AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-01-00060 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  BcxwdA&declined  to 
exercise this right. 

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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 was  a  security 
apprentice who had two Articles 15 about a year apart, both for sleeping on post.  In member's  reply to the 
discharge action he requested  retention.  The Board noted that while  member otherwise  had  a satisfactory 
service record with no other documented misconduct  or disciplinary infractions,  sleeping on post is a very 
serious offense for a security force responder.  The documented infractions support the characterization of 
service he received.  No inequity or impropriety  was found in his discharge in the  course of the records 
review. 

Applicant  also cited  his post-service  accomplishments.  The Board  commends  applicant  on  his  success 
since leaving the military, however this evidence is not relevant to the period of service under review, and 
does not provide a basis for upgrade. 

If the applicant can provide additional  documented evidence to substantiate an inequity or impropriety, the 
applicant  should  consider  exercising  his  right  to  make  a  personal  appearance before  the  board.  If  he 
chooses to exercise this right, he should be prepared to provide the Board with evidence of the inequity or 
impropriety, as well as any exemplary post-service accomplishments and contributions to the community. 

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 AFB, MD 

ED-01-00060 

(Former A1C) MISSING DOCUMENTS 

l t   MATTER UNDER REVIEW  Appl rec'd  a GEN Disch fr USAF 97/04/04 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 75/08/18.  Enlmt Age:  19 3/12.  Disch Age: 21 4/12. Educ:HS DIPL. 

: N/A.  A-95,  E-61,  G-68,  M-34. PAFSC: 3P031 -  Security Apprentice. 
95/06/24. 

AFQT 
DAS : 

b.  Prior Sv: AFRes 94/11/21 -  95/01/25 (2 months 5 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 95/01/26 for 4 yrs.  Svd: 2 Yrs 2 Mo 9 Das, all AMs. 

b.  Grade Status:  A1C -  96/08/29 

AMN -  (EPR Indicates): 95/01/26-96/09/25 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 97/02/25, Vandenberg AFB, CA  -  Article 92.  You, who 

knew of your duties, o/a 14 Jan 97, were derelict in the 
performance of those duties in that you willfully failed 
to stay awake, as it was your duty to do.  Rdn to Amn 
(susp till 24 Aug 97), forfeiture of $100.00  pay 
per month for 2 months, and 14 days extra duty. 
(No appeal) (No mitigation) 

( 2 )   96/02/29, Vandenberg AFB, CA  -  Article 113. Preliminary 

investigation has disclosed that you were, o/a 14 Feb 
96, at Phantom 2, Bldg 1559, posted as a sentinel, 
found sleeping.  Rdn to AB  (susp till 28 Aug 96), and 
forfeiture of $50.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: none. 

f .   CM:- none. 

g.  Record of SV: 95/01/26  96/09/25  Vandenberg AFB  3  (Initial) 

(Discharged from Vandenberg AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

z 

mol-000 60 

i.  Stmt of Sv:  TMS:  (2) Yrs  (4) Mos  (14) Das 
TAMS:  (2) Yrs .(2) Mos  (9) Das 

4 .   BASIS ADVANCEEL  FOR  REVIEW:  Appln  (DD E’m  293) dtd 01/01/20. 

(Change Discharge to Honorable) 

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Issue 1:  I feel that my discharge was inappropriate.  I have since been 

hired by the -------  Police Dept. and will be graduating from the Police Academy 
on 16 Feb 01.  My discharge was almost four years ago and I feel that is enough 
time elapsed to be considered for an upgrade in my discharge. 

Issue 2:  I realize that what I did while in the Air Force was wrong, but I 

have 1earned.a valuable lesson and I am trying to move on with my life.  I 
appreciate your consideration on this request. 

ATCH 
none. 

01/02/27/ia 

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DEPARTMENT OF THE AIR  FORCE 

.,”, rl SPACE WlNG (AFSPC) 

MEMORANDUM FOR 30 SW/CC 

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FROM:  30 SW/JA 

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SUBJEC 

1.  The proposed administrative discharge action agai-as 
and found to be legally sufficient. 

been reviewed 

2.  BASIS FOR ACTION:  AFPD 36-32 and AFI 36-3208, Paragraph 5.49, minor disciplinary 

action by his commander on 7 Mar 97.  The 
current term of service be characterized as general 
18.  The commander hrther recommends that A1C 
ation in accordance with AFI 36-3208, Chapter 7. 

as consulted counsel and has submitted statements on his own behalf 

ntered the Air Force on 26 Jan 95.  He was assigned to 30 SPS on 24 
Jun 95, filling a position as a Response Force Member.  On 14 Feb 96, he was found sleeping on 
post.  For this, he received Article 15 punishment on 17 Feb 96, consisting of a suspended 
reduction to Airman Basic; and forfeiture of $50 pay per month for 2 months.  A Unfavorable 
Information File was also established.  On or about 14 Jan 97, he was found sleeping on post 
again.  For this, he received Article 15 punishment on 24 Jan 97 for dereliction of duty, consisting 
of a suspended reduction to the grade of airman, forfeiture of $100 pay per month for 2 months, 
and 14 days extra duty. 

