AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBbK 
FD-0 1-00035 

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. 

i 

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. 

Issues  1-3 are similar in nature and will be  addressed jointly.  Applicant contends discharge was inequitable 
because  it was too  harsh-that  she received relatively  little counseling, had  never  been  counseled  for  duty 
performance, and upon receiving a reduction in rank her rebuttle to the new commander was never reviewed. 
The records indicated the applicant received two Letters of Reprimand, three Records of Individual Counseling 
and one Verbal Counseling for misconduct.  The misconduct included failing to obey a direct order and lying to 
a non-commissioned officer, having several discrepancies regarding the wear of her uniform, failing to go to her 
appointed place of duty on time on several occasions, having an unprofessional attitude and failing to follow 
directions, receiving a traffic ticket for inattentive driving, and not completing her Career Development Course. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change her 
negative behavior.  There was no evidence in her records that she was demoted and a rebuttle was processed. 
There was  indication that  she was not  recommended  for promotion to  E-4 due to  a history of  sub-standard 
performance, behavior and improper wear of uriiform.  If she can provide additional documented information to 
substantiate an issue, the qpplicant should consider exercising her right to make a personal appearance before 
the Board.  If she should choose to exercise her right to a personal appearance hearing, the applicant should be 
prepared  to  provide  the  DRE3  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 discharge 
received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  copsistent  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  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-01-00035 

(Former A1C) 

.t  - 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/08/16 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

~~ 

2.  aACKGROUND: 

a. DOB: 78/05/26.  Enlmt Age: 18 2/12.  Disch Age: 22 2/12. Educ:HS DIPL. 

AFQT: N/A.  A-68,  E-64,  G-55,  M-48. PAFSC: 4C051 -  Mental Health Service 
Journeyman. DAS: 97/07/28. 

b.  Prior Sv: AFRes 96/08/06 -  97/02/04 (5 months 2 9   days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a. 

Enld as AB 97/02/05 for 4 yrs.  Svd: 3 Yrs 6 Mo 12 Das, all AMs. 

b. 

Grade Status:  A1C  -  98/06/05 

AMN -  (EPR Indicates): 98/10/05-99/10/04 

C. 

Time Lost:  none. 

d. 

Art 15's:i  none. 

e. 

Additional: LOR, 31 MAR 00 -  Failure to obey order &  lying. 

LOR, 22 OCT 99 -  Uniform violations. 
RIC, 10 AUG 99 -  Failure to go. 
RIC, 22 MAY 98 -  Late for duty/unprofessional 
VBC, 26 MAY 00 -  Traffic ticket. 
RIC, 09 JAN 98 -  Failure to complete CDC. 

attitude/failure to follow directions. 

f. 

CM:  none. 

g -  

h. 

i. 

Record of SV: 97/02/05  98/10/04  Lackland AFB  4  (Initial) 

(Discharged from Lackland AFB) 

Awards &  Decs:  AFTR, AFOUA W/1 BOLC, AFGCM. 
Stmt of Sv:  TMS:  (4) Yrs  (0) Mos  (11) Das 
TAMS:  (3) Yrs  (6) Mos  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/09/14. 

(Change Discharge to Honorable) 

Issue 1:  I served 3.5 years on active duty.  I had relatively little 

councelling (sic) during my enlistment. 

Issue 2:  I have never been councelled (sic) for duty preformance  (sic). 

Issue 3:  Upon receiving a reduction in rank I submitted a rekpttle that 

included several character referances (sic) from co-workers.  My commander 
"lost" my rebuttle, as well as my P I F   and my training folder.  My section had a 
change of  command and my new command did not review my paperwork. 

E'DO1-00035 

ATCH 
none. 

01/02/01/ia 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION  AND TRAINING  COMMAND 

MEMORANDUM FOR 37 TRW/CC 

FROM:  37 TRW/JA 

SUBJECT: 

27 lul00 

t 

1.  Authoritv for Action:  We have reviewed the attached administrative discharge 
package in accordance wi 
t is legally sufficient to support a 
finding that the responde 
is subject to discharge for 
Misconduct-Minor Disciplinary Infractions, under AFI 36-3208, Chapter 5, 
paragraph 5.49.  The proposed discharge is supported by a preponderance of the 
evidence, and there are no errors that prejudice a substantial right of the Respondent. 
All further paragraph references are to AFI 36-3208 unless specifically stated otherwise. 

2.  Respondent’s Militarv Record:  Respondent has been on active duty since 5 Feb 97. 
Her initial enlistment expires on 4 Feb 01.  She is not entitled to an administrative board 

time in service, grade, or other factors, pursuan 
been stationed at Lackland AFB since 28 Jul9 
ance report (EPR).  Her EPR, which closed out 

overall 3.  Her awards and decorations include the Air Force Good Conduct Medal, Air 
Force Outstanding Unit Award, and Air Force Training Ribbon. 

