AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-0 1-00039 

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 DRB finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
and after a thorough review of the record, the Board was able to identify none.  The records indicated the 
applicant  received  an Article  15,  two  Letters  of  Reprimand,  a  Letter  of  Counseling,  a  Letter  of 
Admonishment  and  a  Record  of  Individual  Counseling  for  misconduct.  The  misconduct  included 
wrongfully consuming alcoholic beverages while under the legal drinking age of 21,  attempting to steal 
money from unlocked vehicles, derelict in his duties, receiving a traffic citation for reckless driving, and 
being disrespectful toward a senior enlisted member.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to change his negative behavior.  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 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 further concludes that there exists no legal or equitable basis 
for upgrade of discharge; @us,  the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

m R E W S  AE'B, MD 

FD-01-00039 

(Former A1C) MISSING DOCUMENTS 

. 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/12/05 UP A F I   36-3208, 
-para 5.50.2  (Misconduct -  Conduct Prejudicial to Good Order &  Discipline). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 79/10/18.  Enlmt Age: 18 10/12.  Disch Age: 2 1   1/12. Educ:HS DIPL. 

A-77,  E-39,  G-55,  M- 54.  PAFSC: 2F031 -  Fuels Apprentice. 

AFQT:  N/A. 
DAS:  99/05/08. 

b.  Prior Sv: AFRes 98/08/31 -  98/09/02 (2 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

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a.  Enld as AB  98/09/03 for 6  yrs. 
b.  Grade Status:  A1C -  00/03/13 
AMN -  99/03/25 
A1C  -  98/10/17 

Svd: 2 Yrs 3 Mo 3 Das, all AMs. 

Article 15, 99/03/25) 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 99/04/13, Kadena AB,  Japan - Article 80.  You did, o/a 
25 Jul 99, attempt to steal monies of some value, the 
property of another.  Rdn to AB  (susp till 12 Mar 00), 
forfeiture of $200.00 pay per month for 2 months, 
30 days restriction, and 45 days extra duty. 
(No appeal) (No  mitigation) 

(2) 99/03/25, Sheppard AFB,  TX  - Article 92.  You did, o/a 

10 Mar 99, violate a lawful general instruction, to wit: 
Paragraph 2.1.11, Sheppard AFB Instruction 36-2909 dated 
15 Oct 97, by wrongfully consuming alcoholic beverages 
while under legal drinking age of 21.  You  did, o/a 10 
Mar 99, violate a lawful general instruction, to wit: 
Paragraph 2.1.11, Sheppard AFB  Instruction 36-2909 dated 
15 Oct 97, by wrongfully consuming alcoholic beverages 
in the student dormitory.  Rdn to Amn, forfeiture of 
$450.00 dollars pay.  ( N o   appeal) (No mitigation) 

e.  Additional: LOCI 23 SEP 99 -  Dereliction to duty. 

LOA,  13 MAR 00  -  Reckless driving. 
LOR, 30 AUG 00 -  Failure to obey a lawful order. 
LOCI 11 SEP 00 -  Failure to obey a lawful order. 

LOR,  31  OCT  00  -  D e r e l i c t i o n   t o  d u t y .  

f .   CM: 

none. 

g .   Record  of  SV:  98/09/03 

00/05/02  Kadena  AB 
( D i s c h a r g e d   from  S c o t t   AFB) 

4 

( I n i t i a l )  

h .   A w a r d s   &  Decs:  AFOSLTR,  AFTR. 

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i .   Stmt  of  Sv:  TMS: 
TAMS: 

( 5 )   Das 
( 2 )   Y r s   ( 3 )  Mos 
( 2 )   Y r s   ( 3 )  Mos  ( 3 )   Das 

4 .   aASIS ADVANCED  FOR  REVIEW:  Appln 

(Change  Discharge  t o   H o n o r a b l e )  

( D D   Fm 293)  d t d   01/01/17. 

NO  ISSUES  SUBMITTED. 

ATCH 
1.  DD  Form  214. 
2 .   IDVA  Form  200. 

FDO1-00039 

0 1 / 0 2 / 0 6 / i a  

MEMORANDUM FOR  18 WG/CC 

FROM:  18 WGIJA 
SUBJECT:  Legal Review - Administrative Discharge - 

I8 SUPS (PACAF), Kadena Air Base, Okinawa, Japan 

- 

1. 
18 SUPS/CC, initiated this administrative discharge action 
of  Misconduct  - Conduct Prejudicial to  Good  Order  and 
aga 
Dis 
AFPD  36-32  and  AFI  36-3208,  paragraph  5.50.2.  The 
initiating  commander  has  recommended  an  under  honorable  conditions  (general)- discharge  without 
probation and rehabilitation. 

