AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I FD-01-00041 
I CASENUMBER 

GENERAL:  The applicant appeals for an upgrade of his discharge to Honorable and change of reason for 
discharge. 

I 

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: The Board grants the requested relief. 

The Board finds that neither evidence of record nor that provided by the applicant substantiates an 
impropriety, which would justifl upgrade of or change of reason for discharge.  However, based upon the 
record and evidence provided by the applicant, the Board finds that the applicant’s character of and reason 
for discharge are inequitable. 

The applicant’s issue is listed in the attached brief. 

Issue.  M e r  a thorough consideration of the information provided by the applicant and contained in the 
records, the Discharge Review Board concluded there was sufficient mitigation to substantiate upgrading 
and changing the reason for the discharge.  Specifically, the Board found the characterization was too harsh. 
Although the DRB did not condone the misconduct of the applicant, an Honorable discharge was deemed 
appropriate and equitable.  The Board also found that there is a similar basis for a change of reason for the 
discharge. 

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. 

However, in view of the forgoing findings, the Board concludes that the overall quality of applicant’s service 
is more accurately reflected by an Honorable discharge and the reason for discharge is more accurately 
described as Secretarial Authority.  The applicant’s characterization and reason for discharge should be 
changed to Honorable/Secretarial Authority under the provisions of 10 USC 1553. 

Attachment: 
Examiner’s Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

ED-01-00041 

(Former SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 9 7 / 0 5 / 1 3   UP AFI 36- 3209, 
-para 3 . 2 1 . 2   (Pattern of Misconduct -  Failure to Pay Just Debts).  Appeals for 
Honorable Disch and to Change the Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 7 0 / 0 3 / 2 7 .  

Enlmt Age: 1 7   9 / 1 2 .   Disch Age: 27  1 / 1 2 .   Educ:HS DIPL. 

AFQT: N/A.  A-85,  E-61,  G-57,  M-49.  PAFSC: 3P071  -  Security Police Technician. 
DAS :  9 3 / 0 5 / 2 2 .  

b.  Prior Sv: Enld USAFR as A1C 8 8 / 0 1 / 1 1   for 6  yrs.  Svd: 5  yrs 9  mos 5 

days  (Active &  Inactive).  SrA -  9 0 / 0 3 / 0 1 .  

SSgt -  9 1 / 0 9 / 0 1 .   EPRs: None. 

3.  SERVICE UNDER REVIEW: 

a.  Reenld USAFR as SSGT 9 3 / 1 0 / 1 6   for 6  yrs.  Svd: 3  Yrs 6  Mo  28  Das, 

(Active &  Inactive). 

b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  Art 15's:  none. 

e. .Additional: LOC, 1 0   JUN 9 5   -  Tardy. 

LOC, 06 OCT 96  -  Failure to pay just debt. 
LOR, 07  DEC 96  -  Failure t o  pay just debt. 
LOR, 04 JAN 97  -  Failure to pay just debt. 
MFR, 04  JAN 97  -  Failure to pay just debt. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Robins AFB) 

h.  Awards &  Decs:  AFOUA, AFOEA, AFRMSM, NDSM, AFLSAR, SAEMR, AFTR. 
i.  Stmt of Sv:  TMS:  ( 9 )   Yrs  (4) Mos  ( 3 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD E'm  2 9 3 )   dtd 0 1 / 0 1 / 2 3 .  

7 

(Change Discharge to Honorable and Change the Reason and Authority for 

Discharge) 

Issue 1:  The General Discharge and ineligible for reenlistment status were 

inequitable when considered in light of the isolated nature of the offense 
(credit card debt incurred during two close in time tours of duty), an otherwise 
exemplary record in over eight years of military service, voluntary payment of 
the credit card debt after discharge, and an admirable record of employment and 
service to my community as a law enforcement officer. 

EDO1-00041 

- 

ATCH 
1. Applicant's Letter to the Discharge Review Board. 
2. Reserve Order A-121, 28 April 97. 
3. Letter of Indebtedness. 
4. Three Letters of Recommendation. 

01/02/07/ia 

DATE: 

23 January 2001 

TO: 

Air Force Discharge Review Board 

SUBJECT: 

Request for Upgrade of Discharge and Change of Reenlistment Eligibility Code 

My name is 

am submitting this letter a m e  
attached documentation with the hope that this Board will considered my military and civilian 
record and find that they warrant an upgrade of my discharge from the Air Force Reserve to 
"Honorable," change the reason for discharge to ''Convenience of the Government," and change 
my reenlistment eligibility code to RE- 1 (eligible for reenlistment). 

