AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

CASE h i B E R  
FDO 1-00032 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change of reason for 
discharge, and change of reenlistment eligibility (RE) code. 

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. 

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. 

Issue 1 :  The applicant contends that she was young and immature and did not realize what a General 
discharge would mean.  There is no evidence of record to indicate she was immature or did not know right 
from wrong.  The Board opined the applicant was as old or older than the vast majority of first term 
members who properly adhere to the Air Force standards of conduct.  The Board concluded this issue was 
without merit. 
Issue 2:  The applicant contends that she came forward about sexual harassment but that this was never 
documented.  The Board found no evidence of record pertaining to sexual harassment, nor was there any 
indication of recourse because of allegations pertaining to sexual harassment.  The Board concluded this 
issue was without merit. 
Issue 3 & 4 are similar in nature and will be addressed jointly.  The applicant contends she wants to reenlist 
to prove she belongs in the military as a career and if her discharge cannot be upgraded she would  like to 
Board to consider upgrading her reenlistment eligibility code so that she can join the Coast Guard.  The 
Board reviewed the record and found that, in addition to failing to progress in her training after receiving 
plenty of support and many additional hours of study in her chosen career field, the member had two Letters 
of Reprimand, one for dereliction of duty by directing traffic in an unprofessional manner, and another for 
making a false official  statement on her USAF Drug Certification Form.  No inequity or impropriety in his 
discharge was suggested or found in the course of the records review.  The Board concluded that the 
character and reason for discharge were appropriate due to her 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 fhrther 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 AFB, MD 

FD-01-00022 

(Former AB) 

7 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 9 5 / 0 4 / 0 4   UP AFI 36- 3208, 
para 5 . 2 6 . 3   (Unsatisfactory Performance).  Appeals for Honorable Disch, to Change 
the RE Code, and Change the Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 7 5 / 0 9 / 0 5 .   Enlmt Age:  18  0 / 1 2 .   Disch Age: 1 9   6 / 1 2 .   Educ:HS DIPL. 

G - 4 4 ,   M-30.  PAFSC: 3P031  -  Security Apprentice. 

AFQT: N/A.  A-63,  E-36, 
DAS: 9 4 / 0 6 / 2 4 .  

b.  Prior Sv: AFRes 9 3 / 0 9 / 2 3   -  9 4 / 0 2 / 0 3  

( 4   months 11  days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AMN  94/02/04  for 4  yrs.  Svd: 1 Yrs 2  Mo  1 Das, all AMs. 
b.  Grade Status:  AB -  95/03/16  (Article 15,  9 5 / 0 3 / 1 6 )  

AMN -  94/02/04 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 9 5 / 0 3 / 1 6 ,   Hill AFB, UT - Article 1 0 7 .   You did, o/a 28 

Feb 95,  with intent to deceive, make to MSgt -------, an 
official statement, to wit: that your divorce was final, 
which statement was false in that your divorce had been 
filed but not finalized, and was then known by you to 
be so false.  Rdn to AB.  (No appeal)  (No mitigation) 

( 2 )   9 4 / 0 9 / 2 2 ,   Hill AFB, UT -  Article 1 3 4 .   You, did, o/a 

8 Sep 94,  wrongfully consume alcoholic beverages while 
under the age of  21, in violation of  Section 32A-12-209 
of the Utah Code Annotated as assimilated by Section 13 
of Title 18  of the United States Code.  You, were, o/a 
8 Sep 94,  drunk and disorderly.  You, did, o/a 8 Sep 94, 
wrongfully communicate to ------- a threat that "she 
would be messed with by your cop friends who would pull 
her over or whatever," or words to :that effect. 
Forfeiture of $100.00 pay per month for one month, and 
30  days correctional custody  (in excess of  2 9   days 
remitted, 94  Oct 2 1 ) .  
( N o   appeal) (No mitigation) 

e.  Additional: LOR, 02  FEB 95 -  Dereliction of duty. 

