FD01-00054 

GENERAL: The applicant appeals for upgrade of discharge to Honorable. 

The applicant requested a personal  appearance before the Discharge Review Board (DRB) but failed to 
appear for his hearing.  A non-personal appearance hearing was held on May 1 1,200 1. 

The attached brief  contains the  available pertinent  data on  the  applicant and the  factors  leading to  the 
discharge. 

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FINDINGS:  Upgrade of tdischarge is denied. 
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The  Board  unanimously  G d s  that  no  evidence provided  by  the  applicant  substantiates an inequity  or 
impropriety to justify a change of discharge. 

A T  

_a 

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

Issue:  The Applicant contends that he was under great stress at the time he committed the offenses that led 
to his discharge.  He was going through a lot of martial infidelity (no further information) and did not know 
how to handle it.  While he was discharged for unsatisfactory duty performance, he received a Joint Service 
Achievement Medal.  He said he and his wife lost track of their finances, but are now doing better.  He said 
he  did his best.  He  said he  had  a personal problem with the acting First  Sergeant and was not  given a 
chance to redeem himself.  He is trying to improve himself and the G.I. Bill would help.  He may wish to 
have another career in the Air Force. 

CONCLUSIONS:  The  Discharge  Review Board  concludes that the discharge was  consistent with the 
procedural  and  substantive requirements  of  the  discharge  regulation,  was  within  the  discretion  of  the 
discharge authority and 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 to 
upgrade the discharge and 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 

(Former A1C) 

ED-01-00054 

-  L  MATTER  UNDER RWIEW:  Appl rec'd  a GEN Disch fr USAF 00/02/03 UP AFI 36-3208, 

para 5.26  (Unsatisfactory Performance) .  Appeals for Honorable Di&?- 

-i 

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2 .   J3ACKGROUND: 

a. DOB: 78/01/17.  Enlmt Age:  18 4/12.-  Disch Age: 22 0/12. Educ:HS DIPL. 

AFQT: N/A.  A-69,  E-65,  G-53,  M-56. PAFSC: 2T251 - Air Transportation 
Specialist. DAS: 97/09/05. 

b.  Prior Sv: AFRes 96/05/29 -  97/03/11 (9 months 13 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enld as AB 97/03/12 for 4  yrs.  Svd: 2 Yrs 10 Mo  22 Das, all AMs. 

b.  Grade Status:  A1C -  98/07/12 

AMN -  (EPR Indicates): 97/03/12-98/11/11 

c.  Time Lost:  none. 

d.  Art 15's:  none. 

e.  Additional: LOR, 13 NOV 
LOC, 07  MAY 
LOR, 22 JUL 
LOR/UIF, 05 
LOR, 06 AUG 
LOR, 16 AUG 
LOC, 1 0   AUG 
LOR, 11 AUG 
LOR, 29 OCT 
LOR, 06  DEC 
LOR, 09 DEC 
LOC, 09 DEC 

97 - Missed appointment. 
98 - Failure to go. 
98 - Missed appointment. 
AUG 99 -  Failure to maintain Base Quarters. 
99 -  Failed Yard inspection. 
99 -  Failure to pay just debt. 
99 - Unsatisfactory performance. 
99 -  Failed Yard inspection. 
99 -  Failure to pay just debt. 
99 -  Inappropriate relationship. 
99 -  Failure to pay just debt. 
99 - Late for work. 

f.  CM:  none. 

g.  Record of SV: 97/03/12  98/11/11  Charleston AFB  3  (Initial) 

98/11/12  99/11/11  Charleston AFB  2  (Annua1)REF 

(Discharged from Charleston AFB) 

h.  Awards &  Decs:  AFTR, AFSM, NATOM, AFOUA. 
i.  Stmt of Sv:  TMS:  ( 3 )  Yrs (8) Mos  (5) Das 

TAMS:  (2) Yrs  (10 

Mos  (22) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln 

(Change Discharge to Honorable) 

(DD Fm  293) dtd 00/12/29. 

