AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00038 

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 issues are listed in the attached brief. 

Issues  1-4 will  be  addressed jointly.  Applicant  states that his discharge did not take into account the good 
things he did while in the service. The DRB took note of the applicant's duty performance as documented by his 
performance reports, awards and decorations, his record of promotions, his prior honorable discharge, and other 
information contained in the records.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

Issues 5 and 6 will be addressed jointly.  Applicant contends discharge was inequitable because he had financial 
problems which impaired her ability to serve, and he was told that if he just reenlisted he would have gotten a 
honorable discharge.  The records indicated the applicant during his last enlistment received an Article 15, a 
Vacation of Suspended Non-Judicial Punishment, a Letter of Reprimand, four Letters of Counseling, and two 
Memoranda for Record for misconduct.  The misconduct included writing bad  checks, failing to control his 
restricted area badge on two different occasions, failing to appear for his scheduled ergometry testing, failing to 
follow his assigned task, being disrespectful towards a non-commissioned officer, and rolling through a stop 
sign on base.  The applicant also received an Article 15 in his previous enlistment for giving a false statement to 
the Security Police.  The Board concluded the misconduct during his last enlistment 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 for the reasons which were the basis of the case. 

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  fkther 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 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD-01-00038 

(Former A1C) 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 9 5 / 0 6 / 2 1   UP AFI 36- 3208, 
para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 7 3 / 0 8 / 1 3 .  

Enlmt Age:  1 7   1 0 / 1 2 .   Disch Age:  2 1   1 0 / 1 2 .   Educ:HS DIPL. 

E- 65,  G - 5 0 ,   M-75.  PAFSC: 2F031  -  Fuels Apprentice. 

AFQT: N/A.  A-61, 
DAS : 9 3 / 0 8 / 0 9 .  

b.  Prior Sv:  (1) AFRes 9 1 / 0 6 / 2 6   -  9 1 / 0 8 / 2 7  

( 2   months 2  days) (Inactive). 

all AMs.  AMN-(EPR Indicates): 91/08/28-93/04/27. 
9 4 / 0 8 / 2 8 .   EPRs: 3 , 3 .  

A1C -  9 2 / 1 2 / 2 8 .  

SRA  - 

(2) Enld as AB 91/08/28  for 4  yrs.  Svd: 3  Yrs 3  Mos 1 Day, 

ART 15  9 3 / 0 7 / 1 2 ,   March AFB, CA - Article 1 0 7 .   You, o/a 2 0   Mar 93, 

with intent to deceive, make to the Security Police an 
official statement, to wit: That you had $ 8 0 . 0 0   dollars stolen 
from your dorm room,, which statement was totally false in that 
you did not have $80.00  dollars stolen from you, and was then 
known by you to be so false.  Rdn to Amn, forfeiture of 
$100.00 pay  (susp till 11 Nov 9 3 ) ,   and 1 4   days extra duty. 

3.  SERVICE UNDER REVIEW: 

a.  Reenld as SRA  9 4 / 1 1 / 3 0   for 6  yrs.  Svd: 0  Yrs 6  Mo 2 1   Das, all AMs. 

b.  Grade Status:  A1C -  9 5 / 0 4 / 2 4   (Article 15,  Vacation, 9 5 / 0 5 / 1 1 )  

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 9 5 / 0 5 / 1 1 ,   Vacation, March AFB, CA - Article 9 2 .   You, 

who knew of your duties, o/a 3  Apr 95,  were derelict in 
the performance of those duties in that you willfully 
failed to control your restricted area badge, as it was 
your duty to do.  Rdn to A1C.  (No appeal) 
(No mitigation) 

( 2 )   9 5 / 0 4 / 2 4 ,   March AFB,  CA -  Article 1 3 4 .   You, did, o/a 
3  Apr 95,  make and utter to the --------- a check, in 
words and figures as follows, to wit: check number 566, 
dated 3  Apr 9 5   in the amount of $ 6 . 7 0 ,   for the 
procurement of goods, services and/or currency, and did 

thereafter dishonorably fail to maintain sufficient 
funds in the Bank of America for payment of such check 
in full upon its presentment for payment.  Rdn to A1C 
(susp till 23 Oct 95), and a reprimand.  (No appeal) 
(No mitigation) 

E'DO1-00038 

e.  Additional: LOR, 08 MAY 95 -  Dereliction to duty. 
LOC, 27 APR 95 -  Dereliction to duty. 
MFR, 18 APR 95 -  Failure to go. 
LOC, 07 APR 95 -  Dereliction to duty. 
LOC, 21 MAR 95 -  Disrespectful to an NCO 
LOC, 17 MAR 95 -  Dishonored check. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from March AFB) 

h.  Awards &  Decs:  AFAM, NDSM, AFTR, SWASM W/1 BS. 
i.  Stmt of Sv:  TMS: (3) Yrs  (11) Mos  (26) Das 
TAMS:  (3) Yrs  (9) Mos  (24) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD E'm  293) dtd 00/12/24. 

