AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00052 

GENERAL: 
Reenlistment Eligibility (RE) code. 

The  applicant  appeals  for  upgrade  of/change  of  reason  for  discharge  and  change  of 

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 thc applicant and the factors leading to the 
=charge. 

FINDINGS:  Upgrade of/change of reason for discharge change of RE code are denied. 
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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, four Letters of Reprimand, and a Record of Individual Counseling for 
misconduct.  The misconduct included being late for work on several occasions, failing to report for duty 
on time several occasions, and failing to report back to duty on time.  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/change  of reason  for  discharge and  change of RE  code; thus,  the  applicant's discharge 
should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA) 

FD-01-00052 

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1.  MATTER UNDER REVIEW:  --pp1 rec'd  a GEN Disch fr USAF 95/10/06 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch and to Change the Reason and Authority for Disch. 

I 

2.  BACKGROUND: 

a. DOB: 74/07/24.  Enlmt Age:  17 10/12.  Disch Age: 21 2/12. Educ:HS DIPL. 

AFQT: N/A.  A-72,  E-81,  G-70,  M-59. PAFSC: 2E231B'- Electronic Computer and 
Switching Systems Apprentice. DAS: 93/07/22. 

b.  Prior Sv: AFRes 92/06/17 -  92/10/15 (3 months 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 92/10/16 for 4 yrs.  Svd: 2 Yrs 11 Mo  21 Das, all AMs. 

b.  Grade Status:  SRA -  95/02/16 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 94/04/04, Tinker AFB, OK  -  Article 86.  You, did, o/a 

4 Mar  94, w/o auth, fail to go at the time prescribed to 
your appointed place of duty.  Rdn to AB  (susp till 23 
Sep 94), forfeiture of $250.00 pay per month for 2 
months and 30  days Correctional Custody. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOC, 17 SEP 93 -  Late for work. 
LOC, 28 SEP 93 -  Late for work. 
LOR, 19 NOV 93 -  Late for work. 
LOR, 08 MAR 94 -  Late for work. 
LOR, 24 AUG 95 -  Late for work. 

. 

f.  CM:  none. 

g.  Record of SV: 92/10/16  94/06/15  Tinker AFB  3  (Initial) 
94/06/16  95/03/17  Tinker AFB  3  (CROIREF 

(Discharged from Tinker AFB) 

h.  Awards &  Decs:  AFOUA, NDSM, AFTR, SWASM W/l DEV. 
i.  Stmt of  Sv:  TMS:  (3) Yrs  (3) Mos  (20) Das 

'Tms :  f2)  Yrs  (11) Mos  1214  DES  - 

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4 .   aASIS ADVANCED FOR  REVIEW:  Appln 

( D D   E'm  2 9 3 )   d t d   01/01/.05. 

(Change  D i s c h a r g e   t o   Honorable  and  Change  t h e   Reason  and  A u t h o r i t y   f o r  

Discharge) 

- 4 0  ISSUES  SUBMI-W%D. 

ATCH 
none. 

E'DO1-00052 

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01/02/16/ia 

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DEPARTMENT O F  THE AIR  FORCE 

t-lEADQUARTERS OKLAHOMA CITY AIR  LOCISl ICs CENTER  (AFMC) 

TINKER AIR  FORCE  BASE, OKLAHOMA 

MEMORANDUM FOR 7 
FROM: OC-ALC/JAG 

ABw/cc 

7460  2 & S t ,  
Tinker AFB, OK  73145- 9002 

SE Wg 

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27  September 1995 

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e 

SUBJEC 

AFI 36- 3208  Discharge Action 
965  AACS 

I have reviewed the proposed discharge action against 

1. 
and find it  legally sufficient to support the discharge, 
containing a medical examination report indicating the respondent is medically 
qualified for world-wide duty and separation. 
2 .   Basis of  Action:  Respondent's Commander recommends discharge under 
AFI 3 6 - 3 2 0 8 ,   paragraph 5 . 4 9 ,   Misconduct, Minor Disciplinary Infractions.  After 
consultation with counsel, respondent has submitted statements on his own behalf, 
along with 4  character letters.  See Tab 2 ,   Atch 3 .   The Commander recommends a 
general discharge. 
3 .   Summary of the Evidence: 
a.  For the Government: 

( 1 )   During the week of 1 6 - 2 0  Aug 9 3 ,   respondent was late for work on 
several occasions while assigned to  "weeds and seeds"  detail.  As  a result, 
respondent received a Letter of Counseling, dated 17  Sep 9 3 .  