LOR, 07  NOV 94  -  False statement. 

f .   CM: 

none. 

g.  Record of SV: none. 

(Dischar9e.d from Hill AFB) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (6) Mos  (12) Das 
TAMS:  (1) Yrs  (2) Mos  (1) Das 

mol-00022 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 00/12/07. 

(Change Discharge to Honorable, Change the RE Code, and Change the Reason 

and Authority for Disch) 

Issue 1:  My youth during enlistment, made foolish, childlike mistakes.  Not 

realizing what a General Discharge under Honorable could do/effecting hopes of 
ever reenlisting. 

Issue 2:  My coming forward about sexual harassment before discharge and 

being told by my  (First Sgt - - - - - - ) that I would be out of the Air Force in 6 
months.  This was never documented or said in front of anyone.  I was afraid to 
come forward after that. 

Issue 3 :   I want to reenlist and prove I belong in the military as a career. 

Issue 4:  If not upgrade my discharge, I wish to upgrade my separation code, 

to allow me entry into the military  (Coast Guard). 

ATCH 
1.  DD Form 149. 

HEADQUARTERS OGDEN AIR LOGISTICS CENTE 

R (AFMC) 

DEPARTMENT OF THE AIR FORCE 

HILL AIR FORCE BASE, UTAI-I 

MEMORANDUM FOR 75 ABW/CC 

FROM:  00-ALCIJAA 
SUBJECT:  Legal Review -- 
5.50.1, and 5.13. 
Squadron 

23 March 1995 

7 

graphs-5-26.3, 
Security Police 

1.  Basis for Action:  On 7 Mar 95, the Commander, 75 SPS, notified the respondent that he was 
recommending her discharge from the service for unsatisfactory performance - failure to progress 
in  on-job-training  (OJT),  pattern  of  misconduct,  discreditable  involvement  with  military 
authorities, and for fraudulent entry under AFI  36-3208, paragraph  5-26.3,  5.50.1, and  5.13.4. 
The Commander recommended an general discharge without probation and rehabilitation (P  & 
R).  This case is being processed by notification letter procedures and the worst characterization 
authorized is a general discharge, 
2.  Evidence for the Commander:  The evidence supporting the commander's recommendation 
consists of the following: 

i 

Failure To Progress in OJT 

a.  On 9 Sep 94, the respondent got an overall score of 62% on her quality control evaluation 
for ARTISRT Member. The minimum passing score is a combined overall score of 80 percent. 
As a result of this failure she was given on duty time to study. 

b.  On  10 Jan 95, the respondent got a 78.5% on her quality control evaluation for ARTISRT 

Member.  As a result of her failure she was given large amounts of on-duty time to study. 

c.  On 26 Jan 95 the respondent failed her quality control evaluation for ART/SRT Member 
She achieved a score of 52 percent on her written portion of the evaluation failing to meet the 
minimum phase I of 70 percent.  The oral portion of her test was not administered because of her 
phase  I  examination  failure.  As  a  result  of  her  failures,  she  was  administered  a  reading 
comprehension test dated 3 1 Jan 95.  Her scores were 33 in part I and 32 on Part 11.  These scores 
exceed the Air Force minimum standard for reading and comprehension. 

Pattern of misconduct- discreditable involvement with military or civil authorities 

d.  On 8 Sep 9 

onsumed alcoholic beverages while under the legal drinking age 
of  21,  w r o n g f u l l w e d  a  threat,  and  was  drunk  and  disorderly.  As  a  result,  she 
received an Article 15, non-judicial punishment, dated 22 Sep 94, comprising a $100 fine and 30 
days correctional custody. 

e.  On  1 Feb 95, she was derelict in the performance of her duties, to wit: she was directing 
As  a  result,  she 

traffic  in  an  unprofessional  manner  while  posted  as  the -sentry. 
received a Letter of Reprimand (LOR), dated 2 Feb 95. 