(Change Discharge to Honorable) 

Dear DRB: The following issues are the reasons I believe my discharge should be 
upgraded to Honorable.  If you disagree, please explain in detail why you 
disagree.  The presumption of regularity that might normally permit you to 
assume that the service acted correctly in characterizing my service as less 
than Honorable does not apply to my Case because of the evidence I am 
submitting. 

' 

Issue 1:  My averge  (sic) conduct and efficiency ratings/behavior and 

proficiency mark wer good. 

Issue 2:  I recieved (sic) adwards (sic) and decorations. 

Issue 3:  My record of promotions showed I was generally a good service 

member up until around my discharge. 

Issue 4 :   I had a prior honorable discharge. 

Issue 5:  My financial problems I had impaired my ability to serve. 

Issue 6:  I was told that if I had not just reenlisted I would have gotten a 

Honorable Discharge instead of a General under Honorable Discharge. 

ATCH 
none. 

0 1 /02 / O  6/ia 

MEMORANDUM FOR 722 ARWICC 

FROM:  722 ARWIJA 

SUB 

e Discharge 

3 

rf 
Z ?  

I. ACTION:  This case is before you in your capacity as discharge authority for review and 
action.  The 722 SUPSICC recommends the respondent be separated from the United States Air 
Force with a general discharge without probation and rehabilitation pursuant to AFI 36-3208, 
section H, paragraph 5.49 for minor disciplinary infractions.  I concur. 

2.  FACTS FOR THE GOVERNMENT: 

Y 

on or about 3 Apr 95,  make and utter to the Army and Air Force Exchange 
eck, number 566, dated 3 Apr 95 in the amount of $6.70, and did thereafter 
S 
dishonorably fail to maintain sufficient funds in the Bank of America for payment of that check. 
As a result of this incident he received an Article 15 on 24 Apr 95, for which the punishment was 
suspended until 23 Oct 95. 

b. 
fail 
his suspended punishment, received on 24 Apr 95 as the result of an Article 15, was vacated on 
I I May 95 and he was reduced to the rank of Airman First Class and given a reprimand. 

, on or about 3 Apr 95, derelict in the performance of his duties, in that he 
restricted area badge, as it was his duty to do.  As a result of this incident, 

C. 
conduct a spot check while refueling a (3-141 8. As a result, he received a Letter of Reprimand 
on 8 May 95. 

as, on or about 4 May 95, derelict in his duties in that he failed to properly 

on or about 27 Apr 95, derelict in the performance of his duties, in that he 
estricted area badge, as it was his duty to do.  As a result, he received a 
on 27 Apr 95. 

, on or about 25 Apr 95, fail to follow proper procedures for filling a C-300, as 
0. This resulted in a memo for record. 

e
This action resulted in a memo for record. 

h

did, on or about 17 Apr 95, fail to appear for his scheduled ergometry testing. 

 

h did, okor about 6 Apr 95, fail to follow his assigned task, to wit: draining a fuel 

tank.  As a result, he received a Letter of Counseling on 7 Apr 95. 

was, on or about 16 Mar 95, disrespectful towards an NCO,  in that he mumbled 
en she refused to immediately sign his housing request.  As a result, he received 
seling on 21 Mar 95. 

d, on or about 7 Mar 95,  make or utter a dishonored check to the Army and Air 
Force Exchange Services for $1 8.07.  As a result, he received a Letter ofcounseling on 17 Mar 
95. 

id, on or about 8 Jan 95,  roll through a stop sign on base.  As a result, he 
t and a verbal counseling. 

3.  FACTS FOR THE RESPONDENT: 

a.  The  respondent is 21 years old, and‘has served approximately 6 months of a current 6 
year enlistment.  AQE scores are: A-61,  E-65, (3-50, M-75.  The APWEPR history is as follows: 

- 
- 

E 

3  27Apr94 
3  27Apr93 

L Y 

.E 

b.  The respondent is entitled to wear the Air Force Training Ribbon, the National Defense 

Service Medal, the SW Asia Service Medal and the Air Force Achievement Medal. 

e.  The respondent has met with military counsel and has elected not to submit statements 

regarding this discharge action. 

