AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 
FD-01-0003 1 

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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:  Upgradeolischarge 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 applies to the applicant’s post-service activities. The DRB was pleased to see that the applicant is doing 
well.  However, no inequity or impropriety in his discharge was found in the course of the hearing.  The records 
indicated the applicant received an Article 15, a Letter of Reprimand, a Letter of Admonishment, and a Record 
of Individual Counseling for misconduct.  The misconduct included failing to go to his appointed place of duty 
on two occasions, failing to show respect to two commissioned officers during a board hearing in which he a 
witness, and wearing earrings on an USAFE installation.  The DRB opined that through these administrative 
actions, the applicant had  ample opportunities to change his negative behavior.  If he  can provide additional 
documented information to substantiate an issue, the applicant should consider exercising his right to make a 
personal  appearance before  the  Board.  If  he  should  choose to  exercise his  right to  a  personal  appearance 
hearing, the applicant should be  prepared to provide the DRB with  factual evidence of the inequity and  any 
exemplary post-service accomplishments as well as any contributions to the community.  The Board concluded 
the  misconduct  was  a  significant  departure  from  conduct  expected ‘of  all  military  members.  The 
characterization of the dissharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was  19 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was as old as the 
vast majority of first-term members who properly adhere to the Air Force’s standards of conduct.  The DRE3 
concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct. 

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

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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 AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD-01-00031 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 86/04/21 UP AFR 39-10, 
para  5-46  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 66/08/10.  Enlmt Age: 18 0/12.  Disch Age:  19 8/12 
AFQT: N/A.  A-27,  E-61,  G-48,  M-91. PAFSC: 42652 -  Jet Engine 
DAS: 85/05/09. 

Educ:HS DIPL. 
Mechanic . 

b.  Prior Sv: AFRes 84/08/13 -  84/12/11 (3 months 29 days) 

Inactive). 

3.  SERVICE UNDER REVIEW: 

”. 
a. 

b. 

c .. 
d. 

Enld as AB 84/12/12 for 4 yrs.  Svd: 1 Yrs 4 Mo 10 Das, all AMs. 
Grade Status:  AB -  86/03/10 (Article 15, 86/03/10) 

AMN  -  85/06/12 

Time Lost:  none.  . 
Art 15’s: *  ( 1 )   86/03/10, RAF  Bentwaters, England -  Article 86.  You 

did, o/a 2 Mar 86, w/o authority, fail to go at the time 
prescribed to your appointed place of duty.  Rdn  to AB, 
and 30 days correctional custody.  (No appeal) 
(No mitigation) 

e .  

Add 

tional: LOA, 21 FEB 86 -  Failure to go. 

LOR/UIF/CONTROL ROSTER, 26 FEB 86 -  Wearing earrings on 
USAFE  3 3 0 ,   05 MAR 86 -  Failure to diplay proper decorum in 

base. 

t 

a board hearing. 

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.L - 

f .  

g -  

_ *  

none. 

CM : 
Record of SV: 84/12/12  85/12/11  RAF  Benwaters  8 

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(Discharged from McGuire AFB) 

(Annual) 

h. 

i. 

Awards &  Decs:  AFTR. 
Stmt of  Sv:  TMS:  (1) Yrs  (8) Mos  (9) Das 
TAMS:  (1) Yrs  (4) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD E’m  293) dtd 00/12/21. 

(Change Discharge to Honorable) 

FD01-00031 

Issue 1:  I am applying to have my "General; L-ider Honorale Conditions" 

discharge upgraded to an "Honorable Discharge".  I am currently enrolled at ---- 
_--  University in --------  and have been working towards my Bachelors Degree in 

-- T r i m i n a l  Justi-ce-or 

2 years now. 

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I am currently applying for Police Officer jobs  in many different cities and 
states, and during this application process I am finding that many of the police 
-departments require an "Honorable Discharge" only, therefore immediately 
disqualifying me with my "General Discharge".  I feel that I am an honorable 
citizen with the highest morals and ethics.  I am engaged to be married in 
February 2001 to a wonderful woman whom also holds the same values as myself. 

When I was enlisted in 1984-1986, I was 18-19 years old and was very young, and 
young at heart as many men and women are at that age.  Back then I wore 
earrings, in civilian clothes only.  Now as we are 13 days away from the year 
2001, many people  (including a U.S.  Army recruiter I am currently in contact 
with) are stunned to know that the U . S .   Air Force would not only discharge a man 
for wearing earrings, but for wearing them in civilian clothes is even more 
surprising. 

