AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE  FDO 1-00025 

I 

CASE NUMBER 

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. 

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 issue is listed in the attached brief 

Issue:  The applicant feels like he served his country with the best of intentions and wishes to receive his 
G.I. Bill so that he can go back to school.  The Board reviewed the record and concluded the conduct for 
which applicant was discharged was a significant departure fiom the conduct expected of all military 
members.  The applicant had a conviction in a civilian court for assault.  He received a Letter of Counseling 
for leaving his workstation without authority and failing to properly account for his tools.  He received two 
Letters of Reprimand, one for failing to report to his place of duty and one for cruelty to a child. No 
inequity or impropriety in his discharge was suggested or found in the course of the records review. 
many.offenses of the applicant amqunted to an overall serious problem that could not be tolerated. The 
Board concluded that the character and reason for discharge were appropriate due to his misconduct. 

The 

The Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of 
discharge. 

1 

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the 
prbcedural and substantive requirements of the discharge regulation and was within the discretion of the 
discharge authority and that the applicant was provided hll administrative due process. 

In view of the foregoing findings the board hrther 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 

?WDREWS AE'B,  MD 

FD-01-00025 

(Former SRA) 

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'1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/03/27  UP AFI 36- 3208, 
para 5 . 5 0 . 2   (Misconduct -  Conduct Prejudicial to Good Order and Discipline). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 7 5 / 0 4 / 1 5 .  

AFQT: N/A.  A-51,  E-54, 
Journeyman. DAS: 9 9 / 0 5 / 0 3 .  

Enlmt Age:  1 7   5 / 1 2 .   Disch Age: 24  1 1 / 1 2 .   Educ:HS DIPL. 
G - 4 1 ,   M-53.  PAFSC: 2A353B  -  TAC Aircraft Maintenance 

b.  Prior Sv:  (1) AFRes 9 2 / 0 9 / 2 3   -  93/08/12 

( 1 0  months 20  days)(Inactive). 

all AMs. 
inactive.  AMN -  9 4 / 0 2 / 1 3 .  

Transferred to USAFR 9 7 / 0 8 / 1 3 .  

A1C -  9 4 / 1 2 / 1 3 .  

EPRs: 4 , 5 .  

( 2 )   Enld as AB 9 3 / 0 8 / 1 3   for 4  years.  Svd: 4  yrs 0 mos 0 das, 

Svd: 0 yrs 1 0  months 11  das, all 

3.  SERVICE UNDER REVIEW: 

a.  Reenld USAF as SRA  9 8 / 0 6 / 2 4   for 4  yrs.  Svd: 1 Yrs 9  Mo 4  Das, of which 

AMs is 1 yr 9  mo 1 day  (excludes 3 days lost time). 

b.  Grade Status:  SRA -  9 7 / 0 6 / 1 9  

c.  Time Lost:  9 9 / 0 1 / 1 1   -  9 9 / 0 1 / 1 3   ( 3  days). 

d.  Art 15's:  none. 

\ 

a 

e. ,  Additional: LOR, 20  NOV 98  -  Dereliction of duty. 

LOCI 20  NOV 98  -  Failure to account for all tools. 
Civilian Conviction, 15  NOV 9 9   -  Battery. 
LOR, 2 3   NOV 99  -  Act of cruelty. 

f.  CM:  none. 
g .   Record of SV: 9 8 / 0 6 / 2 4  

9 9 / 0 6 / 2 3   Moody AFB 
(Discharged from Moody AFB) 

3  (Annual) 

h.  Awards &  Decs:  AFLSAR, AFTR, SWASM W / 1   SS, NDSM, AFEM W / 1   SS, AFOUA 

W / l   OLC, AFGCM W / 1   OLC. 

i.  Stmt of Sv:  TMS:  ( 7 )   Yrs  (6) Mos  ( 8 )   Das 
TAMS:  ( 5 )   Yrs  ( 9 )   Mos  ( 7 )   Das 

4.  aASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 0 0 / 1 2 / 1 4 .  

