropriate and equitable.  The Board also concludes that 
there is not a legal or equitable basis for a change of the reason for the 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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant’s 
service is more accurately reflected by  an Honorable discharge.  The applicant’s characterization of discharge 
should be changed to Honorable under the provisions of Title 10, USC 1553. 

Attachments: 
1.  Examiner’s Brief 
2.  Issues. 

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Em-01-00012 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB, MD 

(Former A1C) MISSING  DOCUMENTS - 
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1 .   MATTER  UNDER  REVIEW:  Appl  rec‘d a GEN Disch fr USAF 95/04/10 UP AFI 36-3208, 
para 5.50.2  (Misconduct -  Prejudicial to Good Order and Discipline).  Appeals for 
Honorable Disch. * 

2 .   BACKGROUND: 

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a. DOB: 71/05/12.  Enlmt Age: 1 7   2/12.  Disch Age: 23 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-79,  E-76,  G-76,  M-64. PAFSC: 3A051 -  Information Management 
journeyman. DAS: 89/10/10. 

b.  Prior Sv: AFRes 88/07/14 -  89/06/21 (11 months 8 days) (Inactive). 

aas, all AMs. 

(2) Enld as AB 89/06/22 for 4 yrs.  Svd: 3 yrs 4 mos 6 

AMN -  89/12/22.  A1C -  90/10/22.  SRA  -  92/06/22.  EPRs: 3,4. 

3 .   SERVICE  UNDER  REVIEW: 

a.  Reenld as S’RA  92/10/28 for 4 yrs.  Svd: 2 Yrs 5 Mo  13 Das, all AMs. 
b.  Grade Status:  A1C -  95/01/30 (Article 15,  95/01/30) 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 95/01/30, Travis AFB, CA - Article 86.  You, did, o/a 13 
Jan 95, w/o authority, fail to go at the time prescribed 
to your appointed place of duty.  You, did, o/a 17 Jan 
95, w/o authority, fail to go at the time prescribed to 
your appointed place of duty.  Rdn to A1C. 
(Appeal/Denied) (No mitigation) 

( 2 )   95/01/30, Travis AFB, CA - Article 92.  You,  who knew 

of your duties, o/a 11 Dec 94, were derelict in the 
performance of those duties in that you willfully failed 
to limit the use of your -------- government-credit card 
only for official travel related expenses, as- it was 
your duty to do.  Forfeiture of $100.00 pay per month 
for two months.  (No appeal)  (No mitigation) 

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e.  Additional: LOCI 24 NOV 93 -  Failure to pay just debts. 

LOR,  13 JUL 93 -  Unauthorized use of government credit card 
LOC, 06 JUL 93 -  Bad check. 

and failure to pay debt. 

f.  CM:  none. 

mol-00012 

9.  Record of SV: 92/02/22  93/02/21  Travis AFB  3 
93/02/22  94/02/21  Travis AFB  3 
94/02/22  94/11/16  Travis AFB  3  (CRO) 

(Annual) 
(Annual) 

(Discharged from Travis AFB) 

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h .   Awards &-Decs:  NDSM, SWASM W/2 BS, AFTR, AFLSAR, AFOUA, A W M .  

i.  Stmt of Sv:  TMS:  (6) Yrs  (8) Mos  (27) Das 
.  TAMS:  (5) Yrs  (9) Mos  (19) Das 
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(Change Discharge to Honorable) 

4 .   BASIS ADVANCED  FOR  REVIEW:- Appln  (DD Fm 293) dtd 00/-%2/10. 

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Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 28 months of service broken down into numerous counts for the 
3urpose of building a stronger case for discharge.  I completed one enlistment 
xith an honorable discharge and that discharge was superseded by this discharge. 
70  the best of my knowledge, counting heavily upon said knoeledge and lacking 
gertinent documents due to loss in a fire, these statements are true and 
zorrect.  I thank you for your time and effort in considering this matter. 

ATCH 
none. 

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01/01/09/ia 

OEPARTMENT OF T H E  AIR FORCE 

HEADQUARTERS 60TH AIR MOBILITY WING (AMC) 

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MEMORANDUM FOR 60 .AhIM’/CC 

FROM:  60AMW/JA  . 

