AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00057 

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 issues are listed in the attached brief. 

Issue  1.  Applicant contends discharge was inequitable because he had personality conflicts between him and 
his commander.  The records indicated the applicant received an Article 15, two Letters of Reprimand, a Letter 
of Admonishment and a Record of Individual Counseling for misconduct.  The misconduct included making 
false representations to  co-workers, sleeping on duty, being  disrespectful to an officer, on  several occasions 
using provoking and reproachful language, and disobeying a direct order not to take a lunch break.  The DRB 
opined that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  Administrative actions were given by the applicant's Officer-In-Charge (OIC) and his commander. 
There was no evidence in the record nor provided by the applicant that indicated that the administrative actions 
were not warranted.  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. 
The DRB took note of the applicant's duty performance as documented by  his performance report and other 
information contained in the records.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

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. 

Attachment: 
Examiner's Brief 

- - 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS A m ,  MD 

FD-01-00057 

(Former A1C) 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 00/03/29 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 74/05/10.  Enlmt Age: 21 4/12.  Disch Age: 25 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-37,  E-43,  G-52,  M-18. PAFSC: 4N051 - Medical Services 
Journeyman. DAS: 96/10/04. 

b.  Prior Sv:  (1) AFRes 95/09/14 -  96/02/13 (5 months) (Inactive). 

(2) Enld as AB 96/02/14 for 4 yrs.  Svd: 3 yrs 3 mos 29 das, 

AMN  -  96/08/14.  A1C-(EPR Indicates): 97/10/14-98/10/13.  SRA  - 

all AMs. 
99/02/14.  EPRs: 4,5. 

ART 15:  97/06/21, McConnell AFB, KS -  Article 92.  You did, at or 

near Baton Rouge, Louisiana, from o/a 23 Dec 96 to o/a 25 Dec 
96, violate a lawful general regulation, to wit: para 22, AFI 
65-104, dated 1 May 96, by wrongfully using your ---------- 
government travel card for personal use.  Rdn to AB  (susp 
till 20 Jul 97), forfeiture of $450.00 pay per month for two 
months.  (No appeal) (No mitigation). 

3.  SERVICE UNDER REVIEW: 

* 

a.  Reenld as SRA  99/06/14 for 6 yrs.  Svd: 0 Yrs 9 Mo 15 Das, all AMs. 

b.  Grade Status:  A1C -  00/03/07 (Article 15, 00/03/07) 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 00/03/07,  McConnell AFB, KS -  Article 91.  You, having 

received a lawful order from TSgt ------, a 
noncommissioned officer, then known by you to be a 
noncommissioned officer, not to take a lunch break, an 
order which it was your duty to obey, did, o/a 11 Feb 
00, willfully disobey the same.  Article 107.  You did, 
o/a 11 Feb 00, with intent to deceive, make to TSgt ---- 
and SSgt -------, an official statement, to wit: 
MSgt ------ had given you permission to attend the OR1 
outbrief at --------, which statement was totally false, 
and was then known by you to be so false.  Rdn t o   A l C ,  
forfeiture of $667.00 pay per month for two-months  (susp 

till 6 Sep 00), and 30 days extra duty. 

mol-00057 

e.  Additional: LOR, 22 JUN 99 -  False representations &  false statements. 

RIC, 28 JUL 99 -  Sleeping on duty &  disrespect to an 
LOR, 13 DEC 99 -  Reproachful words &  dereliction of duty. 
LOA, 20 DEC 99 -  Using provoking &  reproachful words, and 

officer : 

insubordination. 

f.  CM:  none. 

g.  Record of SV: 98/10/14  99/08/05  McConnell AFB  3  (CRO) 

(Discharged from McConnell AFB) 

h.  Awards &  Decs:  AFLSAR, AFTR. 
i.  Stmt of Sv:  TMS:  (4) Yrs  (6) Mos  (16) Das 
TAMS:  (4) Yrs  (1) Mos  (16) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD E’m  293) dtd 01/01/16. 

(Change Discharge to Honorable) 

Issue 1:  On March 29, 2000 I was discharged  (General) Under Honorable 

Conditions.  I wish to have this upgraded to an honorable discharge because I 
believe I served the USAF honorably.  I believe that personality conflicts 
between my commander and I was the reason for the discharge.  I do not claim 
complete innocense in this matter.  I did make some, what I believe, small 
mistakes to incourage  (sic) this disciplinary action, but I do believe that I 
deserve an honorable discharge.  Please review my military records and base your 
decision on those records.  I thank you for your time &  consideration into this 
matter. 

ATCH 
none. 

01/02/22/ia 

02/26/2008  14: 51 

3167593566 

DELP;~RTMENT OF THE AIR FORCE 

W 

HEADQUARTERS 22D AIR REFUELING WING (AMC) 

STAFF JUDGE ADVOCATE 

McCONNELL AIR FORCE BASE, KANSAS 

FROM: 
SUBJECT:  Involuntary Discharge - 
1.  FACTS AND CIRCUMSTANCES:  On 23  March 2000, Lieutenant Coloncl 
mmandtr of the 22d Medical operations Squadron, recommended that AI 
involuntarily discharged fkom the United Stat 
.49, for minor disciplinary infractons.  Lt Col 
be given an under honorable conditions (general) discharg 

Force pursuant to AFI 36-3208, 
recommended that A1 C p 
ut probation and rehabilitation. 

