AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-0 1-00044 

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, 2, & 3 are similar in nature all dealing with post-service, and will be addressed jointly.  The 
applicant contends that although tardiness was an issue in the military in is not a problem in the civilian 
work force.  He continues to be a law-abiding citizen and enjoyed serving his country and would do it again 
if called upon to do so. The Board reviewed the record and concluded the conduct for which applicant was 
discharged was a significant departure from the conduct expected of all military members.  The applicant 
received three Letters of Counseling, two for failing to report to his place of duty and for guard mount, and 
one for a uniform violation.  He received three Letters of Reprimand, one for failing to report to his duty 
section, one for leaving his weapon unattended and one for being absent without leave.  The applicant also 
received an Article 15 for failing to report to his place of duty.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  The many 
offenses of the applicant, although minor in nature when analyzed individually, amounted to an overall 
serious problem that could not be tolerated. The Boardqonclded that the character and reason for 
discharge were appropriate due to his misconduct. 

TLe Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of 
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 fill administrative due process. 

In view of the foregoing findings the board hrther 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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

F D - 0 1 - 0 0 0 4 4  

( Former AMN) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 96/10/10 UP AFI  36-3208, 
para 5.49 (Misconduct -  Disciplinary Infractions).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 75/08/28.  Enlmt Age: 18 2/12.  Disch Age: 21 1/12. Educ:HS DIP'L. 
AFQT: N/A.  A-60,  E-56,  G-44,  M-59. PAFSC: 3P032A -  Law Enforcement Military 
Working Dog Apprentice. DAS: 95/06/16. 

b.  Prior Sv: AFRes 93/11/05 -  94/10/11 (11 months 7 days) (Inactive). 

3.  SERVICE  UNDER  REVIEW: 

a.  Enld as AB 94/10/12 for 4 yrs.  Svd: 1 Yrs 11 Mo 29 Das, all AMs. 

b.  Grade Status:  AMN -  96/09/18 (Article 15, 96/09/18) 

A1C -  96/02/12 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 96/09/18, Edwards AFB, CA -  Article 86.  You, did, w/o 

authority, fail to g o   at the time prescribed to your 
appointed place of duty.  Rdn to Amn, 30 days 
restriction, and 20 days extra duty.  (No appeal) 
(No mitigation) 

- -  

.  (2) 96/08/09, Edwards AFB, CA -  Article 86.  You, did, o/a 
25 Jul-96, w/o authority, fail to go at the time 
prescribed to your appointed place of duty.  Seven days 
restriction, and 7 days extra duty.  (No appeal) 
(No .mitigation) 

e.  Additional: LOC, 0 3   JUL 95 -  Failure to go. 
LOR, 21 AUG 95 -  Failure to go. 
LOC, UNDATED -  Violation of AFI 36-2903. 
LOR, 30  JAN 96 -  Dereliction of duty. 
LOR,  27 MAR  96 -  Failure to go. 
LOC, 16 JUL 96 -  Failure to go. 
LOC, 25 JUL  96 -  Failure to go. 
MFR, 29 AUG 96 -  Dereliction go duty. 

f.  CM:  none. 

g.  Record of SV: 94/10/12  96/06/11  Edwards AFB  3  (Initial) 

(Discharged from Edwards AFB) 

E'DO1-000  4 4 

h.  Awards &  Decs:  AFTR, NDSM. 
i.  Stmt of Sv:  TMS:  (2) Yrs  (11) Mos  (6) Das 
TAMS:  (1) Yrs  (11) Mos  (29) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 0 0 / 1 2 / 0 5 .  

(Change Discharge to Honorable) 

Issue 1:  Tardiness to work was an issue in the Armed Forces.  No longer is 

that a problem in the work force. 

Issue 2:  While in the Armed Forces I was a Law Enforcement Official, I 
carried that into duties on the outside.  Remaining a law abiding citizen. 

Issue 3:  I plan to live my life to the fullest extent and enjoyed serving 

time for my country, and if the time cam where I had to do it again I would. 

ATCH 
none. 