510 Mulheron Street. 
Travis AFB CA 04.5.3.5-24G2 

smmc 

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208, 

mmander, 616th Am Mobility Communications 

1.  On 20 Mar 95, 
Squadron, initiate 
36-3208, paragraph  5.50.2, for H  Pat tern of Misconduct:  Conduct Prejudicial to Good Order and 
Discipline, and  recommcntlctl  R  general discharge characterization  kthout probat.ion and 
rehabilihtion  (P&R).  ‘r’hc G I 5  r\hlO(>/CC  concurred.  The respontlcnt, isas inrormed of his right to 
submit mat.ters in rcsponse lo thc i)roposcd action.  In his tintliltd st,atemonl, t.he respondent asks 
for an honorable discharge ch~tr;tcterizaI-ion as ho is concerned al)out losing certain VA and 
educational benefits, find chanccs for gocttl ctiviliitn  cmployment (Tab 3). 

pdent) IAW AFPD 36-32 and MI 

2.  BASIS FOR DISCI IARCE: 

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The respondent’s misconduct. cst.entls from 24 hqay 93 to 17 Jan 95.  Thc spccific incidents are as 
follows:  (a) He failed to go to his iil)poinlcd place of duty on or abut, 13 Jan 95 and on or about 17 
Jan 95, resulting in an Article  15 tlatetl 30 Jan 96, wit.h punishment of reduct.ion to the grade of 
airman flrst class; (b) IIe was tlcrclict  in t.he performance of his military duties on or about 11 Dec 
94 by willfully failing 1.0  limit. t he use of his government issueml(llSlglearc1  10  official travel related 
expenses only, result.ing in an Article  15 tlat.ed 30 Jan 95, with punishment of forfeiture of $100.00 
pay per months €or two months; (c) He was delinquent in his AAFES DPP payments in Nov 93, 
resulting in a letter of counseling (LOC) dated 24 Nov 93; (d) He aclmitted  to the improper use of his 
gdernmen t issu 
and was clelinqu-of 
13 J u l 9 3  
bad check 

an unfavorabIe information file on 21 Jul93; and, (e) hewrote two 
it 23 May 93, resulting in an LOC on 6 Jul93. 

1 for reasons ot.her than official business on or about 2 J u l 9 3  

$500.00, resulting in a letter of  reprimand (LOR) dated 

3.  DISCUSSION:., 

a.  This action is legally suficicnt. Discharges under paragraph 5.50.2 are normally characterized 

as under other than honorable conditions (UOTIIC) IAN’ AFI 36-3208, para 5.48.1. A discharge 
should be honorable only iI the respondent’s service has been  so meritorious that any other 
characterization would be clcarly inappropriate; a general discharge characterization  is appropriate 
when negative aspects of  thc airman’s conduct or performance of duty outweigh positive aspects of 
the airman’s military rccwrtl; ; m l  R  UO‘I’I IC is warranted when  a memlxr‘s improper acts represent 
a “significant departure“ from  t h c b  rontlucl  espcctctl of airmen (MI 36-3208, para  1.18). 

mentioned in paragraph 2.  The other derogatory data in his case file consists of an LOBand 
several MFRs for financial irresl)onsil)ility and a police blotter for domestic disturbance.  This 23- 
year-old respondent with over live years of creditable senice has received five EPRs.  Four EPRs 
show overall ratings of “3,” and one EPR shows an overall rating of “4.”  Considering his 
misconduct, age, experience, and time in the Air Force, it is unlikely a board of officers would 
recommend a UOTHC discharge.  I concur with the commander’s recommendation for a general 
discharge. 

c.  Although P&R is permissible, it is inapproin-iate in his case.  The respondent was referred to 

appropriate agencies for rehabilitation, including fmancial counseling at the Family Support 
Center.  He was a@m&xl ample opportunity to comply with the accepted standards of condset and 
behavior; however, he was unsuccessful. 

