AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

CASE NUMBER 

FD-01-00055 

I 

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

The  applicant  was  offered  a  personal  appearance before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 
The attached brief contains available pertinent data on the applicant and the factors leading io the discharge. 
FINDINGS: Upgrade of discharge is denied. 

- 

The Board finds the applicant  submitted no issues contesting the equity or propriety  of the discharge, and 
after a thorough review of the record, the Board was unable to identify any. 

Issues.  Applicant was discharged for a pattern of misconduct.  She had four Letters of Counseling,  and two 
Articles  15.  She also had  an Unfavorable Information File and was sent to Correctional  Custody after her 
first Article  15.  Her misconduct  included sleeping on duty, dereliction of duty, and numerous instances of 
failure to go.  All occurred within her first 3 months time on station.  At the time of the discharge, applicant 
waived  her  right  to  submit  statements in  her  own behalf.  Applicant  was  age  19 when  her  misconduct 
occurred, which is essentially the same age as most first term airmen who do not engage in misconduct; and 
there is no evidence of record  she did not know right from wrong.  She was given numerous opportunities 
to improve  and  was  either  unwilling  or  unable to do  so.  No  inequity  or  impropriety  was  found  in  his 
discharge in the course of the records review. 

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 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB) MISSING  DOCUMENTS 

FD-01-00055 

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

2 .   BACKGROUND: 

a. DOB: 69/08/25.  Enlmt Age: 18 3/12.  Disch Age: 19 9/12. Educ:HS DIPL. 
AFQT: N/A.  A-50,  E-61,  G-74,  M-70. PAFSC: 81132 - Apprentice Law Enforcement 
Specialist. DAS: 89/02/15. 

b.  Prior Sv: AFRes 87/12/14 -  88/08/28 (8 months 15 days)(Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a. 

b. 

C. 

d. 

e. 

Enld as AB 88/08/29 €or 4 yrs.  Svd: 0  Yrs 9 Mo 8 Das, all AMs. 
Grade Status:  AB -  89/05/05 (Article 15, 89/05/05) 

AMN  -  89/02/28 

Time Lost:  none. 

Art 15's:  (1)' 89/05/05, Yokota AB, 'Japan -  Article 86.  You, did, o/a 
24 April 89, w/o authority, fail to go at the time 
prescribed to your appointed place of duty.  Rdn to AB, 
and forfeiture of $100.00 pay per month for two months. 
(No appeal) (No mitigation) 

( 2 )   89/04/11, Yokota AB, Japan - Article 92.  You, who knew 

of your duties, o/a 25 March 89, were derelict in the 
performance of those duties in that you negligently 
failed to stay awake.  Correctional custody for 30 days. 
(No appeal) (No mitigation) 

Additional: LOCI 21 MAR 89 -  Dereliction of  duty. 

LOCI 21 MAR 89 -  Failure to go. 
LOC, 21 MAR 89 -  Failure to go. 
LOC, 13 MAR  89 -  Failure t o   go. 

f. 

CM:  none. 

g. 

Record of SV: none. 

(Discharged from Travis AFB) 

h. 

Awards &  Decs:  AFTR. 

i.  Stmt of  Sv:  TMS:  (1) Yrs  (5) Mos  (23) Das 
TAMS:  (0) Yrs  (9) Mos  (8) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 0 0 / 1 1 / 3 0 .  

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

-t 

ATCH 
none. 

- 

EDO1-00055 

01/02/20/ia 

, \ \ I l l  

DEPARTMENT O F  THE  AIR  FORCE 
HEADQUARTERS  475TH  AIR  BASE  WING  ( P A C A * )  

APO  SAN  FRANCISCO  96328 

REPLYTO 
ATTN OF: 
mu u ECT: 

J A C   (581 18) 
Legal  H 
Basic, 

a t i o n   Discharge  - 

1 .   I  have  reviewed  t h e   s u b j e c t   d i s c h a r g e   case  a n d ,   e x c e p t   f o r  
t h e   r e q u i r e d   p h y s i c a l   examination  which  is n o t   i n c l u d e d   i n   t h e  
f i l e ,   f i n d   it  l e g a l l y   s u f f i c i e n t   t o   s u p p o r t   t h e   475th  S e c u r i t y  
P o l i c e   Squadron 
Airman  Basic,  F 
p u r s u a n t   t o  AFR  39-10,  Chapter  5 ,   S e c t i o n  H ,   paragraph  5-47a  f o r  
p a t t e r n   of  misconduct. 
I t   a l s o   s u p p o r t s   t h e   Squadron  Commander's 
recommendation  t h a t   t h e   respondent  be  s e p a r a t e d  w i t h   a  G e n e r a l  
discharge  w i t h o u t   p r o b a t i o n   and  r e h a b i l i t a t i o n .  