I was a former member of the 917 SPS at Barksdale Air Force Base, Louisiana. 

However, I was discharged effective 13 May  1997 pursuant to AFI 36-3209 (Misconduct, A 
Pattern of Misconduct, Failure to Pay Just Debt).  My service was characterized as General 
(Under Honorable Conditions).  My reenlistment eligibility status was listed as ineligible.  The 
sole basis for my discharge was a debt I had incurred on my military credit card during TDYs the 
prior summer.  At the time I was discharged I mistakenly believed that once the debt was paid, 
that would remove the stigma of my discharge. However, in December 1997 I learned that was 
not the case. 

I would like to explain the circumstances surrounding my discharge.  This is not intended 
to be an excuse for my actions.  The debt that I failed to timely pay resulted from charges on my 
military credit car- 
during TDYs the Summer of 1996.  The first TDY was 
to Korea.  This was not an annual tour and the money I received from my voucher covered the 
majority of my expenses.  My next TDY was to Japan and this was considered my annual tour. 
As such, I did not receive an amount of pay similar to my Korean tour.  In addition, I had an 
unusually high phone bill calling my wife back in Shreveport. The TDYs together resulted in a 
significant shortage between my credit card bill and what I received from the Air Force as 
reimbursement. 

In order to resolve and p 
ART.  He said that I could work 
money would be mailed directly t 
second time, I was there for the first day and was then told that since I had a debt with American 
Express I could get no more man days. 

discussed the matter with my 
ay off my debt.  The extra 
We did this for one set of orde*  The 

During this time period I had just left employment with t 
i c e  Department. This r 

Department and joined t h c o l
decrease in pay for my first year with SPD since I would not receive the State Supplemental Pay 
that first year. 

The loss of man days was the first corrective action taken against me and a counseling in 

December was the second step.  Then in January 1997 at my UTA I was handed the papers to 
discharge me.  There was little that I could do at that time.  However, even though discharged I 
event 
from 

at same year.  Enclosure 2 is a confirmation letter 

?B- 

- 

I believe if you will review my Air Force record you will find that I did my job well and 

ions until my credit card problem.  Even though dischar 
oon as possible.  I have continued my employment with 

Police Department and tried to d 
sure 3 includes sta 
my supervisors in the Departme 
lso a Lieutenant in th 
Police Department.  As such he is 
owing me and my w 
performance yj both a member of the Air Force Reserves and as an officer with th 
Police Department. 

Thank you for your consideration. 

.  .---mil--- 

c -  

Enclosures : 

1.  Reserve Order A- 12 1 
2. 
3.  References 

tr, October 3,1997 

* 

2 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE RESERVE 

- 

-3g 

- 

MEMORANDUM FOR 917 WG/CC 

* 
FROM:  917 WG/JA 

25 February  1997 

- - -  

SUBJ:  Administrative Discharge Review - 

917 SPS 

1.  I have reviewed the accompanying administrative discharge case file and find it legally 
sufficient to support the discharge o 
nder the provisions of AFI 36-3209, 
paragraph 3.21.2, pattern of misconduct (failure to pay just debts).  No irregularities affecting 
any substantial rights of the member have been noted. 

2.  AFI 36-3209, paragraph 3.21.2 provides that a member may be discharged due to a pattern of 
misconduct consisting of an established pattern showing failure to pay just debts. 

- 

ich terms include making payment in full each 

Monthly aging reports for September 1996 through November 1996 show t 
account balance of $1,269 was in arrears by 60 days and 90 days in September and October, 
respectively.  He made payments of $275 in November, but had a balance of $994 which was 90 
days in arrears at the end of November.  The  squadron commander counseled the member 
verbally in September 1996 and in writing on 6 October 1996 that his account was in arrears and 
that he had an obligation to pay the account in full.  When the member failed to pay the balance 
due and was over 90 days in arrears, the commander issued letters of reprimand on 7 December 
1996 and 4 January 1997 informing the member of the continuing violation and directing him to 
pay the debt in a timely fashion.  The final statement of account shows that as of 27 December 
the account balance was $996.  This indicates that the member made no payments after the 16 
November payment. In sum, the evidence shows a continuing pattern of failure to pay just debts. 

