AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-0 1-00063 

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 justifl a change of discharge. 

4 

The applicant's issues are listed in the attached brief. 

Issue  1.  Applicant  contends discharge was  inequitable because  he  was  unable  to  serve due to  a relentless 
homosexual  investigation.  The  records  indicated  the  applicant received  two  Article  15s and  a  Letter  of 
Reprimand  for  misconduct  during  his  time  of  service.  The misconduct  included  failing to  go  at the  time 
prescribed to his appointed place of duty, being derelict in the performance of his duties in that he negligently 
failed to go to his annual flight physical and was rendered unqualified for duty a tower air traffic controller, and 
making a false statement to his commander during a formal investigative interview about taking property from 
his  workplace.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities to change his negative behavior.  There was no  evidence in the applicant's records, nor did he 
provide any, to substantiate his issues.  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 &y  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 reports, letters of 
recommendation 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.  His second performance reports 
had  a  lower overall  rating  than  the  first.  Comments on  the  second  report  indicated  the  lower  rating  was 
appropriate due to the applicant missing appointments during the period of the report.  There was no mention of 
an investigation involving the applicant with regards to homosexual activity on the base.  The Board concluded 
the discharge was appropriate for the reasons which were the basis for this case. 

Page 2 (Cont'd) 

FD01-00063 

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. 

[n view of the foregoing findings the board  further 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 

4 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

ED-01-00063 

(Former A1C) MISSING DOCUMENTS 
. -  - 

1.  MATTER UNDER W I E W :   Appl rec'd  a GEN  Disch fr USAF 95/03/29 UP AFI 36-3208, 
para 5.50  (Pattern of Misconduct).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 72/12/28.  Enlmt Age: 18 3/12.  Disch Age: 22 3/12. Educ:HS DIPL. 

AFQT: N/A.  A-34,  E-72,  G-72,  M-82. PAFSC: 1C151 -  Air Traffic Control 
Apprentice. DAS: 92/01/28. 

b.  Prior Sv: AFRes 91/04/05 -  91/08/06 (4 months 2 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 91/08/07 for 4 yrs.  Svd: 3 Yrs 7 Mo 23 Das, all AMs. 

b.  Grade Status:  A1C -  95/02/06 (Article 15, 95/02/06) 

SRA  -  94/08/07 
A1C -  92/12/07 
AMN  -  92/02/07 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 95/02/06, RAF Mildenhall, UK - Article 86.  You did, o/a 

23 Jan 95, w/o auth, fail to go at the time prescribed 
to your appointed place of duty.  Rdn to A1C. 
(No appeal)  (No mitigation) 

(2) 94/01/14, RAF Mildenhall, UK -  Article 92.  You, who 

knew of your duties, o/a 3  Jan 94, were derelict in the 
performance of those duties in that you negligently. 
failed to go for your annual flight physical scheduled 
for 8 Dec 93,rendering you now unqualified for duty as 
a tower air traffic controller.  Rdn to Amn  (susp till 
13 Jul 94), and forfeiture of $450.00 pay.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 30 AUG 94 -  False statement. 

f.  CM:  none. 

g.  Record of SV: 91/08/07  93/04/06  RAF Mildenhall  4  (Initial) 
93/04/07  94/04/06  RAF Mildenhall  3  (Annual) 

(Discharged from RAF Mildenhall) 

h.  Awards &  Decs:  AFTR, AFOUA. 
i.  Stmt of Sv:  TMS:  (3) Yrs  (11) Mos  (25) Das 
TAMS:  (3) Yrs  ( 7 )   Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/01/15. 

(Change Discharge to Honorable) 

_ _  
- -_ 

E'DO1-00063 

Issue 1:  Inability to Serve due to relentless homosexual investigat-ons at 

RAF Mildenhall, UK between 1993 and 1995 Significant Punishment for Minor 
Offenses. 

4 

ATCH 
1. Applicant's Letter, 15 Jan 01. 
2. Enlisted Performance Report. 
3. Staff Summary, Administrative Discharge. 
4.  Four Letters of Appreciation. 

01, 02/28, ia 

DEPARTMENT OF THE  AIR  FORCE 

UNITED STATES AIR  FORCES IN EUROPE 

28 Feb 1995 

FROM:  100 OSSI/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208,  section H, 
paragraph 5.50.  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 23 January 1995, at or near RAF Mildenhall, Suffolk, United Kingdom, 

without authority, you failed to go at the time prescribed to your appointed place of duty, to 
wit:  Bay Orderly, Dormitory 213.  For this you received nonjudicial punishment under 
Article 15, Uniform Code of Military Justice (UCMJ). 

b.  On or about 12 July 1994, while questioned during a formal investigative interview, 

you gave false answers to your commander.  For this you received a Letter of Reprimand, 
were placed on a Control Roster, and an Unfavorable Information File was established. 

c. On or about 3 January 1994, you, who knew of your duties, at or near RAF 

Mildenhall, Suffolk, United Kingdom, were derelict in the performance of those duties in that 
you negligently failed to go for and pass your annual flight physical scheduled for 8 December 
1993, rendering you unqualified for duty as a tower air traffic controller.  For this you 
received nonjudicial punishment under Article 15, UCMJ. 

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 and, if you 
are 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.  Milita 
you.  I have made an appointme 
building 976, RAF Lakenhea 
You may consult civilian cou 

s been obtained to assist 
Area Defense Counsel, at 
1995, at 10:30 hours. 

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 3 March 1995, unless you request and 
receive an extension for good cause shown. I will send them 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 the 48th 
Medical Group, Wysical Examinations, at building 926, RAF Lakenheath at 0700 hours 
on 2 March 1995, for the examination.  You must be in uniform.  If you wear glasses, you 
must have them with you.  You must fast for 14 hours prior to your appointment and you may 
not consume any alcoholic beverages for 72 hours prior to your appointment if you have a 
history of diabetes in your family. 

_ _  -_ 

8.  Any personal information y ~ u  
furnish in rebuttal is covered by  the Privacy Act of 1974.  A 
copy of A H  36-3208 is available for your use at the Unit Orderly Room or the Area Defense 
Counsel Office. 

-+ 

Attachments: 
1.  Airman’s Acknowledgment 
2.  Article 15, dtd 13 Feb 95 w/Atch’s 
3.  LOR, dtd 30 Aug 94 
4.  Article 15, dtd 14 Jan 94 w Atch’s