mol-00054 

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I was 

Issue 1:  Members of the board.  One of  the reasons I feel that my discharge 
should be upgraded is because during the time I was being subjected 
military 
 
going through a lot of 
discipline was a very stressful time in my life. 
-marriage infedelity, and honestly, I didn't know how to handle it. A- Secondly, I 
was discharged un&r 
the reason of "Unsatisfactory Duty Performance. "  But even 
after I seperated (sic) I was awarded the Joint Service Achievement Medal.  A 
medal which I got while TDY for 100 days in San Vito, Italy.  A time in which my 
wife and I lost track of our finances and each other.  We have since resolved 
those issues and are doing better.  Also, whenever I did my duty, I did the best 
I could.  Lastly, I had a very personal problem with my then acting First 
Sergeant.(he was these temporarily while the actual lSt Sgt was TDY).  And I 
truly believe I wasn't given a fair chance to redeem myself.  I had a lot of 
people around me who cared for me that told me that he was "out to get me.'"  I 
am trying now to further my education and having the G.I. Bill would greatly 
help.  It is very difficult getting a good job with anything less than a 
honorable discharge from the military.  Finally, I wish to maybe continue or 
start a new career in the Air Force. 

ATCH 
1. Joint Service Achievement Medal. 

01/02/16/ia 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 437TH AIRLIFT WING (AMC) 

28 January 2000 

MEMORANDUM FOR 437 AW/CC 

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FROM:  437 AW/JA 
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SUBJECT:  LegaiReview of AFI 36-3208 Administrative Discharge- 

Y 

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__ 

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recommends th 

he respondent's section commander, 
Air Force for Unsatisfactory Performance, 
, Section E, paragraph 5.26.  He 
a general discharge without suspension 

2.  Summary of Evidence in Support of  the Discharge. 

For this conduct 

issed his scheduled annual dental appointment. 
Letter of Reprimand w/atch, dated 13 Nov 97. 

dated 7 May 98. 

work section after a scheduled 
pointment at 1040 And did not 
received a Letter of Counseling, 

c.  On 22 Jut 9Sljrl(lldid 

not show up for an Ability to Survive and Operate 
(ATSO) class.  His irresponsibility caused the squadron to lose a slot that could have 
been used by someone else.  For this conduct, w i
Reprimand wlatch, dated 22 Jut 98. 

 a Letter of 

e

v

d

I 

A massed 26 points for failing to maintain his base 
red to terminate Base housing.  For this conduct, 
* -  

s 

received a Letter of Reprimand w/atchs,, 
d,  and he was placed on the Control R6 

e.  On6Aug99, 
to the inspection.  Fort 
dated 6 Aug 99 which was placed in his UIF. 

rd inspection after being told 24 hours prior 

received a Letter of Reprimand w/atchs, 

was placed in his UIF, dated 16 Aug 99. 

was delinquent in his debt of $?44.32 to AAFES.  For 
Letter of Reprimand w/atch, dated 9 Aug 99, which 

was counseled for his lackadaisical attitude towards 
im and accepting responsibility for his actions.  For 
eceived a Letter of Counseling, dated 10 Aug 99, which was 

- 

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h.  0% IEAug 9 
continued failure to mai 
government quarters) resulted in him being pulled from a TDY, which, in turnforced a 
short notice TDY on another person from the squadron.  For this conduct,- 

again failed his yard inspection.  In ad-is 
se home (and his resulting forced move from 

- -

 

, dated 11 Aug 99, which was placed in his UIF. 
not made a scheduled payment 
account).  In addition, he was 3 
overnment Credit Card account in the amount of 
received a Letter of Reprimand w/atch, dated 29 Oct 99. 

minimum Air Force s 

received a referral “2” EPR for failing to maintain 

I 

k.  On 3 Dec 99, evidence show 
s having an inappropriate 
t his wife.  For this conduct, A1C 
nship with a female military membe 
eceived a Letter of Reprimand w/atchs, dated 6 Dec 99, which was placed in his 
I.  On 2 Nov 99 
failed to make a s 
Corp ($124.00 past du 
).  For this conduc 
of Reprimand, dated 9 Dec 99, which was placed in his U 

ceived a Letter 

ent to Badcock 

On 9 Dec 
received a 

reported 5 minutes late for work.  For this conduct, 
nseling, dated 9 Dec 99, which was placed in his UIF. 

