AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

~~ 

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

I FD-01-00069 

CASE NUMBER 

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 DRI3 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 identify none.  The records indicated the 
applicant received two Article 15s for misconduct.  The misconduct failing to go to his appointed place of 
duty  at  the  time  prescribed,  and  absenting himself  from  his  place  of  duty  for  three  days.  The  DRB 
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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

‘> 

(Former AB) 

FD-01-00069 

- 

- 

1 .   MATTER  UNDER  REVIEW: 
para 5.50.2  (Pattern of Misconduct -  Conduct Prejudicial t o  Good Order and 
Discipline).  Appeals for Honorable Disch. 

Appl rec’d a GEN Disch fr USAF 00/08/03 UP%FI  36-3208, 

2 .   BACKGROUND: 

a. DOB: 80/10/30.  Enlmt Age:  18 9/12.  Disch Age: 19 9/12. Educ:HS DIPL. 

AFQT: N/A.  A-65,  E-67,  G-42,  M-78. PAFSC: 2A733 - Aircraft Structural 
Maintenance Specialist. DAS: 00/02/21. 

b ,   Prior Sv: AFRes 99/07/30 -  99/08/24 (25 days)(Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enld as AB 99/08/25 for 6 yrs.  Svd: 0  Yrs 11 Mo 9 Das, of which AMs  is 

0 Yrs 11 Mos 6 Days  (exludes 3 days lost time). 

b.  Grade Status:  AB -  00/07/17 (Article 15, 00/07/17) 
AMN -  00/06/30 (Article 15, 00/06/30) 
A1C -  Unknown. 

c.  Time Lost:  00/06/19-00/06/21 (3 days). 

d.  Art 15’s:  (1) 00/07/17, Shaw AFB, SC -  Article 86.  You did, o/a 10 

Jul 00, w/o authority, fail to go  at the time prescribed 
to your appointed place of duty.  Rdn to AB. 
(No appeal) (No mitigation) 

( 2 )   0 0 / 0 6 / 3 0 ,   Shaw AFB, SC - Article 86.  You did, o/a 19 
Jun 00, w/o authority, absent yourself from your place 
of duty at which you were required to be, and remain so 
absent until you turned yourself in o/a 22 Jun 00. 
Rdn to Amn,  and  30 days restriction.  (No appeal) 
(No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g .   Record of SV: none. 

(Discharged from Shaw AFB) 

h.  Awards c  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (0) Mos  (1) Das 
( 0 )   Y r s   (11) Mos  (6) Das 

TAMS: 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293)  dtd 01/02/ 22. 

(Change Discharge to Honorable) 

NO ISSUES SUBMIITED. 

ATCH 
none. 

FDO1-00069 

0 1 / 0 3 / 0 7 / i a  

- 

IEPARTMENT OF THE AIR 
20th FIGHTER WING (ACC) 

ACE 

SHAW AIR FORCE BASE, SOUTH CAROLINA 

FW,/+ c ; " o c s ) ~  3'- 

-- 
- 
-  c- 

MEMORANDUM FOR 20 FWKC 

FROM:  20 FWIJA 

504 Shaw Drive 
Shaw AFB SC 29152-5029 

SUBJECT:  Legal Review of AFI 36-3208 Action - 

- 

1.  Basis for Action:  The Commander, 20th Equipment Maintenance Squadron, has recommended that 
be separated from the service with a general discharge for a pattern of misconduct - conduct 
AB- 
prejudicial to the maintenance of good order and discipline, pursuant to AFPD 36-32 and AFI 36-3208, 
chapter 5, section H, paragraph 5.50.2.  The Respondent is being processed according to the notification 
procedure. 
2.  Facts: The file reflects that the Respondent has been involved in the following incidents of 
misconduct: 

a.  On or about 19 Jun 00, the Respondent absented himself from his appointed place of duty and 

remained absent until 22 Jun 00.  For this misconduct, he received an Article 15 nonjudicial punishment 
action, dated 30 Jun 00.  Punishment consisted of reduction to the grade of airman and 30 days restriction 
to Shaw AFB, SC. 

b.  On or about 10 Jul 00, the Respondent failed to go to his appointed place of duty at the prescribed 

time.  For this misconduct, he received an Article 15 nonjudicial punishment action, dated 17 Jul 00. 
Punishment consisted of reduction to the grade of airman basic. 

3.  Respondent's Submission:  The Respondent consulted with military counsel and elected not to submit 
a written statement for your consideration.  The waiver is attached at Tab 4. 