On  2 7   Sep  9 3 ,   respondent  reported  late  for  duty  and  safety 
training.  As  a result, respondent received a Letter of Counseling, dated 28 Sep 
9 3 .  

( 2 )  

( 3 )   On 16  Nov 9 3 ,   respondent failed to report back to duty on time. 

As a result, respondent received a Letter of Reprimand, dated 19  Nov 9 3 .  

( 4 )   On 28  Feb  9 4 ,   respondent left work  after being released from 
details, when  told to stay.  As  a result, respondent received a Letter of 
Reprimand, dated 8 Mar 9 4 .  

( 5 )   On 2  Mar 9 4 ,   respondent failed to report for duty on time.  As a 

result, respondent received a Letter of Reprimand, dated 8 Mar 9 4 .  

(6)  On 4  Mar 9 4 ,   respondent failed to report for duty on time.  As a 

result, respondent received an Article 15  on 1 5   Mar 9 4 .  

( 7 )   On 4  Aug 95,  respondent failed to report for duty on time.  As a 

result, respondent received a Letter of Reprimand, dated 2 4   Aug 9 5 .  

b.  Respondent's Military History: 

"ATTORNEY'S WORK PRODUCT PREPARED IN DIRECT OR INDIRECT 
ANTICIPATION OF LITIGATION. NOT FOR RELEASE OR TRANSFER 
OUTSIDE THE AIR FORCE WITHOUT THE SPECIFIC APPROVAL OF 
THE ORIGINATOR  OR  HIGHER AUTHORITY. NOT SUBJECT TO 
DIS-=EASE 

UNDER- PL93-502-  ( 5  USC -552 L. " 

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duty for 3 years. 

(1)  Respondent is 21 years of age, and has been on active military 

Gen -  70; Mech -  59. 

( 2 )   Respondent's AQE scores are as follows:  Adm  -  72; Elec -  81; 

ratings, each "3". 

(3)  Respondent has received 2 enlisted performance reports: overall 

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has had no formal training. 

(4)Respondent 
(5) Respondent is entitled to wear the following ribbons, awards, and 
medals:  AF  Outstanding Unit  Award, National  Defense Service Medal  and  AF 
Training Ribbon. 
4.  Discussion: 

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-.. 

By a preponderance of the evidence, the file supports discharge under AFI 
36-3208, paragraph 5.49, Misconduct, Minor Disciplinary Infractions. Active duty 
members are required to maintain high standards of conduct, both on and off duty. 
It is vital that active duty members uphold and maintain the dignity and good 
reputation of the Air  Force at all times and in all places.  Respondent has 
received 2 Letters of Counseling, 4  Letters of Reprimand, and an Article 15.  We 
recommend immediate Separation of the respondent. 
5.  Characterization: 

a.  A n   honorable discharge is the appropriate characterization when the 
airman's service has generally met Air Force standards of acceptable conduct and 
performance of duty. 

b.  Characterization of  service  as  general  indicates  that  significant 
negative aspects of the airman's conduct or performance of duty outweigh the 
positive aspects of the member's record. 

c. 

In this case, respondent's pattern of misconduct is contrary~to Air Force 
standards of acceptable conduct and performance of duty.  The negative aspects 
of the airman's conduct outweigh the positive aspects of respondent's military 
record.  Respondent's Commander recommends a general discharge.  We concur. 
6. Probation and Rehabilitation:  Probation and rehabilitation is not warranted 
in this case.  Respondent has been given ample opportunity to rehabilitate 
himself and has not responded favorably. 
36-3208, para 7.3, have not been met. 
7.  Options of the Separation Authority -  7 2   ABW/CC: 

The criteria established in AFI 

a. 

Approve a general discharge for respondent, with or without probation 

and rehabilitation, or 

b.  Forward the file to OC-ALC/CC with a recommendation for an honorable 
discharge for respondent, with or without probation and rehabilitation. When the 
basis of the discharge includes misconduct, then you must specifically state the 
reasons for the recommendation, or 

c.  Disapprove the discharge and retain the respondent on active duty. 

