AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CAKE NUMBER 

I FD-01-00075 

GENERAL: The applicant appeals for upgrade of discharge to General (under honorable conditions). 
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 . 

FINDINGS: Upgrade of discharge is denied. 
The applicant's issues are listed in the attached brief 

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.  The Board, in a thorough review of records, found that the 
applicant received one Article 15, one Vacation of suspended punishment under Article 15, and three 
Letters of Reprimand for various acts of misconduct (Le., failure to obey lawful orders; making false 
official statements; operating a motor vehicle without a valid license, proper insurance or proper 
registration; wrongfully attempting to purchase alcohol with a false I.D. while under age, etc.).  The 
Board opined that through these administrative actions and non-judicial punishment, the applicant had 
ample opportunities to change his negativekepetitive behavior.  The many offenses of the applicant, 
although appearing minor in nature when analyzed individually, amounted to an overall serious problem 
that could not be tolerated. The Board did recognize that the applicant was 19 years of age when the 
discharge took place; however, after carefbl review it found no evidence that the applicant was immature 
or did not know right from wrong.  The Board opined that the applicant was as old as the vast majority 
of first term members 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 
iustie 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 fill administrative due process. 

[n view of the foregoing findings the Board fbrther concludes that there exists no legal or equitable basis 
For  upgrade of discharge. 

Qttachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

ED-01-00075 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTH Disch fr USAF 93/12/21 UP AFR 
para 5.4933  (Misconduct - Conduct Prejudicial to Good Order and Discipline 
Appeals for General Disch. 

39-10, 

2.  BACKGROUND: 

a. DOB: 74/01/07.  Enlmt Age: 18 4/12.  Disch Age: 19 11/12. Educ:HS  DIPL. 
AFQT: N/A.  A-95,  E-83,  G-98,  M-90. PAFSC: 3N031 -  Public Affairs Apprentice. 
DAS: 93/01/29. 

b.  Prior Sv: AFRes 92/05/22 -  92/09/07 (3 months 16 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 92/09/08 for 4 yrs.  Svd: 1 Yrs 3 Mo 14 Das, all AMs. 

b.  Grade Status:  ab -  93/09/27  (article 15, 93/09/27) 

AMN -  Unknown. 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 93/09/27, Vacation, McConnell AFB, KS - Article 107. 
You, did, o/a 8  Sep 93, with intent to deceive, make 
to Captain ------ , an official statement, to wit:  that 
you hit a tree while riding a friend's  dirt bike and 
injured your knee, which statement was false in that 
you injured your knee while riding your unregistered 
motorcycle which you had previously been ordered not to 
operate until it was properly registered, and was then 
known by you to be so false; and you did, o/a 9 Sep 93, 
with intent to deceive, make to MSgt ------ I  an 
official statement, to wit: that you did not know the 
whereabouts of a ----- EOS camera, property of the 
United States Air Force, which statement was false in 
that you had said camera in your dormitory room, and 
was then known by you to be so  false.  Thirty  ( 3 0 )   days 
restriction, and forfeiture of $100.00 pay per month 
for two  ( 2 )   months.  (Appeal/Denied) (No mitigation) 

(2) 93/11/18, McConnell AFB, KS - Article 134.  You, did, 
o/a 30 Jul 93, wrongfully attempt to purchase a keg of 
beer, while under the age of twenty-one, such conduct 
being of a nature to bring discredit upon the armed 

.- . 

... " 

..  - . .  

~ 

J?DOl-00075 

forces.  You, did, o/a 30 Jul 93, wrongfully represent 
as your own a driver's license not issued to you for 
the purpose of purchasing a keg of beer, such conduct 
being of a nature to bring discredit upon the armed 
forces.  Rdn to AB, forfeiture of $100.00 pay per month 
for two months  (susp till 26 Mar 94), 30 days extra 
duty, and 30 days restriction.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 05 NOV 93 -  Failure to obey a lawful order. 

LOR, 21 OCT 93 - Dereliction of duty. 
LOR, 17 JUN 93 -  Failure to obey a lawful order, operating 
a motor vehicle without a valid license, 
failure to properly register vehicle, and 
making a false statement. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from McConnell AFB) 

h.  Awards &  Decs:  AFTR, NDSM, BMTHGR. 
i.  Stmt of Sv:  TMS:  (1) Yrs  (7) Mos  (0) Das 
TAMS: (1) Yrs  (3) Mos  (14) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 01/02/18. 