(Change 

Discharge to Honorable) 

I wish to upgrade my disch rge from General  (Under Honorable 

Issue 1 
Conditions) 
to Honorable.  I fee like I served my country with best intentions 
and wish to have the opertunity (sic) to receive my VA Benefits (GI Bill) that 
were assured to me on my discharge.  I only wish to go school and one day maybe 
(if possible) serve my country again.  Which I enjoyed so dearly. 

ED01 -00025 

ATCH 
1. DD Form 214. 

01/01/23/ia 

DEPARTMENT OF THE AIR  FORCE 

nuoqrrnmlts 34m wiwc (ACC) 
MOODY AIR  FORCE IME. CEOR611 

2 Mar 00 

MEMORANDUM FOR 347 WG/CC 

FROM:  347 WGIJA 

arge: 

-. 

arge and find it legally sufficient.  On 3 1 Jan 
ommended that the respondent, SrA dlld be 
der other than honorable conditions 
(UOTHC) discharge under the authority of AFI 36-3208, paragraph 5.50.2, for a pattern of 
misconduct (conduct prejudicial to good 
took action on 68 FS/CC's recommendat 

pline).  On 2 Feb 00, before 347 WG/CC 
ffered to waive his right to a discharge 

neral) discharge.  On 29 
be accepted and that 
does not recommend a 

program of probation and rehabil 

2.  In reviewing this action, I find there is a legally sufficient basis to separat-from 
Air Force with a gen 
sufficient basis to sep 

the 
out P&R, as recommended.  I also find there is a legally 

the Air Force with a UOTHC discharge. 

a.  Basis for discharge:  AFI 36-3208, paragbph 5.50.2, states that airmen are subject to 

discharge for conduct prejudicial to good order and discipline, which is defined as conduct that 
tends to disrupt order, discipline, or morale within the military community.  This category of 
conduct also includes that which causes dissent, disruption, and degradation of mission 
effectiveness, as well as conduct that tends to bring discredit on the Air Force in the view of the 
civilian community.  In this cas-isconduct 
includes failure to go to his appointed 
place of duty, leaving his assigned workstation without making an accurate account of his tools, 
criminal assault, and cruelty to a child.  These acts of misconduct resulted in one Letter of 
Counseling (LOC), two Letters of Reprimand (Lob), a conviction for battery in Lowndes 
County, Georgia and a prosecution for child abuse pending in the Lowndes County court system 
(see Tab 3, Notification Memorandum, atch 1, for additional details). 

b.  Should- 

discharged? In determining whether-hould 

be discharged, 

you may consider the nature of the offenses and the circumstances surrounding their commission. 

saulted his girlfriend, who is now his wife.  He was convicted of 
2 months confinement and a fine of $250.00.  He served 3 days in 

confinement and was placed on probation fo 
conviction, fine, confinement, and probatio 
26 Oct 99, he repeatedly hit his stepdaughte 

of his sentence.  Despite this 
rpetrated another domestic assault.  On 
injuries that required tre 
1 Jan 00 memorandum recommending dischar 
ieve that his actions bring discredit to the Air 
and safety of his family and Air Force standards.”  I concur. 
isconduct and his response to the consequences of his 

misconduct demonstrate an unwillingness to conform to Air Force standards.  Consequently, he 
should be administratively discharged. 

c.  Service characterization:  There is a legally sufficient basis to discharg 

general or a UOTHC discharge.  AFI 36-3208, paragraph  1.18.3, states that characterization of an 
airman’s service as UOTHC is warranted when the airman’s acts or omissions constitute a 
significant departure fkom the conduct expected of airmen.  Examples of such behavior, acts, or 
omissions include: 

th a 

1. 
2. 
3. 
4. 
5. 

6. 