4.  Administrative discharge actions are governed by the  preponderance of the evidence and not 
by the more rigorous "beyond a reasonable doubt" standard required of trials by court-martial. 
The evidence of record appears to be admissible in an administrative proceeding.  The 
preponderance of the evidence clearly supports the allegation that the member has engaged in 
misconduct evidenced by a pattern of failing to pay just debts over a period of at least four 
months, even though counseled and reprimanded for his improper conduct. 

5.  The service of a member who is separated due to a pattern of misconduct may be 
characterized as honorable, general (under honorable conditions) or under other than honorable 

.

-

 

pS/- -+?- 

ecords indicate he has 8 years and 10 months of prior active service. 

conditions. 
He joined the 917 SPS in May  1993.  He has no convictions by court-martial and no Article 15, 
UCMJ, actions.  The file indicates he was tardy twice, for which he was counseled.  There is no 
other derogatory data other than the refereuced letters of counseling and reprimand for non- 
payment of debt.  The file contains no EPRs.  The member has no awards showing personal 
accomplishment.  These factors support the squadron commander's recommendation that SSgt 

s pro 

by his 

- -  6. I recommerd'irdministrative action be initiated against SSgt 

service be characterized as general (under honorable conditions). 

squadron commander and that the case file be forwarded to HQ AFRES for further action.. 

, 

DEPARTMENT OFTHE AIR FORCE 

AIR FORCE RESERVE 

_- 

* 

- 

MEMORANDUM FOR CV 

FROM:  JA 

egal Review, Administrative Separation, SSgt 

- 
-- 1 7  

1997 

1.  I have reviewed SSg 
to separate him from the Air Force Reserve. 

ase file.  The evidence is legally sufficient 

2.  SSgdlllllplks a Security Police Technician assigned to the 917th Security Police 
Squadron, Barksdale AFB LA.  He has eight years of satisfactory service.  He is 
being separated for Misconduct, a Pattern of Misconduct, Failure to Pay a Just 
Debt, pursuant to AFI 36-3209, paragraph 3.21.2.  HQ AFRCDP sent him a Letter 
of Notification (LON) on 21 Mar 97.  On 27 Mar 97, he acknowledged receipt but 
failed to make an election of rights.  His failure to do so operates as a waiver of his 
right t~ a discharge board. 

* 

3.  The evidence in support of separation shows that on 7 Dec 96 and on 4 Jan 97 he 

-? 

y failed to pay the balance due of $994 on hi 
rd account.  He has two letters of reprimand and a letter of counseling 

documenting the unit’s effort to rehabilitate him.  In addition, he has been 
counseled on two occasions about being late for work. 

’ 

4.  The evidence provided by the unit is undisputed and sufficient to establish a 
factual basis for discharge.  AFI 36-3209.  The evidence also shows a long history of 
warnings and counselings directed at changing his behavior.  The efforts to change 
his behavior have been unsuccessful.  Because he was given an opportunity to 
change and failed to do so, separation is appropriate. 

5.  The commander recommended a General Discharge.  The misconduct in this case 
is not particularly egregious.  The two incidents of failure to pay are for the same 
unpaid debt, rather than two distinct debts.  Because there are other factors that are 
typically outside the evidence in the record, such as the member’s bearing and 
behavior, which figure into the commander’s decision to recommend a particular 
characterization of service, the commander’s assessment is generally fair and 
accurate.  A review of AFI 36-3209, paragraph 3.21.  and Attachment 2, supports the 
commander’s recommendation for 4 General Discharge. 

6.  As the separation authority, you may separate SS 
a General Discharge.  You may however, decide to r 

th an Honorable or 
ou believe the 

evidence is insufficient to support separation.  Finally, you may recommend that he 
be processed for an Under Other Than Honorable Conditions (UOTHC) Discharge. 

7.  RECOMMENDATION:  Separate SSg 

ith a General Discharge. 