(Change Discharge to General) 

Dear Sir, I most respectfully ask for a review of my discharge from the United 
States Air force under Other Than Honorable Conditions. 

Since my discharge almost eight years ago, I have worked very hard to make 
great strides in my personal and professional life since my discharge.  Most 
recently I was employed at the --------- as an Art Director and I now work for 
a  software company in my hometown.  I feel disappointed on an almost daily 
basis that I was not able to contribute my best to the USAF, but I have also 
committed myself to not reproduce the same mistakes that led to my discharge. 

I also respectfully request that several contributing factors be taken into 
account concerning my discharge namely, I always and in full faith executed my 
abilities for my position in the fullest extent.  My problems were not with 
the USAF itself of which I am very proud.  Rather, they were of a personal 
nature, and were the result of immature decisions that I now know were unwise. 

ATCH 
none. 

01/03/13/ia 

D E P A R T M E N T  O F  ':ti€ 

r,;R  F O R C E  

H E A D Q U A R T E R S   E l G t l T H  A I R   F O R C E   ( A C C )  
B A R K S D A L E  AIR  F O R G E  B A S E ,   L O U I S I A N A  

ommendation to Involuntarily Discharge Airman Basi 
384 MSSQ, McConnell Air Force Base 

TO:  8AFKXP 
8 AFKC 
IN TURN 

scharge action has been initiated against Airman Basic 
Squadron, McConnell Air Force Base, for a pattern o 
red an unconditional waiver of his right to an administrative 
r, 384th Bomb Wing, recommends that the waiver be approved, 
e separated with an under other than honorable conditions discharge and that 

he not be offered probation and rehabilitation.  I have reviewed the file and concur with that 
recommendation. 

2.  Authoritv.  Airmen serve in the Regular Air Force for terms specified by Congress (10 USC 
505), but Congress permits early separations under certain specified conditions and also delegates 
to the Secretary of the Air Force authority to specie other such conditions (10 USC 1169). The 
Secretary implemented that delegation at AFR 39-10, which governs this case.  The Commander, 
Eighth Air Force, must personally act on misconduct cases in which separation under other than 
honorable conditions is appropriate. This is such a case. 

3.  Basis for Discharge.  A pattern of misconduct, specifically conduct prejudicial to good order 
and discipline, is cause for discharge under AFR 39-10, paragraph 5-47@).  You must decide 
whether the allegations are supported in fact, and, if so,  whether they support discharge.  Airman 
been in the Air Force for only a year and four months.  In that short period of time, he 

-has 

has accumulated an impressive record of misconduct.  His transgressions include: 

a.  On 8 September 1993 making a false official statement to an officer by lying about how he 
suffered an injury to cover up the fact that he was riding an unregistered motorcycle he had earlier 
been ordered not to ride.  Riding the motorcycle in the first place was also cited as a basis for 
discharge. (Vacation of Suspended Art  15 Punishment) 

b.  On  15 October 1993 failing to complete an assignment as ordered and sleeping in instead. 

(LOR) 

c.  On 30 July 1993 attempting to buy beer when underage and representing his brother's 

driver's license as his own to facilitate doing so.  He intended to supply beer to other underage 
airmen in the dormitory. (Art 15) 

d. 

On 25 May  1993 riding an unregistered, uninsured motorcycle on base and failing 

to obey an order to exit the base and not return riding the motorcycle. 

In this pattern of misconduct, Airma 
orders of his superiors, for the law and for the truth.  His conduct supports discharge. 

emonstrated a complete lack of regard for the 

Matters Submitted bv the Respondent.  On 1 December 1993 Airma 
4. 
unconditional waiver of his right to an administrative discharge board.  He s 
matters on his behalf. 

an 
er 

Errors and Irregularities.  There are no errors in the file substantively prejudicial to the 

5 .  
respondent. 

