AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00050 

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 issue is listed in the attached brief. 

Issue applies to the applicant's post-service activities. The DRB noted that the applicant had completed several 
courses to  be  a  firefighterEMT  and  congratulates him  for  it.  However, no  inequity  or  impropriety in his 
discharge was found in the course of the hearing.  The records indicated the applicant received two Article 15s 
and  seven Letters of Reprimands for misconduct.  The misconduct included failing to follow weapon system 
safety rules, failing to maintain insurance coverage on his vehicle, failing to ensure that a cable was connected 
to the power supply group, being disrespectful towards his flight chief, making a false statement to a superior 
officer, behaving in an unprofessional manner, parking improperly on two occasions, and driving a government 
vehicle  on a gravel road in excess of the appropriate speed which resulted  in rolling the vehicle.  The DRB 
opined that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  If he can provide additional documented information to substantiate an issue, the applicant should 
consider exercising his right to make a personal appearance before the Board.  If he should choose to exercise 
his right to a personal appearance hearing, the applicant should 'be prepared to provide the DRB 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  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, 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 

FD-01-00050 

(Former A1C) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 89/06/13 UP AFR 39-10, 
para 5-47a  (Misconduct -  Discreditable Involvement with Military Authorities). 
Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 65/02/27.  Enlmt Age: 20 9/12.  Disch Age: 24 3/12. Educ:HS DIPL. 

AFQT: N/A.  A-77,  E-68,  G-64,  M-89. PAFSC: 41150A -  Missile Systems 
Maintenance Specialist. DAS: 89/03/27. 

b.  Prior Sv: AFRes 85/12/23 -  86/05/11 (4 months 1 9   days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enld as AB 86/05/12 for 4 yrs.  Svd: 3 Yrs 1 Mo  2 Das, all AMs. 

b.  Grade Status:  A1C -  89/04/16 
AMN -  88/06/16 
AB -  87/07/31 (Article 15, 87/07/31) 
AMN -  86/11/12 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 89/05/22, Minot AFB, ND -  Article 92.  You, who knew of 

your duties, o/a 8 May 89, were derelict in the 
performance of those duties in that you negligently 
failed to maintain insurance coverage on your vehicle, 
as it was your duty to do.  Forfeiture of $250.00 pay 
per month for two months  (susp till 21 Nov 891, and 30 
days extra duty.  (No appeal) (No mitigation) 

( 2 )   87/07/31, Minot AFB, ND -  Article 107.  You did, o/a 12 

Jul 87, with intent to deceive, make to Captain -------, 
an official statement to wit: "I  found them last night, 
put them in my wife's car, and forgot them when I drove 
my truck to work," or words to that effect, in reply to 
Captain - - - - - - - I  
s question as to where are your military 
issued glasses, which statement was totally false, and 
then known by you to be so false.  Rdn to AB. 
(Appeal /Denied) (No mi tigat ion) 

e.  Additional: LOR, 09 FEB 88  -  Dereliction of duty. 
__ LOR, 10 DEC 87 -  Dereliction of duty. 

-- 

LOR, 27 OCT 87 -  Disrespect to a superior. 
LOR, 05 JUN 87 -  Unprofessional &  undisciplirrred- behavior. 

- 

FDO1-00050 

LOR, 01 APR 87 -  Traffic Ticket. 
LOR, 28 JAN 87 -  Recless driving. 

f.  CM:  none. 

- -__ 

__ 

g.  Recordof SV: 86/05/12  87/05/11  Minot AFB  8 
87/05/12  88/05/11  Minot AFB  6 
88/05/12  89/03/15  Minot AFB  9 

(Discharged from Minot AFB) 

___ 
(Anni al)  -- 
(Annual ) REF 
(CRO) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  ( 3 )  Yrs  (5) Mos  (21) Das 
TAMS:  (3) Yrs  (1,) Mos  (2) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD E’m  293) dtd 01/01/25. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. Four Commendations. 

01 /02/15/ia 

D E P A R T M E N T  OFTHE AIR FORCE 

H E A D Q U A R T E R S  57TH AIR DIVISION I S A C )  

M I N O T  A I R   FORCE BASE. N O R T H  DAKOTA 58705-5000 

REPLY  TO 
ATTN  OF: 

JA 

3-3326) 

Legal  Review,  AFR  39-18,  P a r a g r a p h   5-47a. 

