AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-01-00059 

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

[ssues.  Applicant was discharged for misconduct, minor disciplinary infractions.  He had three Letters oi 
Reprimand, two Letters of Counseling, one Record of Individual Counseling, and an Article  15.  He also 
had  an  Unfavorable  Information  File  and  referral  “2”  Enlisted  Performance Report.  His  misconducl 
included  two  leave  policy  infractions,  sleeping  on  duty,  a  failed  scheduled  dorm  inspection,  a  Career 
Development Course failure, and writing several non-sufficient hnd checks totaling $780.00.  At the time 
of the discharge, applicant waived his right to submit statements in his own behalf  The Board hrther noted 
the leave infractions and the NSF checks were repeat offenses for which the member had been counseled, 
but  failed  to  adhere to  standards.  Furthermore, the  applicant was  age  19 and  20  when  his  misconducl 
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 he did not know right from wrong  He was given numerous opportunities tc 
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 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 

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DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AMN)  MISSING  DOCUMENTS 

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FD - 0 1 - 0 0 0 5 9 

Appl rec’d a GEN  Disch fr USAF 94/10/27 UP AFR 39-10, 
1 .   MATTER  UNDER  REVIEW 
para 5-46 (Misconduct - Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2 .   BACKGROUND: 

a. DOB: 74/05/28.  Enlmt Age: 17 9/12.  Disch Age: 20 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-63,  E-54,  G-62,  M-25. PAFSC: 1C531C - Aerospace Control & 
Warning Systems Apprentice. DAS: 92/12/04. 

b.  Prior Sv: AFRes 92/03/20 -  92/09/04 (5 months 25 days)(Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enld as AB 92/09/15 for 6 yrs.  Svd: 2 Yrs 1 Mo 13 Das, all AMs. 

b.  Grade Status:  AMN  -  94/09/13 (Article 15, 94/09/14) 

A1C -  92/10/29 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 94/09/14, March AFB, CA - Article 92.  You, who knew of 
your duties, o/a 05 Aug 94, were derelict in the 
performance of those duties in that you willfully failed 
to provide your supervisor with an itinerary of your 
travel prior to your leave being approved, as it was 
your duty to do.  Rdn to Amn.  (Appeal/Denied) 
( N o   mitigation) 

e.  Additional: LOR, 14 SEP 94 -  Bad checks. 
LOR, 22 APR 94 -  Bad checks. 
LOR, 24 MAR 94 -  Dereliction of duty. 
LOC, 19 MAR 94 -  Sleeping on post. 
LOCI 17 MAR 94 -  Failed dormitory inspection. 

f.  CM:  none. 

g.  Record of SV: 92/09/15  94/05/14  March AFB  3  (Initial) 

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(Discharged from March AFB) 

h.  Awards &  Decs:  NDSM  AFTR. 

i.  Stmt of Sv:  TMS:  (2 
TAMS:  (2 

Yrs  (7) Mos  (8) Das 
Yrs  (1) Mos  (13) Das 

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

(Change Discharge to Honorable) 

NO  ISSUES  SUBMITTED. 

ATCH 
none. 

FDO1-00059 

0 1 / 0 2 / 2 6 / i a  

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IDUM FOR 722 ARW/ 
722 ARW/JA 

MEMORA 
FROM: 
SUBJECT : 

C 

Administrative Discharge -  Amn 
SWADS 

I 

ACTION:  This case is before you in your capacity as discharge authority 
1. 
The SWADS/CCQ  recommends the respondent be separated 
for review and action. 
from the United States Air Force with a general discharge without probation 
and rehabilitation pursuant to AFR 39-10,  Section H,  paragraph 5-46  for minor 
disciplinary infractions.  I  concur. 
2.  FACTS FOR THE GOVERNMENT: 
On or about 5  Aug 94, 
his duties in that he willful 
itinerary of his travel prior 
to do.  As a result, he received an  Article 15  on  13  Sep 94  and he was 
reduced to the grade of Airman with a new date of rank of  13  Sep 94. 

as derelict in the performance of 
provide# his supervisor with an 
e being approved, as  it was his duty 

a. 

b.  On or about 18  and 29 July 94, 
Base Exchange with insufficient funds 
result, he received a Letter o f   Reprim 

..  privileges were revoked. 

c. 

Be.tween 10 Mar 94  and 22 Apr 94, 
insufficient funds in excess of $600.00. 
of Reprimand on 22 Apr 94. 

wrote checks to the March 
1 amount o f   $180.00. 
As  a 
ep 94  and his check cashing 

rote multiple checks with 
t, he received a Letter 

d. 

On or about 8  Mar 94, 
change the return date of his 
did neither.  As a result, he 
e.  On or about 19  Mar 94, 
receiied a Letter of  Counselin 
f.  On or  about 17 Mar 94, 
a  result, he received a Letter 
3.  FACTS FOR THE RESPONDENT: 

as  derelict in his duty to either 
xtend his leave before departing; he 
Letter of Reprimand on 24  Mar 94. 
slept on  post.  As a result, he 

ailed his dormitory inspection.  As 
ing on the same day. 

a. 