"ATTORNEY'S WORK PRODUCT PREPARED IN DIRECT OR INDIRECT 
ANTICIPATION OF LITIGATION. NOT FOR RELEASE OR TRANSFER 
OUTSIDE THE AIR FORCE WITHOUT THE SPECIFIC APPROVAL OF 
THE ORIGINATOR  OR  HIGHER AUTHORITY.  NOT  SUBJECT  TO 
DISCOVERY OR RELEASE UNDER PL93-502 -. (5 V_SC -552) - . " 

8.  Recommendation:  That 
11 be discharged from the United 
graph  5 . 4 9 ,   Misconduct,  Minor 
States  Air  Force  under 
Disciplinary  Infractions, with  a  general  discharge, without  probation  and 
rehabilitation.  Siqn letter at Tab 1. 

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Attachments: 
1.  Proposed Discharge Ltr 
2.  AFI 36-3208 Discharge Pkg 

"ATTORNEY' S WORK PRODUCT PREPARED IN DIRECT OR INDIRECT 
ANTICIPATIONOFLITIGATION. NOTFOR RELEASE ORTRANSFER 
OUTSIDE THE AIR FORCE WITHOUT THE SPECIFIC APPROVAL OF 
THE ORIGINATOR  OR  HIGHER  AUTHORITY. NOT SUBJECT TO 
DIS-EASE 

UNDER PL93 -502-  ( 5  W C  -552 )- . " 

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DEPARTMENT OF THE AIR FORCE 

552d OPERATIONS GROUP (ACC) 

TINKER AIR  FORCE BASE  OKLAHOMA 

@'132L)(-  otja5-2- 

12 Sep 95 

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MEMORANDUM FOR  SRA V I-  965 AACS 
FROM:  965 AACS/CCQ 

Tinke-FB 

OK  73145 

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e" 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for 
The authority for this action is AFPD 36-32 and AFI 36-3208, 
Misconduct. 
paragraph 5.49, Minor Disciplinary Infractions.  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.  During the week of 16-20 Aug 93, you were late for work on several 

occasions while assigned to "weeds and seeds" detail.  As a result, you 
received a Letter of Counseling, dated 17 Sep 93.  See Atch 1. 

b.  On 27 Sep 93, you reported late for duty and safety training.  You 
As a result, you received a 

were approximately 10 minutes late for each. 
Letter of Counseling, dated 28 Sep 93.  See Atch 2. 

c.  On 16 Nov  93, you failed to report back to duty on time.  As a result, 

you received a Letter of Reprimand, dated 19 Nov 93. 

See Atch 3. 

d.  On 28 Feb 94, you left work after being released from details, when 

you were told to stay.  As  a result, you received a Letter of Reprimand, dated 
8 Mar 94.  See Atch 4. 

e.  On 2 Mar 94, you failed to report for duty on time.  As a result, you 

received a Letter of Reprimand, dated 8  Mar 94. 

See Atch 5. 

f.  On 4 Mar 94, you failed to report for duty on time.  As a result, YOU 

received an Article 15 on 15 Mar 94.  See Atch 6. 

See Atch 7. 

g.  On 4 Aug 95, you failed to report for duty on time.  As a result, YOU 

received a Letter of Reprimand, dated 24 Aug 95. 
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. 
3.  You have the right to consult counsel.  Military  legal counsel has been 
I have made arrangements for you to consult Capt 
obtained to assist you. 
necessary to change this appointment time, call Capt # at 405/739-7713. 
You may consult civilian counsel at your own expense. 
4. You have the right to submit statements in your own  behalf.  Any statements 
you want the separation authority to consider must reach me by 15 Sep 95, 
unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

at Bldg 452, Tinker AFB OK on 14 Sep 95, at 1430 hours.  If it is 

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5.  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. 
6.  You were scheduled for a medical examination on 11 Sep 95, 0700 hours, and 
you should have reported to the Tinker AFB Hospital, Physical Exam Section, on 
that date for the examination. 
7.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act of 1974.  A  copy of AFI 36-3208 is available for your use in the szderly 
room. 

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Attachments 
1.  M C ,  dtd 17 Sep 93 
2.  LOCI  dtd 28 Sep 93 
3.  LOR, dtd 19 Nov  93 
4.  LOR, dtd 8 Mar 94 
5.  LOR, dtd 8 Mar 94 
6.  Article 15, dtd 15 Mar 94 
7.  LOR, dtd 24 Aug 95