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4.  As the Special Court-Martial Separation Authority, your options are to: 

a.  Direct thisiction be withdrawn-and retain the respondent; 

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b.  Discharge the respondent  with a general discharge with or wlthout P&R; 

c.  Forward the case to 15 AF/CC with a recommendation  for an honorable discharge with or 

without P&R; or 

d,  Direct reinit.iation for processing l-4W AFl 36-3208, Chapter 6, Section C - Board Hearing or 

Board Waiver, if you believe the issuance of a UOTHC is warrant,etl. 
5. RECOMMENDATION: 

Discharge the respondent with  it gencr;iI tlischitrgc without P&R. 

Attachments: 
1.  Propos 
2.  CaseF 

I concur. 

616TH AIR MOBILITY COMMUNICATIONS SQUADRON (AMC) 

DEPARTMENT OF THE AIR FORCE 

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P3D6 i -  -0  /-2. 

MEMORANDUM.FO 

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FROM:  6 15 h C O M S I C C  
575 Wddron Street 
Travis AFB CA 94535 

SUBJECT: Notification Memorandum 

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1. I am recommending your discharge from the United States Air Force for a 
Pattern of Misconduct:  Conduct Prejudicial to Good Order and Discipline.  The 
authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.50.2.  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 charact'erized as general. 

2.  My reasons for this action are: 

a.  On or about 13 Jan 95 and on or about 17 Jan 95, you failed to go to your 

appointed place of duty at the prescribed time, to wit:  Bldg 904, Travis Air Force 
Base, California, resulting in an Article 15 dated 30 Jan 95, with punishment of 
reduction to the grade of airman first class. 

I b. 'On or about 11 Dec 94, you were derelict in the pe 
willfully failing to limit the use of your government issue 
card  offickikavel related expenses only, resulting in 
95, with punishment of forfeiture of $100.00 pay per month for two monas. 

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c.  On or about 23 Nov 93, the squadron was notified you were late in making 

your AAFES DPP payments, resulting in a letter of counseling (LOC) dated 
24 Nov 93. 

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out 2 Jul93, you admitted improperly using your government issued 
rd for reasons other than official business, and were delinquent in 
yments in the amount of $500.00, resulting in a letter of reprimand (LOR) 

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dated 13 Jul93, with establishment of an unfavorable information 
21 Jul93. 

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e.  On or about 23 May 93 and on or about 24 May 93, you wrote a nonsufficient 
funds check to AAFES in the amount of $5.00 and $11.29 as evidenced by AAFES 
Form 7200-75, resulting in an LOC on 6 Jul93. 

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3.  Copies of the documents to be forwarded to the separation authority in s u ~ r t  
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 3rvice + be- 

characterized.  If you are discharged, you will be ineligible for reenlistment in the 
Air Force. 

4  You have the right to consult counsel. Military legal c 
t you.  I have made an appointment for you to cons 
a Defense Counsel, at Bldg. 163, ext. 4-4569, on 
hours.  You may consult civilian counsel at your 

5. You have the right to submit statements in your own behalf.  Any statements 
you want the separation authority to consider must reach me NLT 

ri23lrtAa  7 5 &  

, a t   / 3 6 0  

hours unless you request and receive 

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

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for a medical examination. 

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.  Report to DGMC, Physical Exams Section at 0730 hours on 29 mkw  4 f  
9.  Execute tp - attached acknowledgment and return it to me immediately. - 

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 in the orderly room. 

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Attachment: 
1.  Article 15,30 Jan 95 
2.  Article 15,30 Jan 95 
3.  LOC, 24 Nov 93 w/2 Atchs 
4.  LOR,  13 Jul93; UIF, 21 Jul93 
5.  LOC, 6 Jul93 w/2 Atchs 
6.  Mental He&h  Eval, 21 Feb 95 w/l Atch 
7.  Other Derogatory Data: 

a.  LOR, 25 Jul94 w/2 Atchs 
b.  Security Police Blotter, 11 Feb 94 
sion Ltr, 8-Oct 93 
linquency Ltr, 25 Aug 93 

e. MFR, 27 Apr 93 w/2 Atchs 
f. Dishonored check Ltr, undated 
g.  UIF Ltr, 17 Feb 93 
h.  60 CSG/SSF Ltr, 9 Jul90 

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