The respondent is 20 years old, and has served approximately 2 years 
AQE scores are: A-63;  E-54; 6-62; and M-25. 

o f   a  current 6  year enlistment. 
The APR/EPR history is as follows: 

% 

3 

14  MAY  94 

b.  The respondent is entitled to wear the Air Force Training Ribbon and 

the National Defense Service Medal. 

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c.  The respondent has met with military counsel and has elected not to 

submit statements regarding this discharge action. 
4.  ERRORS  AND IRREGULARITIES:  None. 
5. DISCUSSION: 

a. 

involuntary separation of airmen who engage in 
infractions.  Refore this discharge I  reviewed 
record, as well as the documents relating to t 
basis for this discharge.  Within the last 7  mon 

Legal  Sufficiency:  AFR 39-10, paragraph 5-46,  authorizes the 
rY 
ilitarJs; 
form the 
as rece?ved an 
1 ing and had a 
three Letters of Reprimand, three Lette 
cord prepared, a1 1  for minor disciplinary infractions. 
actions make him unsuited for continued service in the Air Force. 
d misconduct satisfies the requirements of the regulation and 

justifies discharge. 

b.  Character of Discharge:  The respondent's commander has recommended a 
general discharge.  I  concur.  Characterization of service as general is 
appropriate when significant negative aspects of  an airman's conduct outweigh 
positive aspects of his or her military record. 

c.  Probation and Rehabilitation:  I  concur with SW 
and rehabilitation is not appropriate for this airman. 
given numerous opportunities to rehabilitate himself. 
that further rehabilitative efforts would be successful. 
6.  RECOMMENDATION:  As  the discharge authority you have the following 
opt ions : 

probation 
as been 
indication 

I 
! 
I 

I 

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Separate the respondent with a general discharge, with or without 

a;  Retain the respondent:  or 
b. 
probation and rehabilitation; or 
c.  Recomnend to 15  AF/CC that the respondent be discharged with an 

honorable discharge, with or without probation and rehabilitation; or 

d.  Refer the case to an administrative discharge board. 

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Based on the foregoing, I  recommend you separate the respondent from the 
United States Air Force with a general discharge without probation and 
rehabilitation. 

I concur/ruxs&tar. 

-  FROM:  SWADS/G&Q 

SUBJECT:  Notification Letter 

1.  I  am recommending your discharge from the United States Air Force for 
minor disciplinary infractions. 
Section HI  paragraph 5-46. 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: 

The authority for this action is AFR 39-10, 

a.  On or about 5 Aug 94, you were derelict in the performance o f  your 
duties in that you willfully failed to provided your supervisor with an 
itinerary of your travel prior to your leave being approved, as it was your 
duty to do. 
reduced to the grade of Airman with a new date of rank of 13 Sep 94. 

As  a result, you received a Article 15 on 13 Sep 94 and you were 

b. 

On or about 18 and 29 July 94, you wrote checks to the March Base 

Exchange with insufficient funds in the total amount of $180.00. 
of your continued financial irresponsibility, you received a Letter of 
Reprimand on 14 Sep 94'and your check cashing privileges were revoked.' 
c.  Between 10 Mar 94 and 22 Apr 94, you wrote multiple checks with 

As a result 

insufficient funds in excess of $600.00. -As 
of  Reprimand on 22 Apr 94. 

a result, you received a Letter 

d. 

On or about 8 Mar 94, you were derel 
the return date of your leave or extend your 
neither.  As a result, you received a Letter 

ct in your duty to either change 
leave before departing; you did 
of Reprimand on 24 Mar 94. 

e.  On or about 19 Mar 94, you slept on post. 

Letter of Counseling on the same day. 

As a result, you received a 

f. 

On or about 17 Mar 94,  you failed your dormitory inspection. 

result, you received a Letter of Counseling on the same day. 

As a 

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.  You may consult civilian counsel at your own expense. 

3.  Copies of the documents to be forwarded to the separation authority in 
The commander exercising SPCM 
support of this recommendation are attached. 
jurisdiction or a higher authority will decide whether you will be discharged 
or retained in the Air Force, and if discharged how your service will be 
characterized. If you are discharged, you will be ineligible for reenlistment 
in the Air Force. 
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 c o n w e  
Area Defense Ccunsel at March Air Force Base, California, 3870 on -94  - 
at Pi& 
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 \ \ m a  unless 
you request and receive an extension for good cause shown. 
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 medical examination.  You  must report to 
722  MDG, Physical Exams Section at0739 on & o C T ~ $  for the examination. 
8.  Any personal information you furnish in rebuttal is covered by the Privacy 
Act Statement as explained in AFR 39-10,  attachment 6.  A copy of AFR 39-10  is 
available for your use  in your unit orderly room. 
9.  Execute the attached acknowledgment and return it to .me  immediately. 

I  will send them 

6  Attachments 
1.  Article 1 5 ,   13 Sep  94 
2.  LOR,  14  Sep 94 
3.  LOR,  22 Apr 94 
4.  LOR,  22 Mar 94 
LOC-,  19 Mar 94 
5. 
LOC,  17  Mar 94 
6. 

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