The use of force or violence to produce serious bodily injury or death; 
Abuse of a special position of trust; 
Disregard by a superior of customary superior-subordinate relationships; 
Acts or omissions that endanger the security of the United States; 
Acts or omissions that endanger the health and welfare of other members of the Air 
Force; and 
Deliberate acts or omissions that seriously endanger the health and safety of other 
persons. 

s resulted in his arrest and convict 

ignificant departure fkom the conduct 
m the Air Force with an under other than 
. Air Force Instruction 36-3208, paragraph 

treatment at a hospital.  These acts o 
expected of airmen.  Therefore, rem0 
honorable conditions (UOTHC) disc 
1.18.2 states that an under honorable conditions (general) discharge is warranted when 
significant negative aspects of the airman 
isconduct, as described above clearly 
aspects of the airman’s military record 
outweighs any positive aspects of his record.  Since the more negative characterization of 
UOTHC is warranted by these facts, a general discharge is also legally supportable.  The 68 
FS/CC recommends that 347 WG/CC accept the conditional waiver and that 347 WG/CC 
recommend 9AF/CC approve a general discharge without P&R.  For reasons stated in paragraph 
3 below, I concur with acceptance o-nditional 

t or performance of duty outweigh positive 

waiver and general discharge. 

d.  P&R:  AFI 36-3208, paragraph 7.3, states tha  P&R may be offered to airmen who have 

demonstrated a potential to serve satisfactorily, have the capacity to be rehabilitated for 
continued military service or completion of the current enlistment, or whose retention on active 
duty in a probationary status is consistent with the maintenance of good order and discipline in 
as recommended that P&R not be offered.  According to 
emorandum “If a civilian conviction, confinement and a 

were not sufficient to encourag 
likelihood that P&R will be successful.”  I agree. 

and (LOR) and a prior Letter of Counseling (LOC) 
to meet Air Force standards, there is no reasonable 

servgd for more than 
e board.  After con 
serted his right to a board.  On 2 Feb 0 
if he was grante 

s entitled to a hearing 
Area Defense Couns 
a conditional waiver 
nditions (general) discharge. 

Under the circumstances of this case, acceptance of the conditional waiver is recommended. 

waiver would facilitate a rapid discharge 
9 Feb 00  recommendation,^ co 

the serious nature all 

allegations.  Third, the sole witness of both assaults is SrA 
o has not been cooperative with our efforts to discharge SrA 

FCS to provide us with 

s misconduct, we recommend you 
accept the conditional waiver and recommend thh 9 M/CC approve a general discharge for SrA 

!dimm 

4 

hysical examination is not yet complete.  However, AFI 36-3208 allows 

4. 
prw-volytary 
is then held in abeyance until the member is found medically qualified for world\arideduty. 
5.  As the Special Court-Martial Convening Authority, you have the following options: 
- 

discharges to continue until actual separation.  Any approved discharge 

+ 

a.  Retain the Respondent. 

b.  Reject the conditional waiver and give the member the option of either submitting an 

unconditional waiver or requesting a board hearing. 

c.  Recommend that 9 AFKC acc 

onditional waiver and approve an under 

honorable conditions (general) discharge with or without the opportunity for P&R. 

RECOMMENDATION 

6.  Recommend that 9 AFKC accept 
honorable conditions (general) discha 
proposed letter at Tab I .  

conditional waiver and approve an under 
the opportunity for P&R by signing the 

DEPARTMENT OF THE AIR  FORCE 

IIEADQMRTEM 34Tlll WIN6 (A@) 
MOODY  AIR  FORCE BASE,  6EORcll 

MEMORANDUM F 

FROM:  68 FS/CC 

SUBJECT:  Notification Memorandum 

I 

- 

1. I am recommending your discharge from the United States Air Force for a pattern of misconduct 
(prejudicial to good order and discipline).  The authority for this action is AFI 36-3208, paragraph 
5.50.2. 