1 

Fraudulent entry 

f.  On 21  Sep 93, the  respondent signed an Air Force form 2030, USAF Drug and Alcohol 
Abuse certificate, stating that she had never used  or experimented with marijuana, a  statement 
that she knew was false.  As a result, she received an LOR, dated 7 Nov 94. 

3.  Evidence  for  the  Respondent:  Respondent  submitted  her  reply  to  her  discharge  after 
consu It ing counsel. 

7 

Failure to Proeress in OJT 

She states that she has made every effort to pass her quality control checks, which included on 
duty  study  as  well  as  her  off  duty  study.  She felt  that  if  she  did  not  pass  she  would  be 
discharged from the military and that made her very nervous and scared. 

Regarding the  pattern of misconduct, she admits that she was drinking while under the age of 21 
and was drunk and disorderly.  she also states that she tried to walk away from incident, but the 
other person  involved  would  not,  and threatened her on two  separate occasions.  As to being 
derelict in the performance  of her duties, she admits she was  sitting down with her  feet on a 
heater tube.  She states that after being instructed that she shouldn't  sit down when  doing her 
count she didn't  until  traffic cleared.  Therefore she doesn't think that she was behaving in an 
unprofessional manner. 

Fraudulent entry 

Respondent states that she was interviewed, while in correctional custody about fraudulent entry. 
.She admits that the group she was with was smoking marijuana but she did not partake in the 
those activities and doesn't  feel that she lied when  filling out her paperwork when joining the 
military. 

Respondent also included two performance feedback worksheets and two Letters of Appreciation 
for your attention. 
4. Errors or Irrepularities.  No errors or irregularities of legal significance were noted. 
5.  Discussioq:  An  airman may be administratively discharged for unsatisfactory performance 
based  upon  a documented failure to meet Air  Force  standards;  specifically, the  failure of an 
airman to progress in OJT.  In the respondent's case, she failed to pass her ART/SRT three times. 
The Air Force requires the respondent to show progression in her OJT.  In failing to do so, the 
respondent  should  be  discharged.  However,  before  recommending  discharge  action,  the 
commander gave the respondent evety conceivable opportunity to improve.  She was given study 
time during duty hours and was constantly counseled on the need to study both on and off duty. 
Moreover, she was encouraged by  her supervisors and yet still failed to pass her test.  As can be 
seen by the respondent's past performance, giving the respondent P & R in order for her to have a 
forth attempt to pass her OJT is not likely to be productive.  We recommend this as the primary 
reason Tor  discharge. 

Airmen may be discharged for a pattern of misconduct consisting of discreditable involvement 
with military or civil authorities.  In this case, the Respondent was drinking while under the age 
of 2 1, and was derelict in the performance of her duties.  The Respondents actions clearly show 
an attitude and a responsibility level which fall far below the standards required of airman in the 
Air  Force.  Standing alone, however, this  misconduct  would  not  normally  warrant  discharge 

irk 

4 

action.  We therefore advise you  not to use this  as the basis  for discharge, but  note that  this 
information should be considered when determining the characterization of discharge. 
Airmen may be discharged for fraudulent entry into the military.  We are mot satisfied with the 
quality of evidence in this file supporting the allegation.  Therefore, we advise you not to use this 
as a basis for discharge. 
6. Options:  As scparalion authority, you have the following options: 

7 

a.  Order the action terminated; 
b.  Return the action to the squadrori.and order the action be initiated under a more 
appropriate discharge provision  or  under  board  hearing  procedures  (for  a UOTHC  discharge 
characterization); or 

c.  Order  the  respondent  discharged  with  an  honorable  or  general  discharge 

characterization with or without P & R. 
7.  Recommendation:  We recommend that you order the respondent’s separation from the Air 
Force  with an general  discharge  characterization (based upon  the total record)  without  P  & R 
primarily  under  AFR  36-3208, paragraph 5-26.3, for failure to progress  in on-the-job training 
(OJT).  We recommend debarment. 