3.  Respondent’s  Response:  Respondent has waived her right to consult counsel and 
submit statements. 

.( 

4.  Analysis: 

a.  Basis and Pi-oprie@ of Discharge:  AFI 36-3208, paragraph 5.49, authorizes 
the involuntary separation of airmen who engage in a pattern of misconduct involving 
violations of nonpunitive regulations or minor offenses under the UCMJ.  Accordiisg to 
the instruction, the subject misconduct will have ordinarily resulted in informal or formal 

ters of reprimand, or nonjudicial punishment under Article 15, UCMJ. 
personnel files are replete with documented examples of misconduct. 
is specifically characterized by failing to obey an order, discrepancies in 

the wear of her uniform, failures to go, unprofessional behavior  q d  a traffic violation. 
As a result of these various instances of misconduc-eceived 

a verbal 
f Individual Counseling, and two Letters of Reprimand. 
eived repeated notice, through the aforementioned adverse 
f the UCMJ an 
continued to engage in misconduct.  Becaus 
involves recurrent violations of Air Force standards and minor UCMJ offenses, she may 
be lawfully separated pursuant to AFI 36-3208, paragraph 5.49. 

s were unacceptable, she---’ 

pattern of misconduct 

b.  Characterization qfDischarge:  The possible service characterizations in this 

case are Honorable, Under Honorable Conditions (General), and Under Other Than 
Honorable Conditions (UOTHC).  The initiating commander recommends a General 
service characterization. Characterization of service as General is appropriate when 
significant negative 
or her military recor 
from accepted beh 

's conduct outweigh the positive aspects of his 
ndeterred misconduct is a significant departure 
consequently overshadows any identifiable 

of her military record.  These significant negative aspects of 
conduct cl 
aracterizat 

sitive aspects of her military recora 
s service as General is appropriate. 

? 

c.  Probation and Rehabilitation (P&R): I concur with 859 MSGS/CC that 
squadron gave 
id not take advantage 
e is no reason to 

ilitation is not appropriate 
opportunity for rehabilita 
s as shown by her repeated 

believe that further rehabilitative efforts would be successful. 

5.  Options:  Youmay: 

a.  direct retention in the United States Air Force; 
b.  direct discharge from the Air Force with a General discharge, with or without 

P&R, under paragraph 5.49; 

c.  forward a recommendation for separation under paragraph 5.49 with an 

Honorable discharge, with or without P&R, to 59 MDWICC; or 

d.  direct re-initiation of the package to convene an administrative discharge 
. 

board if you believe an Under Other Than Honorable Conditions discharge is 
warranted. 

I) 

We recommend that you sign the attached letter directing 
1 discharge from the Air Force without Probation and 

Attachment : 
Case File 

DEPARTMENT OF THE AIR ,,ORCE 

591h Medical Wing (AETC) 

FROM:  859 MSGS/CC 

SUBJECT:  Notification Memorandum 

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

2.  My reasons for this action are: 

a.  On or about 29 Mar 00, you failed to  obey a direct order, you committed  a 
security violation, and lied to a Noncommissioned Officer.  For this you received a Letter 
of Reprimand (LOR) dated 3 1 Mar 00. 

b.  On or about 27 Jan 00, I recommended that you not be promoted to the rank of 
Senior Airman and I denied your reenlistment in the Air Force.  I based these decisions 
on your substandard duty performance. 

c.  On  or  about  5  Qct  99,  you  were  noted  as.having  several  discrepancies 

regarding the wear of your uniform.  For this you received a LOR dated 22 Oct 99. 

d.  On or about 5 Oct 99 and on or about 7 Oct 99, you  failed to  go to your 
appointed place of duty on time.  For this you received a Record of Individual Counseling 
(RIC) dated 10 Aug 99. 

e.  On or about 22 May 98, you were approached by your supervisor regarding 
being  late  for duty, having an unprofessional attitude, and failure to  follow directions. 
For this you received a RIC dated 22 May 98. 

? 

+ 

f.  Ah or  about  30 Mar  98, you  received  an Armed  Forces  traffidcket- for 
Inattentive driving and for having no proof of insurance in your possession.  For this you 
received a verbal counseling on 26 May 00. 

g.  On or about 7 Jan 98 it was found that you had not yet completed your Career 
Development Course Volume I11 book as you had previously been instructed to do.  For 
this you received a RIC dated 9 Jan 98. 

PI76 i- 0 W J . ~  

76- 

3.  Copies of the doc,..,lents  to be forwarded to the separation ,.dhority  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.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force. 

4. You have the right to counsel.  Military Legal Counsel has been obtained for you.  I 
have made an appointment for you to consult 
at Building 
Number 1000, on 
hours.  You may consult civilian counsel at 
your own expense.  If employed, civilian counsel must be readily available. 

at 

5.  You have the right to submit statements in your own behalf.  Any statements you want 
the separation  authority to  consider must reach  me within  three  workdays, unless 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 behalf, your failure 
will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical  examination.  You must report to Building 
6612,  Rm  502,  Monday  through  Friday, between  1300 -  1500 with  your  medical, 
immunization, and dental records for the examination. 

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 at the 59 Surgical Operations 
orderly room. 

Attachments: 
1. LOR dated 3 1 Mar 00 w/atch 
2.  MFR dated 27 Jan 00 
3. AF Form 418 dated 27 Jan 00 w/atch 
4. LOR dated 22 Oct 99 
5. AF Form 174 dated 10 Aug 99 
6. AF Form L?4 dated 22 May 98 
7.  DD Form 1408 dated 30 Mar 98 w/atch 
8. AF Form 174 dated 9 Jan 98