AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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CASE NUMBER 

FD-01-00058 

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 to the discharge 
FINDINGS: Upgrade of discharge is denied. 

The Board  finds  that  neither the  evidence of record  or that  provided  by  the  applicant  substantiates an 
inequity or impropriety that would justify a change of the discharge. 

Issues.  Applicant  was  discharged  for  misconduct,  minor  disciplinary  infractions.  He  had  a  Letter  of 
Reprimand, and two Articles 15.  His misconduct included drinking underage, failing to obey a lawhl order 
(which also involved underage drinking on a separate occasion), violating Phase I training requirements by 
wearing civilian clothes when not authorized, and by  attending a party at a staff member’s base quarters, 
also in  contravention of student rules.  At  the time of the  discharge,  member waived  his  right to  submit 
statements in his own behalf.  Applicant now contends his discharge characterization was too harsh because 
it was based on minor incidents and that his service was otherwise dutiful.  Applicant’s offenses were well 
documented.  The various disciplinary actions taken were given in  an effort to rehabilitate him.  He was 
either unwilling or unable to conform  his  behavior  to  expected  standards.  The  documented  infractions 
support the characterization of service he received.  No inequity or improprietv was found in his discharye 
in the course of the records review. 

Applicant also cited his desire to reenlist in the military.  The Board acknowledges the negative impact of 
member’s reenlistment code on applicant, but this is not a matter of equity or impropriety that warrants an 
upgrade. 

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 AE'B,  MD 

FD-01-00058 

(Former AB) MISSING DOC- 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/07/13 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 80/12/12.  Enlmt Age:  18 8/12.  Disch Age: 19 7/12. Educ:HS DIPL. 

AFQT: N/A.  A-77,  E-86,  G-88,  M-93. PAFSC: 1N211 -  Morse Systems Operator 
Helper. DAS: 00/01/31. 

b.  Prior Sv: AFRes 99/08/31 -  99/12/14 (3 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 99/12/15 for 6 yrs.  Svd: 0 Yrs 6 Mo 29 Das, all AMs. 

b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 00/03/31,  Davis-Monthan AFB, A2 - Article 92.  You, who 
knew or should have known of your duties, o/a 4 Mar 00, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from drinking alcoholic 
beverages while underage, as it was your duty to do. 
Forfeiture of $217.00 pay, 14 days extra duty, and 14 
restriction.  (No appeal)  (No mitigation) 

(2) 00/03/09, Davis-Monthan AFB, AZ - Article 92.  You, 

having knowledge of a lawful order issued by TSgt ------ 
not to drink alcohol, an order which it was your duty to 
obey, did, o/a 21 Apr 00, fail to obey the same by 
wrongfully drinking alcohol.  Forfeiture of $234.00 pay 
and 14 days extra duty, and 14 days restriction. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 31 MAY 00 -  UniForm violation. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Davis-Monthan AFB) 

h.  Awards &  Decs:  AFTR.. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (10) Mos  (13) Das  e o b q  

TAMS:  (0) Yrs  (6) Mos  (29) Das  & /yL)Ss 

FD01-00058 

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

to Honorable) 

(Change Discharge 

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Issue 1:  I feel that the discharge given to me imp 
that it leaves me with no option for reenlistment in thi 
think that my training record of honor graduate of BMT,  aiiu  yl.uu----.2 
phase of technical training 42 days ahead of expectancy, shows that I should be 
able to reenlist in the future.  Moreover to the point of my reasonings of this 
request, I feel that the discharge recieved  (sic) reflects minor incidents and 
overshadows the amount of dutiful service. 

0 
rst 

ATCH 
none. 

01/02/22/ia 

DEPARTMENT OF THE AIR FORCL 
AIR EDUCATION AND TRAINING COMMAND 

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MEMORANDUM FOR  1 

SUBJECT:  Legal Review of Involuntary Discharge - 2, 

FROM: 

3 14 TRS 

1.  INITIATION OF ACTION:  On  15 Jun 00, the commander, 3 14 TRS, recommended that 
A 
Respondent, be discharged from the Air Force under AFI 36-3208, 
paiagraph 5.49, for minor disciplinary infi-actions.  The commander recommends a general 
discharge and does not recommend probation and rehabilitation (P&R). 