Attachment: 
Case File 

4 

75TH SECURITY POLICE SQUADRON (AFMC) 

DEPARTMENT OF THE AIR FORCE 
HILL AIR FORCE BASE, UTAH 

7 Mar 95 

MEMORANDUM FOR 
FROM: CC 
SUBJECT: Notification Letter 

1.  I am recommendmg your  discharge from  the  United  States  Air  Force  for  unsatisfactory 
performance  -  failure  to  progress  in  on-the-job  training  (OJT), pattern  of  misconduct  - 
discreditable involvement with military authorities, and for fiaudulent entry.  The authority for this 
action is AFI 36-3208, paragraphs 5.26.3, 5.50.1, and 5.13.4. 
2. My reasons for this action are: 
Failure to promess in OJT 

a.  On or about 9 Sep 94, you failed your quality control ev\aluation for ART/SRT Member. 
The minimum passing score is a combined overall 80 percent; you achieved an overall score of 62 
percent.  As a result of this failure you were given on duty time to study. 

b.  On or about 10 Jan 95, you failed your quality control evaluation for ART/SRT Member. 
The minimum passing score is a combined overall 80 percent; you achieved an overall score of 
78.5 percent.  As a result of your failure you were given large amounts of on-duty time to study. 
c.  On or about 26 Jan 95, you failed your quality control evaluation for ART/SRT Member. 
You achieved a score of 52 percent on your ~ t t e n  portion of the evaluation failing to meet the 
minimum phase I of 70 percent.  The oral portion of your test was not administered because of 
your phase I examination failure.  As a result of your failures,  you were administered a reading 
comprehension test dated 31 Jan 95.  Your scores were 33  in part I and  32 on part  II.  These 
scores exceed the Air Force minimum standard for reading and comprehension. 
Pattern of misconduct - discreditable involvement with militarv or civil authorities 

d.  On or about 8 Sep 94, you consumed alcoholic beverages while under the legal drinking 
age of 21, wrongfully communicated a threat, and were drunk and disorderly.  As a result, you 
received Article 15, nonjudicial punishment, dated 22 Sep 94, comprising a $100 fine and 30 days 
correctional custody. 

e.  On or about 1 Feb 95, you were derelict in the perfomance of 
were directing t r a c  in an unprofessional manner while posted as the 
result, you received a Letter of Reprimand (LOR), dated 2 Feb 95. 
Fraudulent entry 

s,  to wit:  you 
sentry.  h a  

f  On  or about 21 Sep 93,  you  signed an Air  Force form 2030, USAF Drug and  Alcohol 
Abuse Certificate, stating that you had never used or experimented with m&juana,  a statement 
that you knew was false.  As a result, you received an LOR, dated 7 Nov 94. 

3.  If my recommendation is approved, your service will be characterized as honorable or general, 
I am recommending that your service be characterized as general. 
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. 
4.  You have the right to counsel.  Military legal counsel has b 
made an appointment for you to consult the Area Defense Counse 
9 Mar 95  at  0900.  You may consult civilian counsel at your own expense. 
5.  You  have  the  right  to  submit  statements in  your  own  behalf within 3  duty  days.  Any 
statements you want the separation authority to consider must reach me b  10 Mar 95  unless 
authority. 
6.  If  you  fail to consult counsel or to submit  statements in your  own b e h a  your failure will 
constitute a waiver of your right to do so. 
7. Your physical examhation was initiated on 6 Mar 95, at the Hill Ah3 Hospital Physical Exams 
section. 
8.  Any personal information you hrnish in 
explained in MI 36-3208, attachment 2.  A copy of 
U&t Orderly Room. 

you request and receive an extension for good cause shown.  I will send t x em to the separation 

7 

Attachments: 
1.  Supporting Documentation 
a.  AF Form 803,9 Sep 94 
b.  AF Form 803,lO Jan 95 
c.  AF Form 803,26 Jan 95 
d.  AF Form 3070,22 Sep 94 
e.  LOR, 2 Feb 95 
f LOR, 7Nov 95 

2.  Airman's Receipt of Notification Letter