, 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00014 

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 
to exercise this right. 

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

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, 
and after a thorough r'eview of the record, the Board was able to identify none; The records indicated the 
applicant received an Article  15, two Letters of Reprimand and  a Letter of Counseling for misconduct. 
The misconduct included being found sleeping on post as a sentinel bhile on duty, and on two separate 
occasions failing to maintain a properly clean and pressed uniform.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board 
concluded the misconduct  was  a  significant departure from  conduct expected of all military members. 
The characterization 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. 

In view of the foregoing fmdings 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  AIR  FORCE 

A I R   FORCE  DISCHARGE  REWIEW  BOARD 

AM)REWS  AFB,  MD 

E’D-01-00014 

(Former A1C) 

. 

9TTER  UNDER  REVIEW:  Appl rec‘d a GEN Disch fr USAF 9 9 / 1 2 / 2 1   UP  AFI 36- 3208, 
5.49  (Misconduct - Minor.Disciplinary Infractions).  Appeals for Honorable 

K!KGROUND : 

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Enlmt Aqe:  1 7   9 / 1 2 .   Disch Aae:  1 9   11/12. Educ:HS  DIPL. 

a. DOB: 8 0 / 0 1 / 1 5 .  
N/A.  A-39, 
39/06/15. 
b.  Prior Sv: AFRes 9 7 / 1 0 / 2 8   -  9 8 / 1 0 / 0 6   (11 months 9  days)(Inactive). 

E-71,  G-50,  M-74.  PAFSC: 3P031  -  Security Apprentice. 

- 

d 

SRVICE  UNDER  REVIEW: 
a.  Enld as AB 9 8 / 1 0 / 0 7   for 4 yrs.  Svd: 1 Y r s   2  M o   1 5  Das, all AMs. 
b.  Grade Status:  A1C -  9 8 / 1 1 / 2 1  

AMN -. Unknown 

c.  Time Lost:  none. 

d.  Art  1 5 ’ s :  

(1) 9 9 / 1 1 / 1 9 ,   Keesler AFB, MS  - Article  113.  You, o/a 6 Nov 

99, being on post as a sentinel at post Security 2, 
flightline restricted area Keesler AFB, MS,  were found 
sleeping upon your post.  Rdn to Amn  (susp til 1 8   May 
001,  1 4   days restriction, and 1 4   days extra duty. 
(No  appeal)  ( N o   mitigation) 

e.  Additional: LOR,  13 NOV  9 9   -  Dereliction of duty. 

LOR, 07 OCT 99  -  Dress and Appearance violation. 
LOC,  07 OCT 9 9   -  Dress and Appearance violation. 

- 

1- 

none. 

f.  CM: 
g .   Record of SV: none. 

(Discharged from Keesler AFB) 

h.  Awards &  Decs:  AFTR, AFOUA W / 1   DEV. 
i.  Stmt of Sv:  TMS:  ( 2 )   Yrs  (1) Mos 
TAMS:  (1) Yrs  ( 2 )   Mos 

( 2 4 )   Das 
( 1 5 )   Das 

9sIS  ADVANCED  FOR REVIEW:  Appln  ( D D   Rn  293)  dtd 0 0 / 1 1 / 0 5 .  
Zhange Discharge to Honorable) 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 81 TRW/CC 

FROM:  81 TRWlJAJ 

500 Fisher Street  Rm 227 
Keesler AFB,  MS 39534-2553 

M,81 SFSlCC recommended th 

(hereafter referred to as "Respondent") be administratively sepj 
general service characterization.  The authority for this recommendation is AFI 36-3208, 
paragraph 5.49.  Under paragraph 6.2.2,  the respondent is not entitled to a board hearing. 

2.  PERSONAL DATA: 

a.  Date and Term of Enlistment:  7 Oct 98, 6 years. 

b.  Total Active Federal Military Service Date:  7 Oct 98. 

c.  Performance Reports:  None. 

3.  EVIDENCE F O d  THE GOVERNMENT: On 13 Nov 99, Respondent failed to keep the SFCC 
aware of his location at all times, for which he received a Letter of Reprimand on 13 Nov 99. 
On or about 6 Nov 99, Respondent, being on post as a sentinel on the flightline, was found 
sleeping while on duty, for which he was punished under Article 15, UCMJ, with a reduction to 
Airman, a suspended reduction to Airman Basic, 14 days extra duty, and 14 days restriction to 
Keesler Air Force Base, on 19 Nov 99.  On or about 7 Oct 99 and 28 Sep 99, Respondent failed 
to maintain a properly dean and pressed uniform, for which he received a Letter of Reprimand 
on 7 Oct 99. 
4.  EVIDENCE FOR THE RESPONDENT: This 19-year-old airman is in his first enlistment.  He 
has AQE scores as follows:  A - 39, E - 71, G - 50, M - 74.  Respondent consulted counsel and 
stated that he would submit matters on his own behalf, however, he never turned in any 
statements. 