I want to be able to be proud of my military service and to be able to pursue 
the career that I have been dreaming of for years, to be able to apply for 
police jobs with an "Honorable Discharge",  Please consider my request for an 
upgrade to my discharge.  Thank you. 

XTCH 
1. Letter to the Discharge Review Board. 
2. Two Character References. 

01/01/31/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 81ST TACTICAL FIGHTER WING (USAFE) 

A W  NEW  YORK  09756-6000 

REPLY TO 
ATTN  OF: 

JA 

SUBJECT: 

I- ~ 

6 

10: 

81 TFW/CC 

Adnini strative  Discharge  ( A  

4  April  1986 

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I  have  reviewed  the  administrative  discharge  f i l e  i n   the  case  of  AB- 

and  f i n d   i t  legally  sufficient  to  support  h i s  discharge  from  the 

1. 
A i  r  Force. 
2.  BASIS  FOR  THE  ACTION:  Respondent's  commander  has  initiated  this  discharge 
under  the  provisions  of  AFR  39-10,  Section  H,  paragraph  5-46  (misconduct/minor 
disciplinary  infractions).  A  general  discharge  without  probation  and 
rehabil i tation  i s  recomnended. 
3.  SUMMARY  OF  THE  EVIDENCE: 
a.  For  the  Government: 

1)  AB 
punishment  on 
correctional  custody.  However,  AB- 
correctional  custody,  then  asked  to be  discharged  from  the  Air  Force  instead 
of  continuing  i n  correctional  custody. 

ailed  t o  go  on 2  March  1986.  He  received  Article  15 
86,  was  reduced  to  Airman  Basic  and  given  30  days 

spent  only  three  hours  i n  

2)  Durjng  a  5  March  1986  discharge board  hearing  i n  which  he  was  a 

witness,  respondent  was  counseled  by  the  legal  advisor  for  h i s   failure  to  show 
respect  to  counsel,  both  commissioned  officers,  when  answering  their 
m i  1 i tary  bearing . 
questions.  He  also  slouched  and  mumbled,  demonstrating  a  complete  lack  of 

3 )   Respondent  wore  an  earring  on  base  on  22  February  1986.  He  had 
been  repeatedly  advised  since  September  1985  that CINCUSAFE  had  issued  a 
policy  letter  against  the  wearing  of  earrings on  USAFE  installations  b j  male 
Air  Force members,  i n  or out  of  uniform.  He  received  a  l e t t e r  of  reprimand 
and  UIF  entry. 

-- 

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4)  Respondent  failed  to  go  to  a  scheduled dental  appointment  on  31 
January  1986,  for which  he  received  a  l e t t e r  o f   adnonishment  on  21  February 
1986. 

-- 

b.  For the  Respondent: 

1)  Respondent  is  19 years  old  and  has  served  on  active duty  since  12 

December  1984.  His AQE  scores  are M-91,  A-27,  6-48,  E-61.  His  only  overall 
APR  rating  is an  8. 

2)  Respondent  did  n o t   submit  matters  for your  consideration. 

Rigbt People.  Right Mission.  Right Mow. 

__ 

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4.  DISCUSS ION : 

a .   Airmen  who  engage  i n   a  pattern  of  misconduct 
di ,zip1 inary  infractions a r e   subject  t o  discharge. 
go,  refusal  t o  stay  i n  correctional  custody,  earring 
show  respect  i n  a  board  hearing  c o n s t i t u t e   such  a  pat 
discipl i n a r y i n f r a c t i o n s .   He  is  subject  t o  discharge. 

-- 

I 

__ 
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b.  Discharges  under  paragraph  5-46  are  normally  characterized  a s  general. 

A1 though  an  under  other  than  honorabl e conditions  (UOTHC 1 discharges  are 
theoretically  authorized,  i t  is hard  t o   imagine  a  scenario  i n   which  i t  would 
be  appropriate  f o r  minor  disciplinary  infractions.  This  i s  certainly  not one 
of  them. 
consciously  f a i l e d   t o  meet  Air  Force  standards,  detracting  from  his  overall 
record.  He  deserves  a  general  discharge. 