_ _ _  

SUEJECT: 

TO. 

__ 

12  June  1989 

- 

1.  The  Commander,  4891  MAG,  h a s   recommended  t h a t   r e s p o n d e n t   b e   d i s c h a r g e d  
p r i o r   t o  t h e  e x p i r a t i o n   of  h i s  term  of  e n l i s t m e n t   b e c a u s e   of  d i s c r e d i t a b l e  
involvement  w i t h   m i l i t a r y   a u t h o r i t i e s   p u r s u a n t   t o  AFR  39-18,  paragraph  5-47a. 
The  commander  h a s  recommended  t h a t   s u b j e c t   b e   g i v e n   a  g e n e r a l   d i s c h a r g e .  

a s  n o   p r i o r   service.  S i n c e  b e i n g   a s s i g n e d  
d r o v e   a  GOV  on  a  g r a v e l   r o a d   i n  excess  of 
by  r o l l i n g   t h e  v e h i c l e !   on  two  o c c a s i o n s ,  

2 
e n l i s t e d   i n  t h e  United  S t a t e s  A i r   F o r c e   on  12  May 
y e a r  
1 
t o  Minot  A i r   F o r c e   Base,  A l C  
t h e  s p e e d   l i m i t   and  damaged  t 
i m p r o p e r l y   parked  on  sodded  areas  i n   b a s e   housing  i n   v i o l a t i o n   of  b a s e  
r e g u l a t i o n s ;   behaved  himself 
d u r i n g   t r a i n i n g ;   was  d i s r e s p e c t f u l   t o  two  s u p e r i o r   noncommissioned  o f f i c e r s :  
made  a false o f f i c i a l   s t a t e m e n t   t o  a  s u p e r i o r   commissioned  o f f i c e r ;   was 
d i s r e s p e c t f u l   towards  h i s  F l i g h t   C h i e f ;   was  p a r t   of  a  team  t h a t   f a i l e d   t o  
e n s u r e   t h a t   a  c a b l e  a t   a  LCF  was  c o n n e c t e d   t o  a  power  s u p p l y   group, 
n e c e s s i t a t i n g   t h e  replacement  of  12  LCF  b a t t e r i e s ;   f a i l e d   t o  f o l l o w   weapon 
s y s t e m   s a f e t y   r u l e s ;   and  n e g l i g e n t l y   f a i l e d   t o  maintain  i n s u r a n c e   c o v e r a g e  on 
h i s   v e h i c l e .  

i n  a n   u n p r o f e s s i o n a l   and  u n d i s c i p l i n e d   manner 

, a f t e r   b e i n g   c o u n s e l e d   by  Captai- 
3. 
a d v o c a t e ,   c o n c e r n i n g   t h e  r i g h t s   and  p r i v i l e g e s   e x t e n d e d   under  AFR  39-10, 
d e c i d e d   t o  s u b m i t   statements on  h i s  own  b e h a l f .  
statement  is t h a t   h e  f e e l s  h i s   service  i n   t h i s  e n l i s t m e n t   h a s   been 
s u f f i c i e n t l y  noteworthy  t o  merit  an  h o n o r a b l e   r a t h e r   t h a n   a  g e n e r a l  
c h a r a c t e r i z a t i o n   of  h i s  service.  A d d i t i o n a l l y ,   h e  h a s   s u b m i t t e d   f o u r  
s t a t e m e n t s  from  coworkers  and  f o r m e r   coworkers  a t t e s t i n g   t o  h i s  d u t y  
p e r f o r m a n c e   and  good a t t i t u d e .  
(8Jll%+ an  h o n o r a b l e   d i s c h a r g e .  