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- - - ”.“~ 

a. 

3. Summary of Evidence for the Respondent. 

s a 22 year-old Air Transportation Mobility Specialist, who first 

entered active duty on 12 Mar 97.  He is entitled to wear the Air Force Outgwwg Unit 
&ard,‘Air  F m a s i c  Training Ribbon, Armed Forces Service Medal, and fWF0 
Medal. 

b. 

has received two EPRs:  3 of 5,  11 Nov 98 

2 of 5, I 1  Nov 99 (Referral) 

c.  On28JanO 
statements on his ow 

aived his right to consult counsel and to submit 

4.  Other Pertinent Information. 

ischarge Processing.  On 25 Jan 
ted discharge action.  On 28 Jan 
to submit statements on his own 

forwarded the file for your action. 

b.  Type of Discharge Authorized.  AFI 36-3208, paragraph 5.28.2, states that 
"the service of airmen discharged for unsatisfactory performance will be charactGzed 

-- 

-  -  as honorable 
recommende 

this case, the 437 APSK 
be separated with a gene 

as  "? 

A- 

c.  Probation and Rehabilitation (P&R).  P&R, which is authorized in this case, 

is the conditional suspension of an approved discharge for six to twelve months. 
However, the squadron section commander has not recommended P&R because of the 
extensive rehabilitative efforts taken to date. 

d.  Medical Exam Status.  Exam conducted on 26 Jan M e m b e r  found fit for 

discharge. 

e.  Mandatory Benefits. 

required to attend the Tran 
span of one to seven days. 

as well as all separating personnel, are 

Program workshop-which occurs over a 
ed the oneday seminar on 28 Jan 00. 

f.  GI Bill Ramifications.  To be eligible to retain this benefit in full, separating 

members must receive an honorable discharge and serve 30 months.  Enlisted 
members with less than 30 months service (and who are issued honorable discharges) 
fit based on the number of months served.  If discharged as 
will receive a 
ill lose his GI Bill benefits. 
recommende 

. 

g.  Barment from Base.  Not recommended. 

5.  Errors or Irregularities.  None. 

6.  Discussion. 

----sufficient to suppdrtthe 
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a.  Legal Review.  I  have reviewed the attached case file and find it to be legally 

recommended discharge.  AFI 36-3208, para. 5.26 s t a m a t  
airmen are subject to discharge for unsatisfactory performance based on documented 
failures to meet Air Force standards.  In this case, the attached documentation well 
to meet minimum Air Force standards of conduct.  His 
highlight-inability 
unsatisfactory conduct-which began 10 Nov 97 and continued up until 9 Dec 99- 
resulted in two Letters of Counseling, nine Letters of Reprimand, Control Roster action, 
an Unfavorable Information File, and a referral EPR.  In short, this-action is well 
grounded and is the appropriate course of action for the Air Force. 

* 

an Unfavorable Information File, and a referral EPR.  In short, this action is well 
grounded and is the appropriate course of action for the Air Force. 

b.  TypesofS 
which may be issued t 

cterization.  There are two types of discharges 
They are: 

(1 )  Honorable.  The honorable characterization is appropriate when the 

quality of the airman's service generally has met Air Force standards of acceptable- 
conduct and performance of duty.  It may also be appropriate when a member's service 
- is otherwise so meritorious that any other characterization would be inappropriate-TAFl 

-- 

I- 

36-3208, paragraph7.18.1). 

(2)  General (Under Honorable Conditions).  if an airman's service has 
been honest and faithful, it is appropriate to characterize that service under honorable 
conditions.  Characterization of service as general is warranted when significant 
negative aspects of the airman's conduct or performance of duty outweigh positive 
aspects of the airman's military record (AFI 36-3208, paragraph 1.18.2). 

APSKCQ, -mmends 
discharge.  This is consistent 
1.18.2, and accurately reflect 

(3)  Discussion (Service Characterization).  In this case, the 437 
be separated with a general 

tha- 

nce set forth in AFI 36-3208, paragraph 
ecord of service. 