An  honorable  discharge  is a l s o   inappropriate.  Respondent  has 

c.  Probation  and  rehabilitation  a r e  not  appropriate  f o r   AB 
He 
onal 
was  given  an  opportunity  f o r  r e h a b i l i t a t i o n  when  he  was  placed 
custody.  However,  he  asked  t o   be  released  from  correctional  custody  and  to  be 
discharged  from  the  Air  Force. 
Air  Force  resources  and  damaging  t o   discipline  i n  the  Wing. 

Retention  i n  any  status would  be  a  waste  of 

d.  You  as  Separation  Authority,  may: 

a.  direct  the  respondent  be  retained  i n   the  Air  Force,  o r ;  
b.  direct  the  respondent  be  separated  from  the  Air  Force  w i t h   a 

general  di scharge,  either  w i  t h  o r  wi thout  probation  and  rehabi 1 i tation,  o r ;  

c. 

reqomnend  t o  3AF/CC  t h a t  respondent  be  separated  w i t h   an  honorable 

discharge  w i t h   o r  without  probation  and  rehabil i t a t i o n ,   o r ;  

d.  direct t h a t  the  case  be  referred  to  i board  o f  o f f i c e r s   if  you 

feel  a  discharge  under  other  than  honorabl e conditions may  be  warranted. 
5.  RECOWENDATIONS:  That you  direct  AB 
Force  with  a  general  discharge  under  paragraph  5-46  of  AFR  39-10,  and  t h a t  he 
If  you 
not  be  offered  further opportunities  f o r   probation  and  rehabil i tation: 
do  n o t  reconmend  probation  and  rehabi 1 i tati on  you  must  expl ain your  reasons 

be  separated  from  the  Air 

FROM:  81  EMS/CCQ 
SUBJECT:  Letter of Notification 

TO:  AB 

21MAR  1986 

I am  recommending your  discharge  from  the  United  States Air Force  for 
1 .  
conduct  prejudicial  to  good  order  and  discipline.  The  authority  for  this 
action  is  AFR  39-10,  section H,  paragraph  5-46. 
If my  recommendation is 
approved, your  service will be  characterized as honorable o r   general.  I am 
recommending that your service be characterized as general. 

___ 

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2.  My reasons for this action are: 

a.  On 21  Feb 86,  you received a letter of admonishment for failure to go 

to a scheduled dental exam. 

b.  On 26  Feb 86,  you received a letter of reprimand, UIF, and  Control 

Roster for wearing earrings on base. 

c.  On 5  Mar 86,  you received a  USAFE 330 from 

Judge Advocate, for failure to display proper deco 

Deputy Staff 

earing . 

d.  On  10  Mar 86,  you received an Article  15 for fail to go.  You were 
reduced to AB and ordered to undergo 30 days correctional custody.  On 14  Mar 
86,  you entered correctional custody, only to walk out within 3  hours. 
Copies of the documents to be forwarded to the separation authority in support 
of  this  recommendation are  attached.  The  Commander, 81  TFW,  or  a higher 
authority, will decide whether you will be  discharged o r   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 Force. 

3-  You have  the right to consult counsel.  Military legal counsel has been 
otained  to  assist you.  I have  made  an  appointment for you to  consult Capt 
hours. 

building  57, RAP  Bentwaters on  d r m ~ ~  
nsult civilian counsel at your own expense. 

at  J4 30 

You  have  the  right  t o   submit  statements  in  your  own  behalf. 

Any 
4. 
statements you  want  the  separation authority  to  consider must  reach  me  by 
unless  you  request  and  receive  an  extension  for  good  cause 
36m&g.d& 
shown.  I will send them to the separation authority. 

* 

If you fail t o  consult counsel or to submit statements in your own$t-ehalf, 

5. 
your failure wiill constitute a waiver of your right to do  so. 

-_ 
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_. 

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6.  You have ?Wen scheduled for a medical examination.  You must repGr3-to the 
Clinic in uniform, at  0715  hours on ~ A L L .
7. 
Act Statement as explained in AFR 39-10,  attachment 6. 
,available for your use in the unit orderly room. 

Any personal information you furnish in rebuttal is covered by the Privacy 
A Copy of A’PR  39-10  is 

 

8.  Execute the attached acknowledgement and returnit to me immediately. 

-. 

~. 

_- 

T H I S   DOCUMENT  CONTAINS  PERSONAL  DATA. 
O F F I C I A L   PURPOSES  AND  TO  UNAUTHORIZED  PEOPLE 
PRIVACY  ACT. 

DISCLOSURE  OF  SSAN  FOR  OTHER  THAN 
IS  PROHIBITED  BY  AFR  12-35, 

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