01/02/09/ia 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE FLIGHT TEST CENTER (AFMC) 

EDWARDS AIR FORCE BASE, CALIFORNIA 

MEMORANDUM FOR 95 AEiW/CC 

FROM:  AFFTC/JA 

1 S Rosamond Blvd 
Edwards AFB CA  93524-1038 

SUBJECT: 

2 7 SfP  1996 

rge action is being processed against the respondent, Amn- 
95 SPS, for minor disciplinary infractions (AFI 36-3208, para 5.49). 

The package is legally sufficient subject to proper medical clearance.  The respondent has 
acknowledged that military legal counsel has been made available to him and has consulted with 
counsel.  He has submitted statements for your consideration (see Tab 3). 

2.  Analysis:  Enlisted members are subject to involuntary discharge for misconduct consisting of 
minor disciplinary infractions.  Minor disciplinary infractions include the failure to comply with 
nonpunitive regulations or minor offenses under the UCMJ (AFI 36-3208, para 5.49). In the case 
under consideration, the respondent has committed the following infractions: 

a. On  or about 03 July 1995, without authority, he failed to go at the time prescribed to his 

appointed place of duty.  For this, he received a Letter of Counseling (Atch  1.1); 

b. On or about 15 August 1995, without authority, he failed to go at the time prescribed to 

his appointed place of duty.  For this, he received a Letter ._ of  Reprimand (Atch  1.2); 

\ 

- 

c.  On or about 14 November  1995, he violated a lawhll instruction, AFI 36-2903, by 

reporting to work unshaven.  For this, he received his second Letter of Counseling (Atch  1.3); 

d.  On or about 2 January 1996, he was derelict in the performance of his assigned duty in 

that he left a weapon unattended, resulting in the inadvertent discharge of that weapon.  For this, 
he received his second Letter of Reprimand (Atch 1.4); 

e.  On or about 27 March 1996, without authority, he failed to go at the time prescribed to 

his appointed place of duty.  For this, he received his third Letter of  Reprimand (Atch 1.5); 

f  On or about 16 July 1996, without authority, he failed to go at the time prescribed to his 

appointed place of duty.  For this, he received his third Letter of  Counseling (Atch  1.6); 

g. On or about 25 July 1996, without authority, he failed to go at the time prescribed to his 

appointed place of duty.  For this, he received his fourth Letter of  Counseling (Atch  1.7); 

h. On 21 August 1996, he failed to perform his assigned duty in that he failed to conduct 

Base Entry Point Checks (Atch 1.8); and 

i.  On or about 1 September 1996, without authority, he failed to go at the time prescribed to 

his appointed place of duty.  For this, he received an Article 15, imposing a reduction in grade 
from A1C to Amn with a new date of rank of 18 Sep 96, 30 days restriction to Edwards AFB, 
and 20 days extra duty.  (Atch 1.9). 

A preponderance of the evidence indicates the respondent has engaged in minor disciplinary 

infractions. 

3.  Respondent's Statement: The respondent has submitted a statement for your consideration. 
His statement begins with a description of his life prior to entering the Air Force and covers his 
plan to continue his education upon discharge. Further, he briefly describes why he should 
receive an honorable discharge.  (Atch 3). 

4.  Characterization of Dischawe:  If you determine the respondent should be discharged, you 
service during his current enlistment.  The 
must determine how to 
commended the respondent be discharged 
respondent's command 
, paragraph 1.18.2, an airman's service 
with a general discharg 
should be characterized as Under Honorable Conditions (General) when significant negative 
aspects of the airman's conduct or duty performance outweigh positive aspects of the airman's 
military record.  Further, when an airman is discharged for misconduct, an honorable discharge is 
only merited when airman's record  It. . . has been so meritorious that any other characterization 
appropriate."  AFI 36-3208, Chapter 5, Section H, paragraph 5.48.4.  Given 
eated misconduct and lack $meritorious  service record, an Under Honorable 

Conditions (General) discharge is appropriate. 