T h r e e   of  t h e  statements  u r g e   you  t o  g r a n t   A1C 

The  s u b s t a n c e   of  h i 5  p e r s o n a l  

, a  j u d g e  

Numerous  SAC  Form  150rZr's  ( P e r s o n n e l   E v a l u a t i o n   Summaries)  are also i n c l u d e d   by 

i c h   attest  t o  h i s   " e x c e l l e n t "   or  " o u t s t a n d i n g   s y s t e m s  
h i s  "excellent  a t t i t u d e "  and  h i s   " s u p e r b   command  and  r e s p o n s e s   t o  
knowledge", 
tasks."  F i v e   F i e l d   S u p e r v i s o r y   V i s i t   r e p o r t s   ( d u r i n g   a  p e r i o d   of  Sep  t h r u   Dec 
were  also p r o v i d e d   f o r   y o u r   c o n s i d e r a t i o n .   T h e s e  
1987)  r e g a r d i n g   A1C 

f l e c t   e v a l u a t i o n s   by  s u p e r v i s o r s  of  a n   OMMS  team  o u t   i n   t h e   f i e l d .  
a  was  a  team  member  d u r i n g   t h e s e  v i s i t s .   The  e v a l u a t o r s  note  t h e  
p o n s e s   t o  t h e i r   tasks  t o  b e   p r e d o m i n a n t l y   f a v o r a b l e ?   however,  A1C 
n o t   s i n g l e d   out  by  name  b y   a n y   of  t h e  evaluators  and  some  n e g a t i v e  

-1% 

comments  and  o n l y   " s a t i s f a c t o r y "  markings  are noted. 
l e t t e r   of  a p p r e c i a t i o n   from  L t   Col 

F i n a l l y ,   t h e r e   i 5  a 

eltmteer  f o r  t h e  North-  D a M a -  State- F a i r   Year-  of  the 

former  91  OMMS/CC,  which  t h a n k s  
- 

a  forkswg-a+ 

C h i l d   i n   J u l y   1987. 

4.  As  discharge  a u t h o r i t y ,   your  options  are: 

a.  Retain  t h e   respondent; 

. .  

b.  Return  the  case  t o  t h e   squadron  f o r   processing  under  a  more 

appropriate  p r o v i  s i  on; 

c.  Discharge  t h e   respondent  with  a  general  discharge,  w i t h   o r   without 

suspension  for probation  and  r e h a b i l i t a t i o n ;  

.___ 

-_ 

d.  Forward  your  recommendation  f o r   an  honorable  discharge,  w i t h   o r  

without  suspension  for  probation  and  r e h a b i l i t a t i o n  t o  15  AF/CC. 

discharge  from  t h e  

The  f i l e  i s  l e g a l l y  s u f f i c i e n t   t o  support  A l C   - ' s  

5. 
United States  A i r   Force.  H i 5  repeated  a c t s   of  misconduct  from  1987  through 
May  of  t h i s   year  c l e a r l y  provide  a  basis  f o r   discharge  f o r   misconduct.  The 
p a t t e r n  of  misconduct  which  serves  as  a  basis  f o r   h i s  discharge  consists  o f  
several  serious  personal  i n t e g r i t y  concerns,  s e l f - d i s c i p l i n e  problems,  and 
numerous  professional  d e r e l i c t i o n s .   The  frequency  with  which  they  occurred 
c e r t a i n l y   provides  t h e   commander  w i t h   a  reason  f o r   separation  a t   t h i s  p o i n t .  
Some  evidence  from  t h e   statements  he  has  provided  t o  you  and  t h e   evaluations 
. from  h i s  supervisors  supports  his contention  t h a t   h i s  s e r v i c e   has  been  honest 
and f a i t h f u l   i n  many  respects!  however,  t h e   quantity  and  t h e   q u a l i t y   of  the 
types  of  h i s  misconduct  do s i g n i f i c a n t l y   outweigh  t h e   p o s i t i v e  aspects  of  h i s  
m i l i t a r y  record.  Even  considering  h i s  gradual  improvement  i n  h i s  duty 
performance,  as  r e f l e c t e d   by  h i s  APRs  which  have  had  o v e r a l l   r a t i n g s  of  8,  6 ,  
and  9, 
regulations.  Despite  repeated  use  of  r e h a b i l i t a t i v e   t o o l s   such  as  LOR5 and 
two  A r t i c l e   15  punishments,  AlC-has 
d i r e c t e d   towards  compliance  w i t h   a l l  aspects  of  h i s  AF  r e s p o n s i b i l i t i e s .  
Accordingly,  i t  i s  recommended  t h a t   t h e   discharge  be  executed  and  Al- 
be  furnished  a  general  discharge  without  suspension  f o r   probation and 
r e h a b i l i t a t i o n .  