2.  GOVERNMENT'S EVIDENCE: 

punishment pursuant to Article 15, UCMJ, on 25 Mar 99.  His punishment consisted of a reduction to the 
grade of airman, with a new date of rank of 25 Mar 99, and forfeiture of $450.00 pay.  An  Unfavorable 
Information File (UIF) was established, and a copy of this Article 15 was placed in his UIF (Tab 1-1). 

b.  On or about 25 Jul 99, then 
result, he received nonjudicial pun 
consisted of a six-month suspended reduction to the grade of airman basic, forfeiture of $200.00 pay per 
month for two months, 30 days restriction, and 45 days extra duty.  A copy of this Article 15 was placed 
in his existing UIF (Tab 1-2). 

Letter of Counseling on 23 Sept 99 (Tab 1-3). 

d.  On or about 23 Jan 00, the 
he received a Letter of Admonis 

I 

e.  On or about 1 Aug 
Letter of Reprimand on 3 

f.  On  I I   Sep  00, 
circumstances surroundi 

. As a result, 
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e.  As a result, he received a 

a  Record  of  Counseling  after  learning  of  the 
>prepared 
failure to obey a lawful order to shave, his disrespect toward a 

gs On or about 20 0 
- 
having the Bulk Storage 
was sprayed in the eyes with tuel and was unable to take corrective action'o: 

iled to comply with AFI  23-201, paragraph 3.4.2.8, by  not 
n he began refbeline his unit.  A fuel still occurred. and he 
receive assistance from the 

- 

v 

" 

second operator. 
result, he receive 

actions placed himself, others, and government equipment at risk.  As a 
primand on 3 1 Oct 00 (Tab 1-7). 

3.  RESPONDENT’S EVIDENCE: 

a.  The respondent, a 21-year old airman, otiginally enlisted 3 Sep 98.  His AQE scores are: A-77, E- 
39, (3-55, and M-54. This airman has received one (1)  enlisted performance report (EPR), which closed 
out on 2 Mar  00, and  rated  him  an  overall 4. The airman  is entitled to wear  the medals, awards, and 
ribbons outlined in the commander’s rec0m’inlec;;;j.n. 

? - 

b.  The respondent co 
ry defense counsel and has elected to submit a statement in response 
to this discharge?ktion. 
admits to the mistakes he has made, but feels that he has not had the 
full support of his flight.  He further states that he understands why  his unit has recommended him for 
discharge and agrees “that it is time for [him] to move on.” 

4.  ERRORS OR IRREGULARITIES:  None. 

5.  DISCUSSION: 

a.  AFI  36-3208,  paragraph 5.50.2,  authorizes the involunta 
f airmen who engage in  a 
pattern of misconduct that prejudices good order and discipline. 
personnel files are replete 
with incidents of misconduct, some of them serious, all of which 
thin the last two years.  This 
misconduct has resulted  in  two (2) Nonjudicial Punishments pursuant to Article  15, two (2) Letters of 
Reprimand, one (1)  Letter of Aamonishment, two ( 2 )  L etters ot Counseang, ana tne establishment of an 
misconduct, 
bfavorable Information File.  Due to the frequency and repetitive nature of AlC 
discharge under this provision is lawful and warranted. 

’ 

b. 

-0cumented 

pattern  of  misconduct  demonstrates  irresponsibility,  lack  of  self- 
isregard for Air Force standards.  Despite several warnings and opportunities for change, 
failed to correct the serious and‘ongoing nature of his misconduct.  Separation is therefore 
st of the Air Force. 

c.  According to AFI 36-3208, Table 1.3, a discharge for misconduct can be characterized as honorable, 
under honorable conditions (general), or under other than honorable conditions.  AFI 36-3208, paragraph 
1.18.2,  states  that  an* under  honorable conditions (general) discharge  is  appropriate  when  significant 
’s conduct or duty performance outweigh positive aspects of the airman’s 
hs any identifiable positive aspects of 
ongoing misconduct 
service as under honorable conditions 
ly, characterization o 

(general) is appropriate. 

ncur with  18 SUPS/CC that probation and rehabilitation is not appropriate for this aiman. 
as been  given  ample opportunities for rehabilitation,  but  has  1 ailed to take advantage ofthose 
-  oppohunities.  He has engaged in continuous misconduct over the last two years and accordingb, there is 

no reason to belie&  that further rehabilitative efforts would be successful. 

6.  OPTIONS:  As special court-martial convening authority, you may: 

a.  Retain 

if you consider discharge unwarranted; or 

b.  Recommend  that  5  AF/CC  direct  an  honorable  discharge  with  or  without  probation  and 

rehabilitation; or 

c.  Direct  an  under  honorable  conditions  (general)  discharge  with  or  without  probation  and 

rehabilitation; or 

d.  Direct reinitiation of the package  if  you  believe an  under other than  honorable conditions service 

characterization based on misconduct is warranted. 

7.  RECOMMENDATION: 

I  recommend  that  you  direct  an  under  honorable  conditions  (general) 

+ _  - 

- - - 

Attachment : 
Case File 

1st Ind,  18 WGNA 

MEMORANDUM FOR  18 WGKC 

@rkmemmr 

with this recommendation. 