5.  95 ABW/CC Options: As  separation authority, you are empowered to: 

a.  Retain the respondent; or, 

b.  Discharge the respondent with a general discharge for minor disciplinary infractions (MI 

36-3208, paragraph 5.49), with or without probation and rehabilitation; or, 

c. Recommend to HQ AFFTCKC that the respondent be discharged with an honorable 
discharge for minor disciplinary infractions (AFI 36-3208, paragraph 5.49), with or without 
probation and rehabilitation; or 

d.  Return the package to the unit for hrther processing if you determine that the discharge 

should be characterized as Under Other Than Honorable Conditions. 

f 

ording t 
cord shows he ignored numerous opportunities to correct his behavior 

the respondent has failed to correct his 

and continued his pattern of misconduct. Therefore, I recommend the respondent be separated 
from the Air Force with an Under Honorable Conditions (General) Discharge under AFI 36-3208, 
Chapter 5, Section H, paragraph 5.49 without probation and rehabilitation.  If you concur, please 
sign the letter located at Tab 1. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 95TH AIR BASE WING (AFMC) 

EDWARDS AIR FORCE BASE, CALIFORNIA 

MEMORANDUM FO 

FROM:  95 SPS/CC 

105 E Mojave Blvd 
Edwards AFB CA 93524-1 145 

SUBJECT: Notification Memorandum 

2 0  SEP  1996 

I am recommending your discharge from the United States Air Force for minor disciplinary 

infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my 
recommendation is approved, your discharge will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

My reasons for this action are: 

a. You, did on or about 03 July  1995, without authority, fail to go at 
your appointed place of duty as evidenced by a Letter of Counseling fro 
Jul95.  (Atch 1.1). 

b. You, did on or about 15 August 1995, without authority, fail to go at th 

to your appointed place of duty as evidenced by a Letter of  Reprimand from 
dated 21 Aug 95.  (Atch 1.2). 

c.  You, did on or about 14 November 1995, violate a lawful1 instruction, AFI 36-2903, by 

reporting to work unshaven as evidenced by a Lelter ofCounseling, undated.  (Atch 1.3). 

- 

d.  You, were on or about 2 January 1996, derelict in the performance of your assigned duty 

in that you left a weapon unattended, resulting in the inadvertent discharge of that weapon as 
evidence by a Letter of Reprimand, dated 30 Jan 96.  (Atch 1.4). 

e.  You, did on or about 27 March 1996, without authority, fail to go at the time prescribed 

to your appointed place of duty as evidenced by a Letter of  Reprimand fro 
dated 27 Mar 96. (Atch 1.5). 

f. You, did on or about 16 July 1996, without authority, fail to go at the time prescribd to 
dated 

your appointed place of duty as evidenced by a Letter of  Counseling fro 
16 Jul96. (Atch 1.6). 

I

'

 

g. You, did on or about 25 July 1996, without authority, fail to go at the time prescribed to 
o for Record by the First Sergeant dated 26 

your appointed place of duty as evidenc 
Jul96 and a Letter of  Counseling fro 

dated 25 Jul96. (Atch 1.7). 

h. You, were on or about 21 August 1996, derelict in the performance of your assigned duty 

uct Base Entry Point Checks (BEPC'S) as evidenced by a Memo for 
dated 29 Aug 96.  (Atch 1.8). 

i.  You, did on or about 1 September 1996, without authority, fail to go at the time 

prescribed to your appointed place of duty as evidenced by an Article 15, dated  19 Sep 96, with 
supporting documents.  (Atch 1.9). 

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 you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force. 

You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
at Bldg 6200 on 24  SeP \ at  0 7 0 0  

have made an appointment for you to consult  A 0 
hrs.  You may consult civilian counsel at your own expense 

You have the right to submit statements in your own behalf.  Any statements you want the 

separation authority to consider must reach me by3.7  5 e9 \ 'i I, unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

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. 

You have been scheduled for a medical examination.  You must report to the Physical 

Examination Section, Flight Surgeon's Ofice, Bldg 3925 at 0800 hrs on 25 Sep 96 for the 
examination. 

__ 

\ 

Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974.  A 

I 

copy of AFI 36-3208, is available for your use in the Orderly Room. 

Commander 

Attachments: 
1. Supporting documents 
1.1 LOC, dtd 3 Jul95 
1.2 LOR, dtd 21 Aug 95 
1.3 LOC, undtd