2. EVIDENCE: 

a.  Evidence for the Government.  During this enlistment in the Air Force, A1 

has  engaged in  a  pattern  of  minor  disciplinary  infractions. 
infractions follows: 

A  brief  description  of  these 

(1)  On or about 22 Jun 99, AlC 

given a Letter of Reprimand (LOR) 
for making false representations to co-workers in order to get them to trade shifts with him and 
for making  a false statement to his  supervisor.  This is evidenced  by a Letter of Reprimand 
(LOR), dated 22 Jun 99. 

given a Letter of Couscling (LOC) 
for sleeping on duty and beh~ disrespectfid to an officer, This is evidenced by an AF Form 174 
(Record of Individual Counseling), datcd 28 Jul99. 

(2)  On or about 28 Jul99, AIC 

(3)  On or about 6 to  10 Dcc 99, A1C m u s e d  words that were provoking 
and rcpmachfbl in nature.  Additionally, on 10 Dec 99, he was derelict in his duties in that he 
received an urgent telephone call fiom SMSgt 
regarding his 14 year old son, a diagnosed 
epileptic,  who  was  suffhing  fiom uncontrollable tremors. AlC 
message causing a 35 minute delay in the child's emergency carc. 
dated 13 Dec 99. 

(4)  On or about 20 h c  99, AT 

words that were provoking and 
rcproachfixl in nature, was insubordinate to a NCO, and left work early without permission. This 
is evidenced by a Letter of Admd8hment (LOA), dated 20 Dec 99. 

__-- -- 

AMC-CLOBAL REACH FOR AMERICA 

(5)  On or abut 11 Feb 00, A1C 

take a lunch break.  AlC-equcsted 

llfuuy disobeyed a direct order not to 
duty time to take care of personal matters which his 
r  granted on  the  condition  that  he  remain at  work  during  the  lunch  period.  AIC 
violated  the  order  by  leaving his work  station 
to  Burger King  to  eat.  In 
on about  1 1 Feb 00, with intent to deceive,-AlC' 
made an official statement, 
that  he was given permission to attend the ORI outbrief which was a false statement known by 
him to be fdsc.  These are evidenced by an AF Form 3040 (Record of Nonjudicial Punishment 
Proceedings), dated 3 Mar 00. 

b.  Evidence for the Remndent.  On 23 Mar 

counsel and to  submit written statements in his own 
submit matters. 
3.  DISCUSSXON:  As the  separation authority, you must  make  four  determinations:  (1) 
whether a basis for discharge exists; (2)  whether an involuntary discharge is appropriate in this 
case; (3) if discharge is appropriate, how the discharge should be characterized; and (4) whether 
probation and rehabilitation (P&R) is appropriate. 

right to 
did  not 

a. Basis for Discharge: AFI 36-3208, paragraph 5.49,  states that aimcn who engage in a 
pattern of minor disciplinary infr&ctions an subject to discharge. The offenses listed above make 
A1 

bjtct to discharge under this provision. 

b. Appropriateness of Dischame: AFI 363208, paragraph 6.1.1, lists the facton that you 
must  consider in making this detennbtion.  Among those  factors arc the seriousness of the 
to discbarge,  whether those  circumstances arc 
circumstances  that  make  A1C-subject 
likely to continue or recur, and whether he has the ab&ty to perfom his duties effectively now 
and in the fuhue. Al-has 
colnmitttd several iDfiactions in this enlistment in &e  Air 
had  numtrous  minor  d i s c i p l i i   infractions  from  his 
Force.  Additionally,  A1C 
predous enlistment.  AlC- 
bas demonstrated an mwillingntss or inability  to comply 
with the standards required of Air Force members. He has failed to take advantage of the second 
him.  His continued  misconduct demonstrated  that  he  is 
chance  his  reenlistment  off& 
unsuitable for military Service,  Accoldingly, discharge is appropriate.  It seems likely that he 
will continue to commit offenses if retained, and, as a result would be  unable to  perform his 
duties effectively. 

c.  Characterhation of thc Discharge: AFI  36-3208,  paragap& 1.17.3, requires that you 
consider the ahman's  age, length of service, grade, aptituda, physical ami mental condition, and 
the  standards of  acceptable  conduct and pc~omancc for  airmen  in determining  the  proper 
characterization.  Paragraph 1.18.2 states that when an airman's  sewice has been faithfbl on the 
whole, yet significant negative aspects of the airman's  conduct or performance of duty outweigh 
the  positivc  aspacts of  bracord, an under  honorable  conditions  (general)  discharge  is 

