AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-0 1-00066 

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 DRB finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
and after a thorough review of the record, the Board was able to identi@ none.  The records indicated the 
applicant received two Article 15s and a Letter of Reprimand for misconduct.  The misconduct included 
failing to go at the time prescribed to his appointed place of duty on divers occasions.  The DFW opined 
that  through these administrative actions, the applicant had  ample opportunities to  change his negative 
behavior.  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. 

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 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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

FD-01-00066 

(Former AB) MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 99/10/06 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 79/09/11.  Enlmt Age: 18 8/12.  Disch Age: 20 0/12. Educ:HS DIPL. 

AFQT: N/A.  A-82,  E-74,  G-66,  M-57. PAFSC: 3C231 -  Communications Computer 
Systems Controller. DAS: 98/02/25. 

b.  Prior Sv: AFRes 98/06/02 -  98/08/18 (2 months 17 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AMN  98/08/19 for 4 yrs.  Svd: 1 Yrs 1 Mo 18 Das, all AMs. 

b.  Grade Status:  AB -  99/09/17 (Article 15, 99/09/17) 

A1C -  99/06/19 

c.  Time Lost: .  none. 

d.  Art 15's:  (1) 99/09/17, Schriever AFB, CO - Article 86.  You did, o/a 

27 Aug 99, w/o authority, fail to go at the time 
prescribed to your appointed place of duty.  You did, on 
divers occasions between o/a 26 Aug 99 and o/a 8 Sep 99, 
w/o authority, fail to go at the time prescribed to your 
appointed place of duty.  You did, o/a 9 Sep 99, w/o 
authority, fail to go at the time prescribed to your 
appointed place of  duty.  Rdn to AB.  (No appeal) 
( N o   mitigation) 

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- 

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(2) 99/04/15, Peterson AFB, CO - Article 92.  You, who knew 

of your duties, o/a 7 Apr 99, were derelict in the 
performance of those duties in that you negligently 
failed to attend the First Term Airmen's Course, as it 
was your duty to do. 
reprimand.  ( N o   appeal)  (No mitigation) 

Fourteen days extra duty and a 

l e -  

e.  Additional: LOR, 29 MAR 99 -  Failure to go  (Document missing from 

file). 

f.  CM:  none. 

g.  Record of SV: none. 

- 

(Discharged f r o m   Schriever AFB) 

h.  Awards  &  Decs:  AFTR. 
i.  Stmt of  Sv:  TMS:  (1) Yrs  (4) Mos  (5) Das 
TAMS:  (1) Yrs  (1) Mos  (18) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  A p p l n   (DD F’m  293)  dtd 01/02/01. 

( C h a n g e   Discharge t o  Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1.  DD Form  149. 

mol-00066 

01/03/06/ia 

a. 

, C” 

I d   u 1   uc: zup 

D P M  

DEPARTMENT OF THE AIR  FORCE 

5OW  SPACE WING (AFSPC) 

MEMORANDUM FOR 5- 

FROM: 50 SW/JA 

608 Navstar Street Ste 18 
Schriever AFB CO  80912-3018 

29 Sep 99 

SUBJECT: Legal Review of AFI 36-3208, Discharge of A

50 CS (AFSPC) 

B

X

 

nistrative discharge action pertaining to AB 
r legal sufliciency.  There has been substanti 

I have re 
1. 
(respondent), 
applicable substantive and procedural provisions of AFl36-3208.  This action was initiated on 
21  September 1999 to administratively separate respondent from the Unitcd States Air Force 
pursuant to AFI 36-3208, chapter 5, section H, paragraph 5.49, for misconduct (minor 
disciplinary infractions).  The statutory basis for this action is 10 U.S.C.  6  1 169 and a legal 
review is required by AFI 36-3208, paragraph 6.12.1 

The recommendation for discharge is based upon the information contained in paragraph 2, 

2. 
of the notification memorandum.  The notification mem 
to go.10 his appointed place of duty on divers occasions. 
reprimanded and punished under Article 15 twice.  Under the first Article  15 he was reprimanded 
and assigned extra duty.  Under the second Article 15 he was reduced from E-3 to E- I. 