4.  Errors and Irregularities:  This file contains no errors or irregularities. 

5.  Conclusions and Recommendations: 

a.  Subject to inclusion of the report of physical examination, this file is legally sufficient to support a 
discharge, pursuant to AFPD 36-32 and AFI 36-3208, chapter 5, section H, paragraph 5.50.2. In his short 
Air Force career, the Respondent has continuously failed to meet the standards of conduct required of all 
airmen.  This pattern of misconduct over a short period of time is the basis for discharge. 

b.  The Respondent could receive either an honorable or a general discharge. The unit commander 
recommends that the Respondent receive a general discharge. I concur with this recommendation.  A 
general service characterization is appropriate when the negative aspects of a member's  service outweigh 
the positive.  In this case, the Respondent's refusal to comply with Air Force standards has resulted in two 
Article I5 nonjudicial punishment actions.  Additionally, both Article 15 nonjudicial punishment actions 
were a result of the Respondent's  failure to go.  As indicated in the Squadron Commander's 
recommendation, AB 
as indicated a willingness to continue to engage in misconduct until he is 
discharged.  Nothing in his records support retaining him given that attitude.  His actions and attitude 
have disrupted good order and discipline within the unit.  The negative aspects of the Respondent's 

- 

G l o b a l   P o w e r   F o r   America 

_ .  

_- 

 

.

-

overall servic-  I 
general service characterization. 

arly outweigh the pa  itive  spect 

f his  cord.  Thus, h 

should be separated wjth a 

-a 

c.  The commander does not recommend Probation and Rehabilitation (P&R).  I concur.  Pursuant to 
AFI 36-3208, paragraph 7.3, P&R may be offered where there seems to be a reasonable expectation of 
rehabilitation.  P&R may be offered to those airmen who have demonstrated a potential to serve 
satisfactorily, who have the capacity ta be rehabilitated for continued service, or whose retention is 
consistent with the Air Force’s interest of maintaining good order and discipline.  The Respondent has 
failed to demonstrate that he has the capacity or the will to serve satisfactorily.  He is not a good 
candidate for P & R. 

- 

d.  As the Spe&l  Court-Martial Convening Authority in this caie, you have the following2ptions: 

-

-

 

(1)  Retain the Respondent in the Air Force; 

(2)  Direct the Respondent be discharged with a general discharge, with or without P&R; 

(3)  Recommend the Respondent be separated with an honorable discharge, with or without P&R, 

and forward this case to the General Court-Martial Convening Authority (9 AFKC) for his action; or, 

(4)  Direct this case be reinitiated pursuant to the board hearing procedures of AFI 36-3208, 

chapter 6, section C, if you feel a discharge under other than honorable conditions is warranted. 

6.  Recommendations: I recommend you separate the Respondent with a general discharge, without P&R. 

Attachment: 
Case File 

Deputy Staff Judge Advoca 

- 

DEPARTMENT OF THE AIP 
20th FIGHTER WING (ACC) 

SHAW AIR FORCE BASE, SOUTH CAROLINA 

F D ~ / -  OOCI G;  7 

IRCE 

- 
- 

& 

MEMORANDUM FOR A 

FROM:  20 EMS/CC 

6 12 Lance Ave. 
Shaw AFB, SC 29 152 

-  SUBJECT:  NotiGation Memorandum 

- 

% 

1.  I  am recommending your discharge from the United States Air Force for a pattern of misconduct - 
conduct prejudicial to good order and discipline.  The authority for this action is AFPD 36-32 and AFI 
36-3208, chapter 5, section H, paragraph 5.50.2. If my recommendation is approved, your service will be 
characterized as either honorable or general.  I am recommending that your service be characterized as 
general. 
2.  My reasons for this action are: 

a.  On  I9 Jun 00, without authority, you absented yourself from your place of duty and remained 

absent until 22 Jun 00.  For this misconduct, you received an Article 15 nonjudicial punishment action, 
dated 30 Jun 00.  Punishment consisted of reduction to the grade of airman and 30 days restriction to 
Shaw AFB, SC. 

b.  On  IO Jul 00, without authority, you failed to go to your appointed place of duty at the time 

prescribed.  For this misconduct, you received an Article 15 nonjudicial punishment action, dated 17 Jul 
00.  Punishment consisted of reduction to the grade of airman basic. 

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 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. 

Jul 00, at loo0 hours.  You may consult civilian counsel at your own expense. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I  have 
Area Defense Counsel, 895-9530, on 
made an appointment for you to consult Capt 
A \ 
5. You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me within three days after receipt of the notification memorandum, 
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 must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, on a\ Jul 
00. at 1445 hours for a medical examination. 

- 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A cop;-&- 
AFI 36-3208 is available for your use in the orderly room. 

9.  The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies 
which you received, if any, if you separate before completing the period of active duty you agreed to 
serve.  This recoupment applies whether you voluntarily separate or are involuntarily separated. 
Recoupment will apply regardless of the basis for involuntary discharge if the reason is not homosexua 
conduct.  The recoupment in all cases is an amount that bears the same ratio to the total cost provided to 
you as the unserve&portion of active duty bears to the total period of active duty you agreedt6 serve.  If 
you dispute that you are indebted for educational assistance, a board or other authority will make findings 
and recommendations concerning the validity of the indebtedness. 

-- 

10. * Execute the attached acknowledgment and return it to me immediately. 

- 

- 

Commander 

Attachments: 
I .   AF Form 3070,30 Jun 00 
2.  AF Form 3070,17 Jul 00 
3.  Receipt of Notification