Characterization.  You must decide what characterization of service is appropriate if 

6. 
discharge is directed.  The unit and wing commanders have recommended an under other than 
honorable conditions discharge.  Usually, discharges for a pattern of misconduct under paragraph 
5-47 should be characterized as under other than honorable conditions.  There is nothing in this 
case which warrants departure from this standard.  A general discharge may be appropriate when 
the airman's service has been honest and faithfbl.  Airma 
as been neither.  He ignored 
the orders of his superior officers and did not hesitate to lie when it met his purposes.  His 
contempt for them and the Air Force earned him an under other than honorable conditions 
characterization. 

7. 
Probation and Rehabilitation.  Secretarial policies require the separation authority to 
consider whether discharge should be suspended for a probationary period for rehabilitation. 
AFR 39-10, paragraph 7-3, provides that probation should be possible for airmen who have the 
capacity to be rehabilitated for continued military service or for completion of the current 
enlistment and returned to civilian life without th 
rehabilitation is inappropriate in this case.  Airm 
behavior and chose not to avail himself of them. 

ischarge for cause.  Probation and 
s provided chances to amend his 

8. 

Options.  You may: 
a. -  Direct that Airm-be 

retained in the Air Force. 

b. 

disposition. 

Disapprove the offered waiver and return the case for a hearing or other 

C. 

Accept the offered waiver and direct that Airma 

e discharged with an 
honorable, general or under other than honorable conditions discharge characterization, with or 
without suspension of the discharge for a probationary period of rehabilitation. 

Recommendation.  I recommend that you approve the offered waiver and direct that 

9. 
Airma- be separated from the United States Air Force with an under other than honorable 
conditions discharge and that discharge not be suspended for a probationary period of 

rehabilitation. Execution of the discharge should be withheld until evidence is included in the file 
that competent medical authority has determined Aim 

o be fit for separation.  If you 

cting such a recommendation is at Tab 1. 

Assistant Staff Judge Advocate 

- _-_ 

I concur. 

F 

FROM: 

384  BW/JA 

SUBJ: 

Involuntary  Discharge  - 

"0:  384  BW/CC 

1.  FACTS  AND  CIRCUMSTANCES.  On  29  Nov 93, 
384th  Mission  Support  Squadron, 
recommend 
discharged  from  the  Un 
f o r  a pattern  of  m 
i n  
the  milita 
characterized  as 
any  further  rehabilitative  e f f o r t s   i n  t h i s  case. 
2.  EVIDENCE: 

s A i r  Force  pursu 

honorable  conditio 

< 

7  D e c   93 

commander  of  the 
be 
involuntarily 
9-10,  para  5-4713, 
and  discipline 
$&vice  be 
ended  against 

a.  Evidence 
since  8 Sep  92. 
involved  i n  one  incident  of  misconduct  a f t e r  another. 

f o r   the Government. 
I n  t h a t   short per 
4 - -   - 

as  only  been  i n  the  A i r  Force 
,  he  has  consistently been 

a f t e r   discovering 

(1)  On  25  Nay  93, 

motorcycle  without  a  license  o r  insurance, 
respondent 
returning  it t o  base. 
a 
A s   a  r e s u l t   of  t h i s  misconduct, 
which  was  placed  i n   an  unfavorable  information  f i l e .  

false statement concerning  h i s  f a i l u r e  

t h a t  he  was  operating  h i s  
the  security police  ordered  the 
insure  h i s  motorcycle  p r i o r   t o  
but  a l s o  made 
t o  accomplish  these  required  tasks. 
the  respondent  received  a  l e t t e r  of  reprimand 

Not  only  did  he  f a i l  t o  do  these  things, 

t o  properly  register, 

license  and 

t o  a 
t o   purchase  a  keg  o 
license.  Subsequent  w 

( 2 )  On  30 J u l  93,  the  respondent  collected money  from  unknown  friends 
liquor  store,  he 
e r   using  h i s   brother's  old 
the  Security 
indicated 
the  respondent  has  consumed  alcohol  and  purchased 
f o r  other underage  airmen  on  multiple  occasions.  For  t h i s  offense, 

i n   the  dormitory  and  went 
attempted 
driver's 
Police 
alcohol 
the  respondent  received  nonjudicial  punishment. 

tore.  A t  the 

conducted  by 

t h a t  

(3)  On  15 O c t  93, 

the  squadron  first sergeant  gave  the  respondent  the 
assignment  of  stuffing envelopes with  questionnaires  and  them  delivering  them 
t o  the  Family  Support  Center.  This was  an  additional  duty  imposed  as  a  r e s u l t  
t h i s  duty as 
of  h i s  previous nonjudicial  punishment. 
A s   a  result 
ordered, 
of  t h i s  misconduct,  t h e   respondent  received  another  letter of  reprimand. 