Th.;  legal opinion is a privilegec document and is provided only for command use.  It should not ,e 
released to the public in general or to the subject of this review in particular. 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

8 

- 

. 
FROM:  18 SUPSkC 

SUBJECT:  Notification Memorandum 

- 

3  Nov  00 

- - 

I  am  recommending your  discharge from  the United  States Air Force for  Pattern of Misconduct - 
1. 
Conduct Prejudicial to Good Order and Discipline. The authority for my recommendation is AFPD 36-32 
and  AFI  36-3208,  paragraph  5.50.2.  If  my  recommendation  is  approved,  then  your  service  may  be 
characterized as either honorable or under honorable conditions (general).  I am recommending that your 
service be characterized as under honorable conditions (general).  If your discharge is approved, then I am 
further recommending that you not receive probation and rehabilitation. 

2.  My specific reasons for this action are: 

a.  On or about 10 Mar 99, at Sheppard Air Force Base, Texas, you violated a lawful general instruction 
by wrongfully consuming alcoholic beverages while under the legal drinking age of 2 1 and by wrongfully 
consuming  alcoholic  beverages  in  the  student  dormitory.  As  a  result,  you  received  nonjudicial 
punishment pursuant to Article 15, UCMJ, on 25 Mar 99.  Your punishment consisted o f a  reduction to 
the  grade  of  airman,  with  a  new  date  of  rank  of  25  Mar  99,  and  forfeiture of  $450.00  pay.  An 
Unfavorable Information File (UIF) was established, and a copy of this Article 15 was placed in your UIF 
(Tab 1-1). 

b.  On  or about 25  Jul 99, you  attempted to steal money from  unlocked  vehicles.  As a result,  you 
received  nonjudicial  punishment  pursuant  to  Article  15,  UCUI,  on  13  Sep  99.  Your  punishment 
consisted of a six-month suspended reduction to the grade of airman basic,  forfeiture of $200.00 pay per 
month for two months, 30 days restriction, and 45 days extra duty.  A copy of this Article  15 was placed 
in your existing UIF (Tab 1-2). 

c.  On or about 16 Sep 99, you were derelict in your duties by  failing to comply with a lawful order to 
inspect a refueling unit for missing forms.  On or about 17 Sep 99, you were derelict in  your duties by 
again failing to inspect the same refueling unit for the missing forms.  On or about 21  Sep 99, you failed 
to  go to your  appointed place  of  duty at the  prescribed time.  As  a result,  you  received  a  Letter of 
Counseling on 23 Sept 99 (Tab 1-3). 

- 

- 

d.  On or about 23 Jan 00, you received a traffic citation for reckless driving.  As a result, you received 

a Letter of Admonishment on 13 Mar 00 (Tab 1-4). 

e.  On or about 1 Aug 00, you failed to obey a lawful order to shave.  As a result, you received a Letter 

of Reprimand on 30 Aug 00  (Tab 1-5). 

f.  On  11 Sep 00, I  prepared a Record of Counseling after learning of the circumstances surrounding 
your failure to obey a lawful order to shave, your disrespect toward a senior enlisted member, and your 
lack of remorse after having been reprimanded (Tab 1-6). 

g.  On or about 20 Oct 00, you failed to comply with AFI 23-201, paragraph 3.4.2.8, by not having the 
Bulk Storage attendant present when you began refueling your unit.  A fuel spill occurred, and you were 

sprayed in  the  eyes with  fuel and  were unable to take corrective action or receive assistance from the 
second operator.  Your actions placed yourself, others, and government equipment at risk.  As a result, 
you received a Letter of Reprimand on 3 1  Oct 00 (Tab 1-7). 

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 United States 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 theiight to consult counsel.  Mil 
made  an  appointment  for  you  to  consu 
Building  1460 on  6  Nov 00 at  080 
expense. 

- 

nsel has been obtained to assist you.  I have 
at  the  Area  Defens@ounsel  at 
sult civilian counsel at your  own 

5.  You have the right to submit statements in response to this action.  Any statements that you want the 
separation authority to consider must reach me  by  8  NoV/1415 
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,  then  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 the Physical Examination 
Section, 18th Medical Group, -B, 

on  7 Nov 00  for the examination. 

Japan at  08 15 

8.  The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use at the Area Defense Counsel’s office. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Attachments : 
1.  AF Form 3070 
2.  AF Form 3070; Supporting Documents; AF Form 1 137; Member’s Response; Character Statements 
3.  LOC, 23 Sep 00 
4.  LOA, 13 Mar 00; Trafic Citation 
5.  LOR, 30 Aug 00 
6.  ROC, 11 Sep 00 
7.  LOR, 3 I Oct 00; Supporting Documents; Member’s Response 
8.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or Bonuses 
9.  Airman’s Receipt of Notification Memorandum 

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