2.  RESPONDENT:  The respondent is a  19-year-old airman who has served six months of his 
first, six-year enlistment.  He has no completed EPRs.  The respondent is not entitled to a board 
hearing.  After consultation with counsel, Respondent has waived his right to submit a statement 
for your consideration 

3. DISCUSSION: 

a.  Basis for Discharge:  AFI 36-3208, paragraph 5.49, authorizes discharge of an a i m h  
for minor disciplinary infractions consisting of failure to comply with nonpunitive regulations or 
minor offenses under the UCMJ.  In this case, the commander cites two Article 15 actions and 
one letter of reprimand.  The violations include failing to obey a lawful order, willfully failing to 
refrain from drinking alcoholic beverages while underage, and phase violations.  These constitute 
a series of minor disciplinary infractions as contemplated by paragraph 5.49 and renders 
Respondent subject to discharge. 

b.  Appropriateness of Discharge:  Respondent’s minor disciplinary infractions illustrate 
his inability to comply with Air Force standards,  Administrative discharge is appropriate under 
paragraph 5.49. 

c.  Characterization of Service:  Under AFI 36-3208, paragraph 1.18. I, authorizes an 

honorable discharge when the airman’s service has otherwise been so meritorious that any other 
characterization would be inappropriate.  Paragraph 1.18.2 states that a general discharge is more 
appropriate when significant negative aspects of the airman’s conduct or performance of duty 
outweigh positive aspects of the airman’s military record.  Discharge under other than honorable 
conditions is not authorized under paragraph 5.49.  Considering the disciplinary infractions in 
Respondent’s record, a general discharge accurately describes his service.  Respondent’s service 
should be characterized as general. 

d.  Probation & Rehabilitation:  Probation and rehabilitation (P&R) is reserved for those 

cases where an airman could change through counseling and rehabilitation.  The commander, 
3 14 TRS, states the respondent is incompatible with military service.  P&R is not appropriate in 
this case. 

e.  Legal Sufficiency:  This discharge package is legally sufficient. 

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4.  17 TRW/CC OPTIONS:  As the SPCM authority, you may: 

~ 

_- 

__ 

a.  Retain the respondent in the Air Force; 

b.  Refer the case to the general court-martial convening authority with a recommendation 

for an honorable discharge, with or without P&R; 

c.  Separate the respondent with a general discharge, with or without P&R. 

5.  RECOMMENDATION:  I recommend that you separate Respondent with a general 
discharge under AFI 36-3208, paragraph 5.49, without P&R. 

I concur. 

-  --_- 

Attachment: 

Discharge Package 

DEPARTMENT OF THE AIR  FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR AB 

FROM:  3 14 TRSKC 

__ 

SUBJECT:  Notification Memorandum 

4TRS  e 

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1.  I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  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.  On or about 4 Mar 00, you willfully failed to refrain from drinking alcoholic beverages 

while underage.  For this you received an AF Form 3070 (Article 15) on 27 Mar 00. 

b.  On or about 21 Apr 00, you having knowledge of a lawful order given by 

not to drink alcohol, an order which it was your duty to obey, failed to obey the same by 
wrongfully drinking alcohol.  For this you received an AF Form 3070 (Article 15) on  1 May 00. 

c.  On 6 May 00, you attended a party in post housing while in civilian clothes, which is a 

violation of the Phase I rules outlined in AETCI 36-2216 and the student Thunderbolt Handbook. 
For this you received a Letter of Reprimand on 31 May 00. 

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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force and any special pay, bonus, or 
education assistance funds may be subject to recoupment. 

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4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult 
Defense Counsel.  You may consult civilian counsel at your own expense. 

m Davis-Monthan Arw 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
hours unless you 
separation authority to consider must reach me by  ?~!uM& 
request and receive an extension for good cause shown.  I will send them to the separation 
authority . 
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at  i-ko 

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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 medical examination.  You must report to the Davis-Monthan 
AFB Clinic between  1300 and 1500, Monday through Thursday for your medical examination. 

8.  Any perso&formation 
copy of A H  363208 is available for your use in the Unit Orderly Room. 

you furnish in rebuttal is covered by the Privacy Ac-74. 

A 

Commander 

I 

Attachments: 
1.  Airman’s receipt of notification memorandum 
2.  AF Form 3070 (Article 15), dated 27 Mar 00 
3.  AF Form 3070 (Article 15), dated 1 May 00 
4.  Letter of Reprimand, dated 3 1 May 00