2.  My reasons for this action are as follows: 

a.  An investigation disclosed that, on or about 13 Nov 98, you failed to report for duty.  For this 
offense, you received a Letter of Reprimand (LOR), dated 20 Nov 98 (Atch 1 a). 

b.  On or about 17 Nov 98, you departed your assigned workstation without making an accurate 
account of all your tools, to wit: ear protectors.  For this offense, you received a Letter of 
Counseling (LOC), dated 20 Nov 98 (Atch lb). 

c.  On or about 11 Jan 99, you intentionally caused substantial physical harm to an individual. For 
this offense, you pled guilty and received a civilian conviction for committing battery (domestic 
violence) as documented by 
punishment included confin 
balance was probated; and a $250.00 fine.  Furthermore, you were ordered to attend @e Domestic 
Violence Intervention Project and to have no violent con 
result of this incident, you were issued a written order 
refrain from any unsupervised contact with the victim 

State Warrant (Atch IC).  Your 
service of 3 days in confinement, the 

to 

~ 

I 

d.  An investigation disclosed that, on or about 26 Oct 99, you committed an act of cruelty upon a 
child by repeatedly hitting your stepdaughter causing her to suffer injuries which were treated at the 
en no contact order, dated 28 O c 5 A t c h  le) 
refiain from any contact with your3epdaughter 

LOR, dated 23 Nov 99 (Atch 10. 

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3.  This action could result in your separation with an under other than honorable conditions 
discharge.  I am recommending that you receive an under other than honorable conditions 
discharge.  The commander exercising Special Court-Martial (SPCM) jurisdiction or a higher 
authority will make the final decision in this matter.  If you are discharged, you will be ineligibl  for 
reenlistment in the Air Force and will probably be denied enlistment in any component of the armed 
forces, and any special pay, bonus, or education assistance funds may be subject to recoupment. 

4.  You have the right to: 

9toGal' Pow.=% foz  d m e z i c a  

a.  Consult legal counsel; 

b.  Present your case to an administrative discharge board; 

c.  Be represented by legal counsel at a board hearing; 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing; 

e.  Waive the above rights.  You must consult legal counsel before deciding to waive any of 

your rights. 

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1 has been obtained to assist you.  I 
5.  You have the right to consult counsel. 
in Bldg 5 107, extension 342 1, at 
have made an appointment for you to consul 
1300 on 6 Dec 99.  Please take your copy of 
orandum and the attachments 
with you to your first appointment with counsel.  Instead of the appointed counsel, you may have 
another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 5 1-201.  In addition to military counsel, you have the right to employ 
civilian counsel.  The Air Force does not pay expenses incident to the employment of civilian 
counsel.  Civilian counsel, if employed, must be readily available. 

6.  Confer with your counsel and reply, in writing, within seven (n workdays, specifLing the rights 

you choose to exercise.  The statement must be signed in the presence of your counsel, who will 
also sign it. If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I will send the statements to the discharge authority 
with the case file to be considered with this recommendation.  If you fail to respond, your failure 
will constitute a waiver of the right to a board hearing. 

7.  You have been scheduled for a medical examination.  qou must report to the Moody Air Force 
Base Hospital, Physical Exams Section, Bldg 3296, at 1400 on 6 Dec 99 for the examination.  Then 
on 9 Dec 99.  Thes are mandatory appointments.  Be 
report to the Flight Surgeon’s ofice at 
sure to bring your medical records to these ahpointments. 

8.  Any personal information you h i s h  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. 

~ 

9.  If you request a board and you fail to appear without good cause, your failure -  -.-- 
constitutes a &iG5  of your right to be present at the hearing. 

t o s a r  

- 

- 

_ _  

10.  The disckrge board or the discharge authority will make the finding and recommendations 
required under 10 U.S.C. 2005(g). 

- 

1 1. 

Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  LOR, 20 Nov 98 
b.  LOC, 20 Nov 98 
c.  State Warrant, 12 Jan 99 (w/atch) 
d.  No Contact Order, 13 Jan 99 (w\atch) 
e.  No Contact Order, 28 Oct 99 
f.  LOR, 23 Nov 99 

2.  Receipt of Notification Memorandum