Probation and 
n offer of P&R. 
. Article 15 pun 

The tougher question is whether to extend 
has had a repeated pattern of disciplinary 
er been leveled on him.  (Article 15 
punishment is useful in that it highlights to the airman that his shortcomings are 
causing progressively severe consequences and that "real"-as opposed to "papef- 
punishment is being imposed.)  That said, five alone in the month of Aug 99-none 
have reached the level of an Article 15.  However, the squadron commander has not 
recommended P&R because of the rehabilitative efforts taken to date. 

7.  Commander's Options.  As the Special Court-Martial Convening Authority, you 
may: 

a.  Retai 

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b.  Separa 

with an honorable discharge, with or without 

suspension for pt-ob%tion and rehabilitation; or 

- -  - 

c. Separat 
probation and reha 

ith a general discharge, with or without suspension for 

i 

8.  Recommendation. I recommend that -e 
a general discharge without suspension for probation and rehabilitation.  Should you 
concur, a proposed memorandum to effect such decision is attached. 

separated from the Air Force with 

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I concur. 

Chief, Adverse Actions 

Attachments: 
1.  Proposed 
2.  Case File 

m 

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DEPARTMENT  OF THE  AIR  FORCE 
HEADQUARTERS  437TH AIRLIFT  WING  (AMC) 

MEMORANDUM FO 

FROM:  437 APS/CCE 

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437 APS 

SUBJECT:  Notkation Memorandum 
1.  I am recommending your discharge from the United States Air Force for 
Unsatisfactory Performance.  The authority for this action is AFPD 36-32 and AFI 
36-3208, paragraph 5.26.  If my recommendation for discharge is approved, your 
service will be characterized as honorable or general.  I am recommending that your 
service be characterized as general. 

I- 

2.  My reasons for these action are: 

a.  On 10 Nov 97, you missed your scheduled annual dental appointment.  For this 

conduct, you received a Letter of Reprimand w/atch, dated 13 Nov 97 (Atch la). 

b.  On 5 May 98, you did not return to your work section after a scheduled dental 

appointment.  Specifically, you left your dental appointment at 1040 and did not return to 
work until 1315.  For this conduct, you received a Letter of Counseling, dated 7 May 98 
(Atch Ib) 

c.  On 22 Jul98, you did not show up for an Ability to Survive and Operate (ATSO) 

class.  Your irresponsibility caused the squadron to lose a slot that could have been 
used by someone else.  For this conduct, you received a Letter of Reprimand w/atch, 
dated 22 Jul98 (Atch IC). 

d.  By 5 Aug 99, you amassed 26 points for failing to maintain your base quarters. 

As a result, you were ordered to terminate Base housing.  For this conduct, you 
received a Letter of Reprimand w/atchs, dated 5 Aug 99 (Atch Id), a UIF was 
established, and you were placed on a Control Roster (Atch li). 

- 
e.  On 6 ha, you failed a yard inspection after being told 24 hours prier b t h e  

inspection.  For this conduct, you received a Letter of Reprimand wlatchs, dated 6 Aug 
99 (Atch le) which was placed in your UIF (Atch li). 

f.  On 6  Aug 99, you were delinquent in.your debt of $144.32 to AAFES.  For this 
conduct, you received a Letter of Reprimand wlatch, dated 9 Aug 99 (Atch If) which 
was placed in your UIF, dated 16 Aug 99 (Atch 1 i). 

W E  

/ 

g.  On 10 Aug 99, you were couseled for your lackadaisical attitude towards 

/*  accomplishing tasks assigned to you and accepting responsibility for your actions.  For 

this conduct, you received a Letter of Counseling, dated 10 Aug 99 (Atch lg), which 
was placed in your UlF (Atch li). 

- 

h.  On 10 Aug 99, you again failed your yard inspection.  In addition, your continued 

failure to maintain your base home (and your resulting forced move from government 
quarters) resulted in you being pulled from a TDY, which, in turn forced a short notice 
TDY on another person from the squadron.  For this conduct, you received a Letter of 
Reprimand w/jltch,dated 
.- 

I I Aug 99 (Atch 1 h), which was placed in your UIF (At&  I i). 