- 

Attachment: 
Case file 

DEPARTMENT OFTHE AIR  FORCE 

AIR FORCE RESERVE 

FROM:  R A F R C D P M  

155 2nd St. 
Robins AFB GA 3 1098-1635 

SUBJECT: Notification of Initiation of Separation Action under AFI 36-3209 

1.  By this memorandum, separation action is being initiated against yo;  for misconduct, a pattern 
of misconduct, failure to pay just debt. The authority for this separation action is AFI  36-3209, 
Chapter 3, paragraph 3.21.2.  Information regarding your entitlement to submit statements about 
your  case, the lawful usage of  such statements and  their disclosure is provided in  the attached 
Privacy Act  Statement (Atch  1).  A description of the reasons for this  separation action is  set 
forth in the attached Statement of Reasons (Atch 2) along with supporting documents.  AFI  33- 
3209  is  available  for  your  review  at  your  servicing Military  Personnel  Flight.  The types  of 
separation authorized  are Honorable, General  (Under Honorable Conditions) and Under  Other 
Than Honorable Conditions.  The type  of  separation recommended  in  your  case is  a  General 
(Under Honorable Conditions) Discharge. 

- 2.  Within  24  hours  after  you  receive  this  memorandum,  you  must  complete and  return  the 

attached acknowledgment of receipt (Atch 3) of this memorandum and the attachments thereto. 

3.  The following is a summary of your rights: 

a.  You  are entitled to  consult with a  military legal  counsel who  is  qualified under  Article 
consult 
27(B)(1), Uniform Code of Military Justice (UCMJ),  at no  cost to 
a Judge 
with civilian legal counsel of your choice, but at your own  expense. 
Advocate who is qualified under Article 27(B)( l), UCMJ, has been designated to represent you in 
connection with this separation action.  Her mailing address is 1 
@J  AFkCNAS,  155 2nd  Street, 
Robins AFB GA 3 1098-1635.  Her phone numbers a r d -  

.  . .  . 

b.  You have the right to submit pertinent  statements and/or documents in your behalf which 
you desire to be considered in the disposition of your case. If  you elect to exercise your right to 
submit statements, and you return the attached form (Atch 4) within 15 days of receipt, you may 
submit statements or documents at any time during the administrative discharge process.  Your 
decision  on  requesting  or  waiving  the  board  hearing  does  not  affect  your  right  to  submit 
statements or documents during the administrative discharge process.  The form must  be  signed 
either  by  you  or  your 
legal  counsel  and  returned  to HQ AFRCDPM,  155 2nd  Street, 
Robins AFB GA 31098-1635. 

,

-

 

c.  If you  need  additional time to respond to this  separation action,  either you  or your  legal 
counsel  may  submit  a  written  request  to  HQ  AFRCDPM,  155  2nd  Street,  Robins  AFB GA 
31098-1635,  for an extension of time, stating why you need the extra time and how much you'll 
need.  The request must be submitted in sufficient time to reach this ofice within  15  days after 
receipt of this memorandum. 

- 

. a   %-.. 

4.  You  are eligible for an administrative discharge board.  Within  15  days after you  receive this 
memorandum, y 6 h a y  request to have your case heard by  an administrative dischaf@e%ard  at 
this  headquartee3 completing and  returning  the  attached  form  (Atch  5)  requestSigT board 
hearing.  If you  desire a board hearing, you  must  mail  the completed form in  sufficient time to 
reach this headquarters within  15 days after your receipt of this memorandum.  Otherwise, your 
right  to have your  case heard  by  an  administrative discharge board  will  be  considered waived. 
Within  15 days after you receive this memorandum, you may waive your right to have your case 
heard by  an administrative discharge board by  completing and returning the attached form (Atch 
6),  evidencing your waiver.  Information 
is 
provided  at Attachment 7. 

regarding  an  administrative  discharge  board 

b 

5.  You are not eligible to apply for transfer to the Retired Reserve. 

6. You should note that failure to respond on the selection of one of these options, or failure to 
request a delay within  15 days after you  receive this memorandum, will  constitute waiver of all 
your rights.  This includes the right to have your case heard by  an administrative discharge board, 
and will result in your case being processed on the basis of all the evidence then available. 

7.  Return envelopes are attached (Atch 8) for your convenience. 

* 

Attachments: 
1.  Privacy Act Statement 
2.  Statement of Reasons w/ 
Supporting Dmgentation 
3.  Acknowledgmht of Receipt 
4.  Selection of Rights 
5.  Request for Board Hearing 
6.  Waiver of Board Hearing 
7.  DischargiBoard Info 
8.  Envelopes (2) 

cc: 
HQ AFRCIJAS 
917 MSSDPMAR wo Attachments