AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE  FD-01-00056 

CASE NUMBER 

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

The applicant was offered a personal appearance before the Discharge Review Board (Board) but 
declined to exercise this 

_- right. 

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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 that would justie a change of discharge. 

The applicant's  issue is listed in the attached brief 

The applicant appeals for upgrade of discharge based on his one year of post-service activities.  The Board 
recognized the applicant's efforts to provide good service for his employer, to attend college, and his 
support of the Scouting program; however, no inequity or impropriety in his discharge was suggested or 
found in the course of the records review.  The Board concluded that the character of and reason for 
discharge were appropriate due to his misconduct. 

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 hrther concludes that there exists no legal or equitable 
basis for upgrade of discharge, thus the applicant's discharge should not be changed. 

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Attachment 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

E'D-01-00056 

(Former AMN) MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/03/23 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 79/04/28.  Enlmt Age:  18 2/12.  Disch Age: 20 10/12. Educ:HS DIPL. 
AFQT: N/A.  A-01,  E-39,  G-53,  M-01,  PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 99/01/01. 

b.  Prior Sv: AFRes 97/07/23 -  98/01/06 ( 5  months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AMN  98/01/07 for 4  yrs.  Svd: 2 Yrs 2 M o   17 Das, all AMs. 
b.  Grade Status:  AMN -  00/03/06 (Article 15, Vacation, 00/03/06) 

A1C -  98/11/07 

c.  Time Lost:  none. 

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d.  Art 15's: 

(1) 00/03/06, Vacation, USAF Academy, CO -  Article 92 &  117. 
You, who knew of your duties, o/a 02 Feb 00, were 
derelict in the performance of those duties in that you 
willfully failed to was a vehicle and wax another, as it 
was your duty to do.  You did, o/a 04 Feb 00, wrongfully 
use provoking words, to wit:  "why do you keep fucking me 
over" and "if you ever try to fuck me over .  .  . I will 
do something about it." or words to that effect, towards 
A1C _ _ _ _ _ _ _  .  Rdn to Amn.  (No appeal) (No mitigation) 

(2) 99/12/23, USAF Academy, CO -  Article 92. You, who knew 

or should have known of your duties, o/a 04 Dec 99, were 
derelict in the performance of those duties, in that you 
willfully failed to refrain from consuming alcoholic 
beverages while under the age of 21, as it wa's  your duty 
to do.  Article 108.  You did, o/a 04 Dec 99, w/o proper 
authority, willfully damage by tearing down from the 
ceiling, an exit sign, military property of the United 
States, the amount of said damage being in the sum of 
more than $100.00.  Rdn to Amn  (susp till 20 Jun 0 0 ) ;  
forfeiture of $530.00.pay,  and 30 days extra duty. 
(No  appeal)  (No mitigation) 

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e.  Additional: LOC, 13 FEB 00 -  Failure to go. 

LOC, 13 FEB 00 -  Violation of AFI 36-2903. 
LOC, 13 FEB 00 -  Failure to go. 
LOC, 13 FEB 00 -  Failure to go. 

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f.  CM:  none. 

E'DO1-00056 

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g.  Record of Sv: 98/01/07  99/10/12  USAF Academy  4  (Initial) 

(Discharged from USAF Academy) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of  Sv:  TMS:  (2) Yrs  (8) Mos  (1) Das 
TAMS: (2) Yrs  (2) Mos  (17) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD F'm  293) dtd 01/01/17. 

(Change Discharge to Honorable) 

Issue 1:  Sir, I would just like to say thank you for reviewing my case.  I 

have many character statements that I can not provide due to the fact that I 
never received them prior to my departure.  I work for ------, &  have been 
working for them for about 8 months.  I have recieving  (sic) nothing but good - 
reports from my supervisor; they also, on many occasions let me know that I'm 
doing an exellent (sic) job.  I also go to school full time, &  plan on achieving 
my BS.  Since I am an Eagle Scout I help my little brothers troup (sic) out whes 
ever I can.  In conclusion, please consider me for the upgrade to Honorable 
Discharge.  .I do believe I deserve it.  Thank you for your time Sir. 

ATCH 
1.  College Transcript &  Student Schedule. 

01/02/21/ia 

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DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS  1 OTH AIR  BASE WING 

UNITED STATES AIR  FORCE ACADEMY COLORADO 80840-2240 

13 Mar 00 

MEMORANDUMFOR io ABW/CC 

FROM:  10 ABW/JA 

ew of Administrative Discharge - 

1.  I have reviewed the subject discharge case file and find it legally sufficient to support the 
respondent's discharge from the Air Force with a general (under honorable conditions) discharge. 
The discharge package demonstrates that significant negative aspects of the respondent's conduct 
outweigh positive aspects of his military record.  Thus, a general (under honorable conditions) 
discharge is an appropriate service characterization. I recommend you discharge the respondent 
with a general (under honorable conditions) discharge with no offer of probation and 
rehabilitation. 