Instead  of  performing 
the  respondent  was  found  sleeping  i n  h i s   room  a t  0900. 

action 

( 4 )   Finally, 
f o r  t h e   same offense, 

on  o r   about  8  Sep  93,  despite  previous  disciplinary 
the  respondent  once  again  violated  an  order  as 
ithout -a  propeg m n s e  , 
n t  received  a  l e t t e r  of 
the  respondent  was  involved  i n  an  accident on 
t h i s   occasion.  When  asked  how  he  became  injured,  he  made  a  f a l s e   o f f i c i a l  
t h a t  he  h i t  a  tree  while  riding  a  friend's  d i r t  bike.  Following 
statement 
t o   Airman  Basic  was 
t h i s   offense, 
the  rank  of  A i r m a n   Basic,  which 
vacated, 
action w a s   included  i n  the  respondent's  unfavorable  information  f i l e .  

is  rnotorcycl 
is,  the  res 

suspended  reduction 

the  respondent  t o  

thus  reducing 

respondent's 

the 

b. 

aived  his right  to submit 
Evidence for  the Respondent. 
ever,  he  did  submit  an 
written  matters  f o r   your  conside 
unconditional  waiver  of  his  right to  an  administrative  discharge board. 

3.  DISCUSSION : 

a.  According to AFR 39-10,  para 6-2b(2),  airmen are also entitled to an 
administrative  discharge board if their  commander recommends they receive an 
under  other than  honorable conditions  discharge.  However,  that  right may 
be  waived conditionally or unconditionally.  In  this case,  as stated above, 
the  respondent  submitted  an  unconditional  waiver  of  this  right.  In 
other  words,  the  respondent  has  waived  this  right  regardless  of  the 
characterization of discharge recommended. 

b.  AFR  39-10,  para  5-45a.  states  that  under  normal  conditions, 
than 
such as this  one,  should 
discharges  under para 5-47, 
has 
honorable  conditions.  The  commander  in  this  case, 
recommended  an under  other than honorable  conditions di 
9-10, 
para 1-18c, states that an under other than honorable conditions discharge may 
be  appropriate  "when the  reason for  separation  is based  on a  pattern of 
behavior ... that  constitutes a significant departure from the conduct expected 
of  airmen."  The respondent's conduct in this case clearly falls within these 
requirements.  His  behavior since entering  the Air Force  fails to even come 
close to the level of conduct we expect from airmen. 

4.  OPINION  AND  RE-NDATION. 
factually  and legally sufficient to support 
AB  .Illllilr be involuntarily discharged  from 
than  honorable  conditions  discharge.  Therefore,  I believe 
recommend  to the separation  authority,  8 AF/CC,  that  he accept 
unconditional  waiver  request  and  separate him  with  an  under  other than 

e evidence in the file is 
recommendation that 
with an under other 

In my opinion 

1' 

- -  

DEPARTMENT  OF  TIE  AIR  FORCE 

WXIQlJARTERS 384TH BOMB WING  (ACC:) 
AIR 1;ORcE. BASE, KANSAS 
-1. 

FROM:  MSSQ/CC: 

SUBJ: Notification Letter--Board Hearing 

2  9  NOV  1993 

ecommending your discharge from the United States Air Force for 
of Misconduct-Conduct Prejudicial to Good Order and Discipline 
according to AFR 39-10,  under the provisions of para 5-47b.  Copies of  the 
documents to be forwarded to the separation authority to support this 
recommendation are attached. 