has  continued  t o  disregard  numerous  AF  r u l e s  and 

not  been  able  t o  keep  h i s  e f f o r t s  

- _ _  

__ 

' 

AF 

DEPARTMENT O F  T H E . A I R  FORCE 

H E A D Q U A R T E R S  91 S T  S T R A T E G I C   M I S S I L E  W I N G   ( S A C )  

M l N O T  A I R   F O R C E  BASE,  N O R T H  D A K O T A  58705-5000 

REPLY TO 

ATTN OF  4891 MAG/CC 

. __ 

SUBJECT 

Letter of Not--ifcation 

B.6 JUN  1989 

__ 

To  AIC 1, 4091  MAG 

I am recommending your discharge from the United States Air Force 

1. 
for misconduct, more specifically, discreditable involvement with 
military authorities.  M y  authority for this action is AFR  39-10, paragraph 
5-47a. 
a5 honorable or general. 
as general. 

If my recommendation is approved, your discharge will  be characterized 
I  am recommending that your service be characterized 

2.  My  reasons for this action are: 

a.  On or about 8 May  1989, at Minot AFB,  ND,  you were derelict in the 
As a result of  this incident, you were 

performance of  your duties in that you negligently failed to maintain 
insurance coverage on your vehicle. 
punished under Article 15  of  the UCMJ  on 22 May  1989. 
to follow weapon system safety rules for which you received a Letter of 
Reprimand on 9 February 1988. 

On or about  1  February 1988,  at Launch Facility F-Ob,  you failed 

b. 

c.  On or about 1 1  November  1987, you were part of  a team that 

performed a motor generator'checkout at Launch Control Facility C-01.  During 
that checkout, you failed to ensure that cable W044  was connected to the power 
supply group.  As  a result of  thin, on 4  December  1987,  the motor generator 
failed to transfer to DC power and necessitated the replacement of 12 LCF 
batteries.  For  this incident, you received a Letter of Reprimand on  10 
December 1987. 

On or  about 23 October  1987, at Minot AFB,  ND, you were disrespectful 

d. 

towards your Flight Chief and threatened to "rip his head off." 
of  this incident, you were given a Letter of  Reprimand on 27 October  1987. 

e.  On or about 12 July  1987, you made a false official statement 

4s a result 

regarding your military issued glasses to a ~ ~ ~ p e r i o r  
"I found them last night, put them in my wife's  car, and forgot them when  I 
drove my truck to work", which statement you knew to be false.  As a result of 
this incident you were punished under Article 15 of  the UCMJ  on 31 July 1987. 

commissioned officer that 

On or about 27 July  1987,  at  OT  near Minot AFB,  ND, you were 

disrespectful to two superior noncomissioned officers for which you received 
a Letter of  Reprimand on 28 July 1987. 

f . 

9. 

On or about 4  June 1987,  at LCF  C-01,  y w  behaved in an 

unprofessional and undisciplined manner during training for which you received 
a Letter of  Reprimand on 5  June 1987. 

* 

P e a c e  . . . . i s  o u r  P r o f e s s i o n  

h.  During  a  5 i x   day  p e r i o d   p r i o r   t o   1  A p r i l   1987.  a t   Minot  AFB,  ND,  on 

two  o c c a s i o n s ,   you  i m p r o p e r l y   p a r k e d   on  sodded  areas  l n   v i o l a t i o n   of  base 
r e g u l a t i o n s .   A s   a  r e s u l t   of 
T r a f f i c   Tickets  and  a Letter  of  Reprimand  on  1  A p r i l   1987. 

t h e s e   i n c i d e n t s ,   you  r e c e i v e d   Armed  F o r c e s  

1 .   On  or  a b o u t   12  J a n u a r y   1987,  you  d r o v e   a  government  v e h i c l e   on  a 

g r a v e l   r o a d   i n   excess  of  t h e   a p p r o p r i a t e   s p e e d   l i m i t .   As  a  r e s u l t ,   you 
" r o l l e d "   t h e   v e h i c l e ,   f o r   which  you  r e c e i v e d   a  Letter  o f   Reprimand  on  28 
J a n u a r y   1987. 