_ -  

A- 

i. On 26 Oct 99, you had not made a scheduled payment t 

months ($120.19 past due on the account).  In addition, you were 
yourPlllDllllslllkrgovernment credit card account in the amount of $224.00.  For this 
conduct, you received a Letter of Reprimand w/atch, dated 29 Oct 99 (Atch lj). 

k.  On 11 Nov 99, you received a referral '2" EPR for failing to maintain minimum Air 

Force standards. 

I.  On 3 Dec 99, evidence showed you were having an inappropriate relationship with 

a female military member who was not your wife.  For this conduct, you received a 
Letter of Reprimand wlatchs, dated 6 Dec 99 (Atch 1 k) which was placed in your UIF 
(Atch In). 

m.  On 2 Nov 99, you again failed to make a scheduled payment t 
($124.00 past due on the account).  For this conduct, you received a 
Reprimand, dated 9 Dec 99 (Atch 11) which was placed in your UIF (Atch In). 

n.  On 9 Dec 99, you reported 5 minutes late for work.  For this conduct, you 

received a Letter of Counseling, dated 9 Dee 99 (Atch lm) which was placed in your 
UIF (Atch In) . 

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

.-=-  4.  You have the PQbt to consult counsel.  Military legal counsel has been obtaiDeQIo 
--  assist you.  An appointment will be made for you to consult the Area Defense Counsel, 
963-4416, Building 503, Room 119 upon issuance of this notification. You may consult 
civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you 
want the separation authority to consider must reach me by  25 ~ 7 7 , ~  
9 @ 

* 

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/ 

,/  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, your failure 
will constitute a waiver of your right to do so. 

7.  You have been scheduled for a separation briefing at Personnel Relocations, 
Building 503, Room 205 on at 1/30 
- 

o n 2 6  

0 0. 

- 

8.  A medical-exafiination  has been scheduled for you.  You are directed to rep&  to the - 
437th Medical Grwp, Physical Exams at  o%OO 
examination. 
9.  Your Transition Assistance Briefing is scheduled on 1436 
the Family Support Center, Building 255, with 

on dG X h O O  for the 

P 

IO.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 
1974 as explained in AFI 36-3208. A copy of AFI 36-3208, Administrative Separation of 
Airmen, is available for your use at the 437th Aerial Port Squadron hderly Room. 

/' 

1 I. Execute the attached acknowledgment and return it to me immediately. 

- 
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c 

I_ 

Attachments: 

- 

-  1.  Documents Supporting Basis for Discharge 

a.  Letter of Rqw*mand wlatch, dated 13 Nov 97 
b.  Letter of Counseling, dated 7 May 98 
c.  Letter of Reprimand w/atch, dated 22 Jul98 
d.  Letter of Reprimand wlatchs, dated 5 Aug 99 
e.  Letter of Reprimand w/atchs, dated 6 Aug 99 
f.  Letter of Reprimand w/atch, dated 9 Aug 99 
g.  Letter of Counseling, dated 10 Aug 99 
h.  Letter of Reprimand w/atch, dated 11 Aug 99 
i.  UIF, dated 16Aug 99 
j.  Letter of Reprimand w/atch, dated 29 Oct 99 
k.  Letter of Reprimand w/atchs, dated 6 Dec 99 
1.  Letter of Reprimand, dated 9 Dec 99 
m.  Letter of Counseiing, dated 9 Dec 99 
n.  UIF, dated 29 Jan 00 
2.  Other Derogatory Data 

a.  Armed Forces Traffic Ticket, dated 30 Apr 98 
b.  AAFES Collections 8 Tracking Memorandum, dated 10 Oct 98 
c.  DPP Service Center Memo, dated 19 Mar 99 
d.  Message w/atch, dated 27 Oct 99 
e.  Letter of Counseling, dated 27 Oct 99 

3. Airman's Receipt of Notification Memorandum 

, 

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