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4.  OTHER DEROGATORY DATA:  None. 

5.  DISCUSSION: 

a.  This discharge action has been processed in strict compliance with AFI 36-3208, and 

the evidence is legally sufficient to support discharge ba 
incidents listed in the facts section above occurred i 
be used by you as a basis for discharge. 

ttern of misconduct.  All of the 
rrent enlistment3nd may 

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tted matters for your consideration.  You must consider these 
sion.  He provides you with some background information 
r another chance to finish out his last 18 months ln the military.  The 

Attachment 3. 

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Golden Legacy,  Boundless Future.. . Your Nation’s Air Force 

c.  The decision to discharge should be made after careful consideration 

that make the member subject to discharge under AFI 36-3208, Paragraph 6.1.1. 
was given two- A f t d  15s for the same offense-sleeping on post.  This kind of misconduct is 
unacceptable especially in the security police field. After receiving an Article 15 for thidrst 
incident, he did not get the message as to the seriousness of this offense. This kind of 
carelessness is inconsistent with continued military service.  He asks for another chance - but he 
was given that chance after the first Article 15.  Discharge action, without an offer of probation 
and rehabilitation, is warranted in this case. 

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d.  Indetermini 

aracterization of service, the quality of service 
according to standards of acceptable conduct and personal performance of duty should be 
considered.  AFI 36-3208, paragraph 1.18, defines the standards for discharge characterization: 

1)  Honorable:  “The quality of the airman’s service generally has met Air Force standards 

of acceptable conduct and performance of duty or when a member’s service is otherwise so 
meritorious that any other characterization would be inappropriate.”  (Paragraph 5.48.4 adds that 
a discharge for misconduct will be characterized as honorable only when any other 
characterization wouM be cZeurZy inappropriate.) 

2)  General:  “If an airman’s service has been honest and faithful, this characterization is 

warranted when significant negative aspects of the airman’s conduct or performance of duty 
outweigh positive aspects of the airman’s military record.” 

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rrent term of service as general under honorable conditions is 
es contain two significant negative aspects. 
6.  OPTIONS:  As the Special Court-Martial Convening Authority, you may: 

a.  Direct retention based on your determination that the evidence is insufficient to support 

discharge; 

b. Return the discharge file with direction that the action be brought under a more 

appropriate paragraph of MI 36-3208; 

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probation and rehabilitation; 

c.  Direct discharge with an general characterization of service, with or without an .offer of 

d.  Direct that the discharge be re-initiated under the board hearing for a discharge under 

other than honorable conditions. 

7.  RECOMMENDATION:  That you direct discharge of 
without an offer of probation 
characterization ~ f d r ~ i ~ e  
proposed letter at Tab 1. 

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Attachment: 
Case File 

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DEPARTMENT OF THE AIR  FORCE 

ACE WING (AFSPC) 

MAR 

7  1997 

FROM:  30 SPS/CC 
SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208 

1. I am recommending your discharge fiom the United States Air Force for minor disciplinary 
infractions.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, Paragraph 
5.49.  If my recommendation is approved, your discharge may be characterized as honorable, 
general under honorable conditions, or under other than honorable conditions.  I am 
recommending that your discharge be characterized as general. 

2.  My reasons for this action are as follows: 

a.  On  17 Feb 96, you were served with an Article 15 action for dereliction of duty 

because you were found sleeping on post, an offense which took place on or about 14 February 
96.  You were given a suspended reduction to the grade of airman basic, suspended until 28 Aug 
96, and a forfeiture of $50 pay per month for 2 months.  A Unfavorable Information File was 
established. 

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b.  On 24 Jan 97, you were served with a second Article 15 action for the same offense, 
dereliction of duty because you were found sleeping on post.  This occurred on or about 14 Jan 
97.  You were given a suspended reduction to the grade of airman, suspended 24 Aug 97, 
forfeiture of $100 per pay month for 2 months and 14 days extra duty. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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.  Furthermore, any special 
pay, bonuses, or education assistance you have received may be subjedt to recoupment. 

4.  You have the right to consult counsel. 
I have made an appointment for you to co 
Counsel, Building 8500, ext. 6-3627/28, at 
may consult civilian counsel at your own expense. 

Golden Legacy, Boundless Future.. . Your Nation's Air Force 

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5. Yo1  have the right to submit matters on  'our own behalf.  Any matters you wish to submit for 
considerationby the separation authority must reach me within 3 duty days unlewpwxcpest 
and receive an extension from me for good cause shown.  I will forward any matters s&!!tted 4 
you to the sepEation authority. 

by 

". 

6.  If you fail to consult counsel or to submit matters in your own behalf within 3 duty- days 
without an approved extension, your failure will constitute a waiver of your right to do so. 

7.  Any personal information you hrnish in rebuttal to this action is covered by the Privacy Act of 
1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense Counsel, 
Building 8500. 

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

Attachments: 
1. Article 15, 16Feb 96 
2.  Article 15, 24 Jan 97 

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