-I_ 

- 
__ 

t h c d o c u m e n t s   t o  b e   forwarded  t o  the  s e p a r a t i o n   a u t h o r i t y T S  s u p p o r t  

C o p i e s   of 
of  t h i s  recommendation  are  a t t a c h e d .   The  Commander  e x e r c i s i n g   SPCM 
JUriSdiCtiOn  (57 AD/CC)  or  a  h i g h e r   a u t h o r i t y   w i l l   d e c i d e   whether  you  w i l l   b e  
d i s c h a r g e d   OF r e t a i n e d   i n   t h e   A i r   F o r c e ,   a n d ,   i f   you  are  d i s c h a r g e d ,   how  your 
I f   you  are  d i s c h a r g e d ,   you  w i l l   b e   i n e l i g i b l e  
s e r v i c e   w i l l   b e   c h a r a c t e r i z e d .  
for r e e n l i s t m e n t   i n   t h e  A i r   Force. 

- 

3.  You  h a v e   t h e  r i g h t   t o  c o n s u l t   c o u n s e l .   M i l i t a r y   l e g a l   c o u n s e l   h a s   been 
o b t a i n e d   t o  assist  you. 
# June  --, 1989  a t  
t o  c o n s u l t   Capt 
-. 
--------- 
~~~n 

You  may  c o n s u l t   c i v i l i a n   c o u n s e l   a t   your  own  expense. 

t h e  ADC,  a t   h e r   o f f i c e ,   Bldg  475,  Room 3@6A, on 

I  h a v e   made  an  appointment  f o r   yo 

hours. 

You  h a v e   t h e  r i g h t   t o  s u b m i t   s t a t e m e n t s   i n   your  own  b e h a l f .   Any 

4. 
s t a t e m e n t s   you  want  t h e  s e p a r a t i o n   a u t h o r i t y   t o  c o n s i d e r   must  r e a c h   m e   by 
------ 
1600  h o u r s   -'&--% 
good  c a u s e   shown. 

1989 u n l e s s   you  r e q u e s t   and  r e c e i v e   a n   e x t e n s i o n   +or 

I  w i l l   s e n d   them  t o  t h e   s e p a r a t i o n   a u t h o r i t y .  

If  you  f a i l   t o  c o n s u l t   c o u n s e l   or  t o  s u b m i t   s t a t e m e n t s   i n   your  own  b e h a l f ,  

5. 
your  f a i l u r e  w i l l   c o n s t i t u t e  a  waiver  of  your  r i g h t   t o  do  so. 

6. 

You  were  p r e v i o u s l y   s c h e d u l e d   f o r   a  medical  e x a m i n a t i o n .  

7. 
Act 
ava 

f h y   p e r s o n a l   i n f o r m a t i o n  'you  f u r n i s h   i n   r e b u t t a l   is c o v e r e d   by  t h e  P r i v a c y  
S t a t e m e n t   as e x p l a i n e d   i n   AFR  39-10,  a t t a c h m e n t   6. 
A  copy  of  AFR  39-lfd  is 
l a b l e  f o r   your  u s e   i n   t h e  O r d e r l y   Room. 

8. 

E x e c u t e   t h e  a t t a c h e d   acknowledgment  and  r e t u r n   it  t o  me 

immediately. 

2  Atch 
1.  S u p p o r t i n g   Documents  f o r   t h e  

Reasons  for  D i s c h a r g e  
A r t   15 - 22  May  89 
a. 
b.  LOR  - 9  Feb  88 
c.  LOR  - 10 .Dee  87 
LOR  -  27  O c t   87 
d. 
e.  A r t   15 - 31  J u l y   87 
f .   LOR  - 28  Ju1  87 
LOR  - 5 J u n   87 
LOR  - 1  Apr  87 
g. 
h. 
i .   LOR  - 28  Jan  87 

2.  Airman's  Acknowledgment