recommendation  t h a t  
t h e   respondent,  be 

2.  The  respondent  i s  1 9  y e a r s   of  age.  She  e n l i s t e d   i n   t h e  
Delayed  E n t r y   Program  on  1 4  Dec  87.  She  s u b s e q u e n t l y   e n t e r e d  
active  d u t y   29  Aug  88.  Respondent  h a s   r e c e i v e d   no  APR  r a t i n g s   t o  
d a t e .   She  was  demoted  from  t h e   grade  o f   Airman  t o  t h e   grade  of 
Airman  Basic  on  5  May  89. 
3 .   The  commander  recommended  discharge  because  t h e   member  on 
f o u r   o c c a s s i o n s   f a i l e d   t o   r e p o r t   t o  work  o r   t o   appointments  as 
scheduled  and  was  d e r e l i c t   i n   t h e   performance  of  her  d u t i e s .   She 
r e c e i v e d   three  L e t t e r s   of  Counseling,  and  two  Article  15's. 
The  f i r s t  Article  15 
custody.  The  second  imposed  a  r e d u c t i o n   t o  Airman  B a s i c   and 
f o r f e i t u r e   of  $100.00  pay  p e r   month  f o r   two  months. 

imposed  30  d a y s   of  c o r r e c t i o n a l  

4.  The  respondent  submitted  no  matters  f o r   your  c o n s i d e r a t i o n .  
5 .   After  reviewing  t h e   e n t i r e   case  f i l e ,   I  have  determined  t h a t  
t h e   respondent  i s  s u b j e c t   t o  d i s c h a r g e   under  AFR  39-10,  Chapter 
5 ,   S e c t i o n   H ,   p a r a g r  
a ,   f o r   a  p a t t e r n   of  misconduct. 
S p e c i f i c a l l y ,   Airman 
f a i l e d   t o   r e p o r t   f o r   h e r   d u t i e s   on 
f o u r   i n s t a n c e s   and  was  twice  d e r e l i c t   i n   t h e   performance  of  her 
d u t i e s .   D e s p i t e   r e c e i v i n g   r e p e a t e d   Letters  of  Counseling,  and  an 
Article  15,  she  continued  t o   i g n o r e   her  m i l i t a r y   respon-  
s i b i l i t i e s .  
I n   my  opinion,  t h e   s i g n i f i c a n t   n e g a t i v e   a s p e c t s   o f  
t h e   r e s p o n d e n t ' s   conduct,  h e r   r e p e a t e d   d e r e l i c t i o n s   and  f a i l u r e  
t o  go,  outweigh  t h e   p o s i t i v e   a s p e c t s   of  h e r   m i l i t a r y   r e c o r d .   Her 
i n a b i l i t y   t o   reform  h e r   behavior  even  though  p r o p e r l y  
d i s c i p l i n e d   e s t a b l i s h e s   t h a t   t h e   respondent  has  f a i l e d   t o  
demonstrate  t h e   c a p a c i t y   t o   be  r e h a b i l i t a t e d .   Her  r e t e n t i o n   on 
a c t i v e   d u t y   would  n o t   be  c o n s i s t e n t   w i t h   t h e   maintenance  of good 
o r d e r   and  d i s c i p l i n e   i n   t h e   A i r  Force. 

6.  As  t h e   S p e c i a l   Court- Martial  Convening  A u t h o r i t y   you  may: 

a.  R e t a i n   t h e   r e s p o n d e n t ;   o r  

b.  Discharge  t h e   respondent  w i t h   a n   Honorable  discbarge  w i t h  

o r   w i t h o u t   p r o b a t i o n   and  r e h a b i l i t a t i o n ;   o r  

c.  Discharge  t h e   respondent  w i t h   a  G e n e r a l   d i s c h a r g e   w i t h   o r  

w i t h o u t   p r o b a t i o n   and  r e h a b i l i t a t i o n ;   o r  

d.  Refer  t h e   case  t o   a  d i s c h a r g e   b o a r d .  

7.  Based  on  my  review  of  t h e   f i l e ,   I  recommend  t h a t   you 
d i s c h a r g e   t h e   r e s p o n d e n t   w i t h   a  G e n e r a l   d i s c h a r g e   w i t h o u t  
p r o b a t i o n   and  r e h a b i l i t a t i o n   a s   soon  a s   a  d i s c h a r g e   p h y s i c a l  
examin7tion  c l e a r i n g   her  f o r   d i s c h a r g e   i s  added  t o   t h e   f i l e .  

&\\\‘”‘ 
-PI 

DKPARTMENT O F  THE  AIR  FORGE 

HEADOUARTERS  47STH  A I R   BASE WING  ( P A C A F )  

APO  SAN  FRANCISCO  96328 

RE?LY  TO 
* n N O F :  

475  SPS/CC 

SUUECT: 

Notification Letter 

11  Mav  89 

To: 

A 

475  SPS 

__ 

- - 

- L  .. 