The respondent is 20 years oId and enlisted on 19 Aug 98 for a term of 4 years.  He has a 
3. 
total of 1 year and 1 month active service.  After consulting with the Area Defense Counsel, the 
respondent has waived his rights to submit statements for you to consider. 

Errors and Irregularities: There are no errors or irregularities that prejudice respondent or 

4. 
deprive him of any substantial rights. 

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5.  As DischargeButhority, you are empowered to: 

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a.  Appro* 

the discharge and issue a general dischargc certificate; 

b.  Approve a general discharge, but suspend its execution for a period of up to one year 

for probation and rehabilitation; 

Golden Legacy,  Boundless Furure.. . Your Narion ‘s Air Force 

F e b   15 0 1   02:23p 

DPM 

7 19-567-4769 

P -  4 

c.  Recommend an honorable discharge and forward the case file to 14 AF/CC for 

disposition, 

d.  Order respondent be retained in the Air Force. 

I recommend you direct that respondent be separated from the United States Air Force with 
6. 
a general dischargc without probation and rehabilitation and that paragraph 5.49 be cited as the 
basis for this action.  A general discharge is appropriate when significant negative aspects of the 
member's conduct outweigh positive aspects of his niilitary record.  AFI 36-3208, paragraph 
1.18.2. Probation and rehabilitation is inappropriate because of respondent's continued and 
repeated improper conduct despite attempts at correction.  Moreover, in response to his most 
recent Article 15, resyorident stated he has no desire to remain in the Air Force  Separation of 
respondent can be accomplished as soon as the file iiicludes the medical evaluation indicating 
that the respondent is medically qualified to he involuntarily discharged. 

Please contact my POC, Capt -at 

7. 
additional information. 

567-7016, if you have any questions or need 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

50TH SPACE WING (AFSPC) 

MEMORANDUM  FOR AR j

FROM:  50 CS/CC 

SUBJECT:  Notification Memorandum 

21 Sep 99 

( A F S P ~ )  

j

I am recommending your discharge from the United States Air Force for misconduct (minor 

1. 
disciplinary infractions). The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.49.  If niy recommendation is approved, your service will be characterized as 
honorable or general.  I ani recommending that your service be characterized as general. 

2.  My reason for this action is 

a.  On or about 29 Mar 99, you received a Letter of Reprimand for failing to report for duty 

on divers occasions over a 2 week period.  (atch 1 a) 
-. 

..w 

~ b.  On or about 7 Apr 99, you failed to attend the First Term Airmen's Course as it was your 

duty to do.  For this misconduct you received an Article 15 dated 15 Apr 99, (atchlb). 

c.  Between on or about 27 Aug 99 and 9 Sep 99, you failed to go at the time prescribed to 
your appointed place of duty on divers occasions.  For these offenses you received ai Article 15, 
dated 17 Sep 99, with reduction in rank to AB. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recummendation 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 and, if 
discharged, how your service will be Characterized.  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. 

-  4.  You have t h e q i t  to consult counsel.  Military legal counsel has been obtained to assist 

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you.  I have made an appointment for you to consult the Area Defense Counsel at Peters011 AFB, 
Colorado on 22 Sptember 1999 at 0930 hours.  You may consult civilian counsel at your own 
expense. 

7 

5.  You have the right to submit statements hi your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from the date you receive this 
memorandum of notification unless you request and receive an extension for good cause shown. 
I will send them to the separation authority. 

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Golden Lrgaqs. Boundless Future.. . Your Nation's Air Force 

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D P M  

719-567-4769 

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f x w f -  a a c J G g  

If you fail to consult counsel or to submit statements in your own behalf, your failure will 

6. 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical exanlination. You must report to the Peterson AFB 
Clinic at 1300 hours on 22 September 1999 for the examination. 

8.  Any personal information you fbrnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208, is available for your use in your unit orderly room. 

Attachments: 
1.  Supporting Documents: 

a.  Letter of Reprimand, 29 Mar 99 
b.  Article 15, 15 Apr 99 
c.  Article 15, 17 Sep 99 

2.  Acknowledgment