4.  ERRORS  AND IRREGULARITIES:  None. 

5.  DISCUSSION: 

a.  Legal Sufficiency:  AFI 36-3208, section H,  paragraph 5.49,  authorizes the involuntary 
engage in minor disciplinary infractions.  Before this discharge I 

s the documents relating to the offenses which 
s received an Article 15, one LOR, four LOC’s, 

two MFR’s and one verbal coun 
nses make him unsuited for service in a 
quality force.  His actions show a disregard for the standards of conduct expected of any 
airmen.  As such, discharge under AFI 36-3208 is warranted. 

b.  Character of Discharge:  The respondent‘s commander has recommended a general 

discharge.  I concur.  Characterization of service as general is appropriate when significant 
negative aspects of an airman’s conduct outweigh positive aspects of his or her military record. 

c.  Probation and Rehabilitation:  I concur with 722 SUPSICC, that probation and rehabilitation 

is not appropriate for this airman. 
comport himsetf in an acceptable 
efforts would be successful. 
6.  RECOMMENDATION:  As the discharge authority you have the following options: 

has been given numerous opportunities to 
ere is no indication that further rehabilitative 

a. Retain the respondent; or 

b.  Separate the respondent with a general discharge, with or without probation and 

rehabilitation; or 

c. Recommend to 15 AFICC that the respondent be discharged, with or without probation ad 

rehabilitation; or 

d.  Refer the case to an administrative discharge board. 

Based on the foregoing, I  recommend you separate the respondent from the United States Air 

MEMORANDUM FO 

FROM: - 722 SUPS/CC 

SUBJECT:  Notification Memorandum 

- 

- 

6  JUN  1995 

= 
- 

I. I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFI 363208, section H,  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 general. 

2.  My reasons for this action are: 

a.  You did, on or about 3 Apr 95, make and utter to the Army and Air Force Exchange 

Service a certain check, number 566, dated 3 Ap 
of $6.70, and did thereafter 
dishonorably fail to maintain sufficient funds in th 
for payment of that check. 
As a result of this incident you received an Article 16 on 24 Apr 95, for which the punishment 
was suspended until 23 Oct 95. 

b.  You were,  on or about 3 Apr 95, derelict in the performance of your duties, in that you 

failed to control your restricted area badge, as it was your duty to do.  As a result of this 
incident, your suspended punishment, received on 24 Apr 95 as the result of an Article 15,  was 
vacated on 11 May 95 and you were reduced to the rank of Airman First Class and given a 
reprimand. 

c.  You were,  on or about 4 May 95, derelict in your duties in that you failed to properly 

conduct a spot check while refueling a (2-141 B.  As a result, you received a Letter of Reprimand 
on 8 May 95. 

d.  You were, on or about 27 Apr 95,  derelict in the performance of your duties,  in that you 

failed to control your restricted area badge, as it was your duty to do.  As a result, you received 
a Letter of Counseling on 27 Apr 95. 

e.  You did, on or about 25 Apr 95, fail to follow proper procedures for filling a C-300, as it was 
your duty to do.  This resulted in a memorandum for record. 

f.  You did, on or about 17 Apr 95, fail to appear for your scheduled ergometry testing.  This 
resulted in a memorandum for record. 
g.  You did, on or about 6 Apr 95, fail to follow your assigned task and drain a fuel tank.  As a 
result, you received a Letter of Counseling on 7 Apr 95. 

h.  You were, on or about 16 Mar 95, disrespectful towards an NCO, in that you mumbled 
obscenities when she refused to immediately sign your housing request.  As a result of your 
actions, you received a Letter of Counseling on 21 Mar 95. 

i. You did, on or about 7 Mar 95, utter or make a dishonored check to the Army and Air Force 
Exchange Service in the amount of $18.07.  As a result of this action, you received a Letter of 
Counseling on 17 Mar 95. 

j.  You did, on or about 8 Jan 95,  fail to stop at a stop sign.  As a result of this action, you 
received a citation from the security police and were counseled on I O  Jan 95. 
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 a higher 
authority will decide whether you will be discharged or retained in the Air Force, and if 
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 consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel at March Air Force 
. You may consult civilian counsel at your own 
Base, California, 3870 on 
expense. 
6.  You have the right to submit statements in your own behalf. Any statements you want the 
separation authority to consMer must reach me by? c3wu 4  unless you request and recelve 
an extension for good cause shown.  I will send them to the separation authority. 

at 

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 s-cheduled for a medical examination.  You must report to 722 MOG, Physical 
Exams Section atoT3  on  7 WdqS for the examination. 
8.  Any personal information you furnish in rebuttal is w s r e d  by the Privaoy A d  Statement of 
1974.  A copy of AFI 36-3208 is available for your use in your unit orderly room. 

9.  Execute the attached acknowledgment and re 

Attachments: 
I. Art 15,24 Apr 95; Vacation of Suspension, 
1 I May 95; LOR, 8 May 96; LOC, 27 Apr 95; 
Memo for Record, 25 Apr 95; Memo for 
Record, 17 Apr 95; LOC,  7 Apr 95; LOC 
21 Mar 05; LOC,  17 Mar 95; Ticket,  8 Jan 96. 
2.  Airman's Receipt of Notification Memorandum (Tab 2) 
3.  Other Adverse Information (Tab 0) 

I