*  02/26/2006  14: 51 

3167593586 

MCCM.WELL CLAIMS 

P D 8 / -  0 0 0  5-7 

PAGE  04 

v 

- 

series of offenses in this enlistment put him far  below the level of 
appropriate.  A1 
acceptable conduct.  These offenses demonstrate his lack  of integrity, lack  of respect for  co- 
workers, and his disregard for good order and discipline.  A general discharge accurately reflects 
his service in this enlistment. 
d.  Probation and Rehabilitation: Under AFI 36-3208, paragraph 7.3,  a member must have the 
potential to Serve satisfactorily and the capacity to be rehabilitated before  an offer of P&R is 
consistent history of offenses despite the corrective efforts of his 
appropriate.  A 1 C 
squadron, indicates that an offer of P&R would not be appmpriatc in this case. 
4.  RECOMMENDATION  The  evidence  in the  file  is  factually  and legally  sufficient to 
recommendation.  I recommend you  sign the  attached letter directing 
ly discharged from the United States Air Force pursuant to MI 36- 
3208, pangraph 5.49, with an under honorable conditions (general) discharge without probation 
and rehabilitation. 

Assistant Staff Judge Advbcate 

Attachments: 
1. Letter Dkcting Discharge 
2. AFI 36-3208 Discharge Package 

I have carcfidfy reviewed the foregoing legal opinion in the case of A1 
the rtcommendations contained therein and adopt them as my own. 

I concur with 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 22D AIR REFUELING WING (AMC) 

McCONNELL AIR FORCE BASE, KANSAS 

f Pa/-- d3--coa 23 g 

MEMORANDUM FOR A1 C 

FROM:  22 MDOSICC 

SUBJECT:  Notification Memorandum 

j23hdd 2290 

- 

1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions,  in  accordance  with  AFPD  36-32  and  AFI  36-3208,  paragraph  5.49. 
If  my 
recommendation  is  approved,  your  service may  be  characterized  as either  honorable,  under 
I  am 
honorable  conditions  (general),  or  under  other  than  honorable  conditions (UOTHC). 
recommending that your discharge be characterized as under honorable conditions (general). 

2.  My reasons for this action are: 

a. You were, on or about 22 Jun 99, given a Letter of Reprimand (LOR) for making false 
representations to coworkers in order to get them to trade shifts with you and for making a false 
statement to your supervisor.  This is evidenced by  a Letter of Reprimand (LOR), dated 22 Jun 
99. 

b.  You were, on or about 28 Jul 99, given a Letter of Counseling (LOC) for sleeping on 
duty and being disrespecthl to  an officer.  This is evidenced by  an AF Form  174 (Record of 
Individual Counseling), dated 28 Jul99. 

c.  You did, on or about 6 to 10 Dec 99, use words that were provoking and reproachful in 
were derelict in your  duties in that you  received  an 
nature.  Additionally, on  1 
urgent telephone call from 
regarding his 14 year old son, a diagnosed epileptic, 
who was suffering from uncontrollable tremors.  You failed to relay the message causing a 35- 
minute delay in the child’s emergency care.  This is evidenced by a Letter of Reprimand (LOR), 
dated 13 Dec 99. 

- 

t 

d.  You did, on or about 20 Dec 99, use words that were provoking and reproachful in 
nature, were insubordinate to a NCO, and left work early without permission.  This is evidenced 
by a Letter of Klmonishment (LOA), dated 20 Dec 99. 

e.  You did, on or about  11 Feb 00, willfully disobey a direct order in which you were 
told not to take a lunch break.  In addition, you did on about  11 Feb 00, with intent to deceive, 
make an official statement, that you were given permission to attend the ORI outbrief which was 
a false statement known by you to be false.  These are evidenced by an AF Form 3070 (Record 
of Nonjudicial Punishment Proceedings), dated 7 Mar 00. 

AMC-GLOBAL REACH FOR AMERICA 

I 

3.  You have the right to .,.,ii~ult military counsel.  Military legal . -..sei will be made available 
to assist you, at no expense to you.  I have made an appointment for you to consult with the Area 
00  at  0 900  L.  You  can 
Defense  Counsel (ADC) at McConnell AFB  KS  on J Y f l f l R ,  
contact the ADC at ext. 4375.  You may consult civilian counsel at your own expense. 

Foal- m.57 

separation authority to consider must reach me by a$'m  fl 

4.  You  have the  right  to  submit matters in  your  own  behalf.  Any  statements you  want  the 
L  unless  you 
request and receive an extension for good cause shown.  Any  statements or other matters  you 
submit will be forwarded to the separation authority. 

00 at  I] 00 

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 have been scheduled for a mandatory medical appointment.  You are to report to the 
L.  Take your 
22d Medical Squadron, Physical Exams Section, on@ 
medical records with you. 

00 at  /YO0 

7.  If you live in base housing, you must contact the housing office immediately upon receipt of 
this notification. 

8.  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 your squadron orderly room. 

10. Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Receipt of Notification Memorandum 
2.  Statement of Understanding 
3.  LOR, dated 22 Jun 99 
4.  AF Form 174, dated 28 Jul99 
5.  LOR, dated 13 Dec 99 
6.  LOA, dated 20 Dec 99 
7.  AF Form 3070, dated 7 Mar 00 

- 

- 

.