2 .   My reasons for this action are: 

n or about 8  Sep 93,  make a false official statement to Capt 
telling  him that you hit a  tree while riding a friend’s 
red your knee, which statement was false in that you injured 

your knee while riding your unregistered motorcycle which you had previously 
been ordered not  to operate until i t  was properly registered, as evidenced by 
an AF  Form 366,  Record of Proceedings of Vacation of Suspended Nonjudicial 
Punishment, 19  Nov  93  and an AF Form 1058, Unfavorable Information File 
Action, 15 Nov 93. 

b.  You did, on or about 8  Sep 93,  fail to obey a lawful order given to 
not to ride your motorcycle until i t  was properly 
d a valid driver’s license, as evidenced by  a Letter 

of Reprimand, 5  Nov 93. 

c.  You did, on or about 15 Oct 93,  fail to take questionnaires to the 

Family Support Center and instead were found sleeping in your room, as 
evidenced by a Letter of Reprimand, 21  Oct 93. 

d.  You did, on or about  30  Jul 9 3 ,   wrongfully attempt  to purchase a keg 
of beer, while under the age of 21,  as evidenced by an AF Form 3070,  Record of 
Nonjudicial Punishment Proceedings, 4  Oct 93  and an AF Form 1058, 26  Oct 93. 

e.  You did, on or about 30  Jul 93,  wrongfully represent as your own a 

-  beer, as evidenced by an AF Form 3070,  4  Oct 93  and an AF Form 1058, 26 Oct 

-  driver’s license not issued to you for the purpose of purchasing a keg QJ- 

93. 

f.  You did, on or about 25  May 93,  fail to obey a lawful order to exit 
the base and not return riding your motorcycle without proper credentials, as 
evidenced by a Letter of Reprimand, 17 Jun 93  and an AF Form 1058, 25  Jun 93. 

g .   You  did, on or about 25  May 93.  operate a motor vehicle without a 

valid  license or proper insurance, failed to properly register your vehicle 
and made a false official statement. as evidenced by a Letter of Reprimand, 17 
Jun 93  and an AF Form 1058, 25 Jun 93. 

3 .   This  action could result in your separation with an under other than 
honorable conditions discharge.  I  am recommending that you receive an under 
other than honorable conditions discharge.  The commander exercising SPCM 
jurisdiction or a higher authority will make the final decision in this 
matter.  I f   you are discharged, you will be  ineligible for reenlistment in the 
Air Force.  - 

4.  You have the right  to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c .   Be represented by  legal counsel at a board hearing. 

d.  Submit statements in your own  behalf in addition to, or in lieu of, 

the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making 

a decision to waive any of your rights. 

5 .   You have been scheduled for two mandatory medical examinations at  the 
384th Medical Group.  You are to report to the Physical Exams Section at  0715 
on 1 Dec 93 and Primary Care at  1500 on 3  Dec 93.  Bring your records to both 
appointments.  If you wear glasses, bring them with you.  I f   you wear 
contacts, have them out 12 hours prior  to both appointments. 

Defense Counsel. Bldg 328, 

6.  Military legal counsel, Capt-Area 
ext 4375, has been obtained to assist you.  An  a pointrnent has been scheduled 
for you to consult her on  1  h C .  
appointed counsel, you may have another, if the lawyer you request is in the 
active military service and is reasonably available as determined according to 
AFR 111-1.  In addition to military counsel, you have the right to employ 
civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel. if employed, must be 
readily available. 

.  Instead of the 

at 

- 

7.  Confer with your counsel and reply, in writing, within 7 workdays, 
specifying the-rights you choose to exercise.  The statement nwst be si& 

-  the presence o m o u r  counsel who also will sign it. 

I f   you waive your right 
to a hearing before an administrative discharge board, you ray submit written 
statements in your own behalf.  I will send the statements t o   the discharge 
authority with the case file to be considered with this recommendation.  If 
you fail to respond, your failure will constitute a waiver of the right to the 
board hearing . 

in 

8.  Any personal information you furnish in rebuttal i s   covered By  the Privacy 
Act  Statement as  explained in AFR 39-10,  attachment 2 .   A  copy of  AFR  39-1.0 
i s  
available for your  use in yoiir orderly room. 

9 .   Execute the attached acknowledgment and return i t   to  me immediately. 

Commander 

* 

9  Atch 
1 .   AF Form 366,  19  Nov 93 
2.  AF  Form 1058.  15  Nov 93 
3 .   LOR,  5  Nov  93 
4 .   LOR, 21  Oct 93 
5 .   AF  Form 3070. 4  Oct 93 
6 .   AF  Form 1058.  26  Oct  93 
7.  LOR,  17  Jun  93 
8 .   AF Form 1058.  25  Jun 93 
9 .   Receipt of Notification Ltr