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

1. 
misconduct involving a Dattern of  misconduct.  The aiithnritv for this action is 
If mv  recommendatlon is approved, your service will 
AFR 39- 10,  paragraph 5- 47a. 
I am recommendidg that. Your service 
be characterized as honorahle o r   general. 
be characterized as general. 

2 .   My reasons for this action are: 

a.  On or about 24  Apr 89,  at Yokota AB, Japan, you did without authority, 

fail to go at the time prescribed to your appointed place of duty to wit: 
Building 305.  AS  a result, you received an Article  15, dated 5  May 89,  and 
were punished with a reduction to the grade of  airman basic and forfeiture of 
$100.00  pay per month  for two months. 

b.  On o r   about 25  Mar  89,  at Yokota AB, Japan, you, who knew of  your 

duties, were derelict in the performance of  those duties in that you 
negligently failed to stay awake, as it was your duty to do.  As a result, 
you received an Article  1 5 ,   along with UIF action, dated 11 Apr 89,  and received 
30 days of correctional custody. 

c.  On or about 18  Mar 89,  at Yokota AB, Japan, you were derelict in Youp 
duty in that you failed to turn in your issued police gear as it was youp duty 
to do.  As a result, you received a letter of counseling, dated 21  Mar  89. 

d.  On o r   about 20 Mar 89,  at Yokota AB, Japan, you failed to go  to your 
First Sergeant newcomer briefing as it was your duty to do.  As a result, YOU 
received a letter of counseling, dated 21  Mar 89. 

e.  On or about 21  Mar 8 9 ,   at Yokota AB, Japan, you failed to go  to your 

scheduled Guardmount duty at Building 305.  As a result, you received a  letter 
of  counseling, dated 21 Mar 89. 

f.  On o r   about  13  Mar 8 9 ,   at Yokota AB, Japan, you failed to go  to your 

mandatory Flight-line Orientation Class, after having been instructed to attend. 
Also, you failed to contact your mobility NCO to have a mobility  folder 
initiated.  As  a result, you received a letter of  counseling, dated  13 Mar 89. 

8.  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 i f  you are discharged, how your 
service will be characterized.  If you are discharged, you will be  ineligi- 
ble for reenlistment in the Air Force. 

3 .   You  have  t h e   r i g h t   t o   e-onsult, c o i i n s e l .   M i 1  i t i t r v   i p g a l   coiinsel  has  been 
obtained to assist y o u .  
I  have made an a o D o i n t m e n t ,   for  yc?u  t,o  c o n s u l t   C a r > t  
Knott a t   Building 420 on  17 Maw  8Y at,  14'30. 
at y o u r   own  expense. 

Yaii m a v   r ~ o n s ~ i l t  c i v i l i a n   counsel 

If  yo11  fail  t o   conslilt, r * o u n s e l   o r   t o   suhmit, stat,ement,s in  your  owrt-behalf 

5 
your failure 'will constitute a  waiver of  vour right t o   d o   S O .  

7.  Any persona!  iniormation ,vou furnish i n   rebi.itt.31 is c o i j e r e d   tiv  the P r ~ i v a i l v  
Act Statement as explained  i n   AFH 39-10.  attachment. 6.  A  cop?!  of  AFR  39-10 i s  
available for vour use in the 4 7 5 t h   Securit,v  F o l i c e   Squadron Cirderlv  RDCIIII. 

8.  Execute the attached acknowled4ement and return  i t  t o  me  immediately. 

3  Atch  (listed on next page) 
1.  Supporting Documents 

a.  AF Form 3 0 7 0 ,   Record of 

Nonjudicial Punishment Proceeding. 
5 Mav  89,  w/atchs. 

b .   AF  Form 3070, Record of 

Nonjudicial  Punishment Proceeding, 
1 1  Apr  8 9 ,   w/atchs. 

c .   475 ABW/DPMQE,  ltr, 
Transmittal of  AF  Form 1137. 
w/atch. 

d 

475  SYS/SPOBL, Letter  of 

Counseling. on or about 21  Mar  89. 

e.  475 SPS/SPOBL. Letter of 

Counselinp, 13  Mar 8 9 .  
2 .   Document o r   documents 
contain 1 n g  deroga t orv  i n f or ma t 1 on 
-  which are not, listed in the 
notification letter. 

a.  475 ABW  Form 5 1 ,  

Correctional Custodv Progress 
Report. i7 Apt-  99. 

b.  AF Form 590. Withdrawal  / 
Reinstat.ement to Hear Firearms, 
27  Mar  0 9 .  

c.  AF  Form 590,  Withdrawal  / 

Reinstatement to Bear Firearms, 
3 May  89. 

d .   475 SPS/CC, ltr, Denial of 

Good  Conduct Medal, 8 May 89. 
3 .   Airman's receipt of 
notification letter  (See Tab 2 )