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t- 

5.  DISCUSSION: 

a.  This fileis legally sufficient to support a discharge under paragraph 5.49 for minor 
disciplinary infractions.  Respondent's repeated misconduct demonstrates a lack of military 
bearing that has an adverse effect on the morale and discipline of a unit.  The serious nature 
of the offense of sleeping on duty indicates that he is not capable of meeting required 
standards of conduct.  Such traits reflect poorly upon the Respondent and the Air Force, 
particularly in his role as a member of security 
interest of both partie 

ces.  Administrative separation is in the best 

Do not release in whole or in part without the expressed permission of the Staff Judge Advocate. 

ATTORNEY WORK PRODUCT 

b.  81 SFS/CC recommends a General Discharge and I agree.. The significant negative 
aspects of Respondent's service outweigh the positive aspects of his duty.  A general service 
characterization is appropriate in this case. 

c.  81 SFSlCC advises that Probation and Rehabilitation are not suitable in this case 

and I agree.  Respondent has been given opportunities to conform his behavior to acceptable 
standards, yet has chosen not to comply.  Further attempts at probation and - rehabilitation 
would likely prove unsuccessful. 

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6.  OPTIONS:  As the Separation Authority, you have the following options: 

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a.  If you determine the evidence does not support this separation action, direct that it 

be discontinued, and direct the respondent be retained in the Air Force. 

. *.-. 

b.  If you determine this separation action has been brought under an inappropriate 

section of AFI 36-3208, direct reinitiation under a more appropriate section. 

c.  If you determine the evidence supports this separation action, approve the separation 

action and direct the respondent be given a general discharge, with or without probation and 
rehabilitation, for minor disciplinary infractions under the provisions of AFI 36-3208, paragraph 
5.49. 

d.  If you determine this separation action is supported by the evidence, but believe an 

honorable discharge is appropriate, make that recommendation and forward the file to 2 
AF/CC for further disposition. 

e.  If you determine that an under other than honorable conditions discharge is 

appropriate under paragraph 5.49, direct a discharge board be convened, and forward the file 
to 81 SFS/CC.for processing. 

7.  RECOMMENDATION: That you approve Respondent's separation with a general service 
characterization, without probation and rehabilitation for minor disciplinary infractions, under 
the provisions of AFI 36-3208, Chapter 5, Section H, paragraph 5.49. 

Iconcur. 

I-- 

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Attachment-Case File 

_.I-. .__ 

Do not release in whole or in part without the expressed permission of the Staff Judge Advocate. 

ATTORNEY WORK PRODUCT 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TfUUNlNG COMMAND 

MEMORANDUM FO 

FROM:  81 SFS/CC 

.- 

Y 

-- - _  

SUBJECT:  Notification Memorandum 

.-. 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, 
Paragraph 5.49.  If my recommendation is approved, your discharge will be described as 
Honorable or General.  1 am recommending that your service be characterized as General. 

2.  My reasons for this action are: 

a.  On 13 Nov 99, you failed to keep the SFCC aware of your location at all times, for which 

you received a Letter of Reprimand on 13 Nov 99.  (Atch 1 , Appendix A) 

b.  On or about 6 Nov 99, you, being on post as a sentinel on the flightline, were found 

sleeping while on duty, for which you were punished under Article 15, UCMJ, with a reduction to 
Airman, a suspended reduction to Airman Basic, 14 days extra duty, and 14 days restriction to 
Keesler Air Force Base, on 19 Nov 99.  (Atch 1 , Appendix B w/atchs) 

c.  On or about 7 Oct 99, you failed to maintain a properly clean and pressed uniform, for 

which you received a Letter of Reprimand on 7 Oct 99.  (Atch 1 , Appendix C) 

d.  On or about 28 Sep 99, you failed to maintain a properly clean and pressed uniform, for 

which you received a Letter of Counseling on 7 Oct 99.  (Atch 1 , Appendix D) 

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 higher 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 Fw-y 
recoupment 

special pay, bonuses, or education assistance funds may be subj-o 

_- 

4.  You have theTright to consult legal counsel.  Mi 
you.  I have m de-an a  pointment for  ou to cons 
 hours. 

102, on  ,/f_x-fc 74  at  .. 6 9

!

expense. 

been obtaine3. Eassist 
.at-Bidg O?W, Room 
nsel at your own 

5.  You have the right to submit statements on your 
separation authority to consider must reach me by 

alf.  Any statements you want the 
79 .  byJEWxursu-nless  you 

request and receive an extension for good cause shown.  I will send them to the separation 
authority. 
6.  If you fail to consult counsel or to submit statements in your own behatf, your failure will 
constitute a waiver of your right to do so. 

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- 

7.  You have been scheduled for a medical examination.  You 
Group, Adult Ambulatory Care Clinic on  /+‘ & C 
examination. 
z#y 

8.  Any personal information you furnish in rebuttal is 
of AFI 36-320&is available for your use in Bldg 

ered by the Privacy Act of 1974.  A copy 
, CQ. 

. --. 

9.  Execute the attached acknowledg 

... 

~ 

Attachments: 
1.  Supporting Documents 

1 

a.  Letter of Reprimand dated 16 Nov 99 
b.  AF Form 3070 dated 19 Nov 99 w/atchs 
c.  Letter of Reprimand dated 7 Oct 99 
d.  Letter of Counseled dated 28 Sep 99 

2.  Airman’s Receipt of Notification Memorandum 
3.  Airman’s Statements 

.  ATCH1  .