AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
I FD-01-00072
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
exercise this right.
The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.
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FINDINGS: Upgrade-of discharge is denied.
The applicant’s issues are listed in the attached brief.
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Issue 1. Applicant contends that he was young and immature at the time of his USAF service and should
not be punished indefinitely for his mistakes. Records review revealed that applicant was discharged at
his own request in lieu of trial by court martial. Court Martial charges for conspiring to commit larceny,
consuming alcohol while underage and wrongfully using provoking words were preferred against the
applicant on October 27, 1994 at Robbins Air Force Base. On December 8, 1994, a subsequent charge
of larceny was added to the charge sheet. On January 10, 1995, the applicant wrote to his commander,
stating in part, “I request that I be discharged from the United States Air Force according to AFI 36-
3208, Chapter 4, in lieu of trial by court-martial.. .I understand that if this request is approved I may be
discharged under other than honorable conditions, regardless of your recommendation. I am aware of
the adverse nature of such a discharge and the possible consequences thereof. I know that it may deprive
me of veteran’s benefits .... I have been afforded the opportunity to consult legal counsel.” The Warner-
Robbins Air Logistics Center Commander subsequently granted his request for discharge in lieu of court
proceedings, which could have led to a felony conviction. The Board recognized the applicant was 19
years of age when the discharge took place. However, there is no evidence that he was immature or did
not know right from wrong. The Board opined the applicant was as old as the vast majority of first term
airmen who properly adhere to the Air Force standards of conduct. The Board concluded this issue was
without merit.
Issue 2 applies to post-service activities. The Board recognized the applicant’s efforts to be a good
citizen since his discharge from the service; however, no inequity or impropriety was found which would
justifl an upgrade of the discharge. The Board concluded that the character of discharge was
appropriate due to his misconduct.
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.
Attachment:
Examiner’s Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AMN)
ED-01-00072
MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 95/02/10 -b!? AFI 36-
1.
3208, Chapter 4 (Triable by Court Martial). Appeals for Honorable Disch.
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