2.  FACTS:  This action was initiated under AFI 36-3208, paragraph 5.49, for minor disciplinary 
infractions.  Specifically, on or about 4 Dec 99, member consumed alcohol while underage and 
damaged government property.  As a result, he received punishment under Article 15, dated 23 
Dec 99.  On or about 27 Jan 00, member failed to report to a mandatory appointment.  As a  , 
result, he received a letter of counseling, dated 13 Feb 00.  On or about 1 Feb 00, member 
violated AFI 36-2903 by wearing a tongue ring.  As a result, he received a letter of counseling, 
dated  13 Feb 00.  On or about 9 Feb 00, member failed to report to mandatory physical training. 
As a result, he received a letter of counseling, dated 13 Feb 00.  On or about 10 Feb 00, member 
failed to report to Commander's Call.  As a result, he received a letter of counseling, dated 13 
Feb 00.  On or about 2 Feb 00, member failed to perform required extra duty and on or about 4 
Feb 00, member used provoking words towards another airman.  As a result, his suspended 
reduction to the grade of E-2 was vacated on 6 Mar 00. 

3.  RESPONDENT'S STATEMENT:  The respondent consulted counsel and submitted written 
matters for your consideration.  He submits his conduct prior to December 1999 outweighs his 
recent misconduct and requests the opportunity to continue serving in the Air Force. 

4. COMMANDER'S RECOMMENDATION:  5 10 CES/CC, the respondent's  commander, 
recommends the respondent be discharged with a general (under honorable conditions) discharge 
with no ofter of probation and rehabilitation. 

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Fairness - Stewardship - Preparedness 

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5.  ANALYSIS: 

a.  A p r e ~  ndera 

e of the evidence supports the basis for discharge alleged in paragraph 

2 of the notificatign letter.  There are no errors or irregularities impacting a substAntiRlght of 
the respondent. 

b.  Before initiating this discharge, the respondent's commander utilized numerous 

administrative actions in an attempt to rehabilitate the respondent including an Article  15 and 
letters of reprimand and counseling.  Despite these attempts to correct his behavior, the 
respondent has demonstrated no desire to change and conform to Air Force standards. 
Accordingly, probation and rehabilitation is not warranted. 

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6 .  OPTIONS:  Your options with regard to this action are: 

a.  Retain the respondent on active duty; 

b.  Order the respondent's separation with a general (under honorable conditions) 
discharge; 

c.  Forward the package to HQ USAFAKC recommending an honorable discharge; or 

d.  Return the package to 10 AB W/JA for further processing if you feel a characterization 
of under other than honorable conditions is warranted. 

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7.  RECOMMENDATION:  I recommend you discharge the respondent with a general (under 
honorable conditions) discharge without probation and rehabilitation. 

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DEPARTMENT OF THE AIR FORCE 
5 10th CIVIL ENGINEER SQUADRON 

UNITED STATES AIR FORCE ACADEMY COLORADO 

MEMORANDUM F 

FROM:  5 10 CESKC 

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SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208 

1.  I am recommending your’discharge  from the United States Air Force for minor disciplinary 
infi-actions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your discharge may be described as honorable, general under 
honorable conditions or under other than honorable conditions.  I am recommending that your 
service be characterized as general under honorable conditions. 

2.  My reasons for this action are: 

a.  On or about 4 Dec 99, you consumed alcohol while underage and damaged 
government property.  As  a result, you received punishment under Article 15, dated 
23 Dec 99.  (Atch 1) 

b.  On or about 27 Jan 00, you failed to report to a mandatory appointment.  As a 

result, you received a letter of counseling, dated 13 Feb 00.  (Atch 2) 

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c.  On or about 1 Feb 00, you violated AFI 36-2903 by wearing a tongue ring.  As a 

result, you received a letter of counseling, dated 13 Feb 00.  (Atch 3) 

d.  On or about 9 Feb 00, you failed to report to mandatory physical training.  As a 

result,  you received a letter of counseling, dated 13 Feb 00.  (Atch 4) 

e.  On or about 10 Feb 00, you failed to report to Commander’s Call.  As  a result,  you 

received a letter of counseling, dated 13 Feb 00. (Atch 5) 

f.  On or about 2 Feb 00, you failed to perform required extra duty and on or about 4 

Feb 00, you used provoking words towards another airman.  As a result, your suspended 
reduction to the grade of E-2 was vacated on 6 Mar 00.  (Atch 6) 

Copies of ihe 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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

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3.  You have the right to consult counsel. 'Military legal counsel has been obtained to assist you. 
f the Area Defense 
I have made an appointment for you to consult 
Counsel on 
civilian counsel at your own expense. 

hours in Harmon Hall, Room 323.  You may consdt 

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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  1'300  hours on  7 /clr(312 00- -  2000 
unless you request and receive an extension for good cause shown.  I will send these statements 
to the separation authority. 

5.  If you fail to consult counsel or submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6. You have been scheduled for a medical examination.  You must report to Physical 
Examinations in the Cadet Clinic, Station 22, at 0700 on  1 3  M A k 
medical records. 

2000 with your 

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 Personnel and Administrative Services 
Section.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Article 15 punishment, dated 23 Dec 99 
2.  Letter of Counseling, dated 13 Feb 00 
3.  Letier of Counseling, dated 13 Feb 00 
4.  Letter of Counseling, dated 13 Feb 00 
5.  Letter of Counseling, dated 13 Feb 00 
6.  Article 15 vacation action, dated 6 Mar 00