AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-01-00077 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRl3) 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 justify a change of discharge. 

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

Issue  1.  Applicant contends that he  should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 20 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older than 
the vast majority  of first-term members who properly  adhere to the Air  Force's  standards of conduct.  The 
records indicated the applicant received two Article 15s and a Vacation of Suspended Non-Judicial Punishment 
for  willfully  failing to  refrain  from  consuming  alcoholic  beverages while  underage  and  overindulgence in 
intoxicating liquor.  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 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, no inequity or impropriety in his discharge was found in the course of 
the  hearing.  The Board concluded the misconduct  of the  applicant appropriately  characterized his  term  of 
service. 

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 

ED-01-00077 

(Former AB) MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 98/08/18 UP AFI 36- 
3208, para 5.50.2  (Pattern of Misconduct).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 77/10/18.  Enlmt Age: 19 5/12.  Disch Age: 20 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-87,  E-53,  G-48,  M-60. PAFSC: 3P031 -  Security Forces 
Apprentice. DAS: 98/02/21. 

b.  Prior Sv: AFRes 97/03/21 -  97/09/30 (6 months 10 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 97/10/01 for 4 yrs.  Svd: 0  Yrs 10 Mo 18 Das, all AMs. 
b.  Grade Status:  AB -  98/07/14 (Article 15, 98/07/14) 
AMN -  98/06/12 (Article 15, 98/06/12) 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 98/07/14, F.E. Warren AFB, WY  -  Article 92.  You, who 
knew of your duties, o/a 20 Jun 98, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while underage, as it was your duty to do.  Rdn to AB, 
and 30 days extra duty.  (No appeal) (No mitigation) 
(2) 98/07/14, Vacation, F . E .   Warren AFB, WY - Article 92. 

You, who knew of your duties, o/a 20 Jun 98, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages, while underage, as it was your duty to do. 
Forfeiture of $463.00 pay per month for 2  months. 
(No appeal) (No mitigation) 

(3) 98/06/12, F.E. Warren AFB, WY -  Article 92.  You, who 
knew of your duties, o/a 30 May 98, were derelict in 
performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while underage, as it was your duty to do.  Article 
134.  You, were, o/a 30 May 98, as a result of wrongful 
previous overindulgence in intoxicating liquor 
incapacitated for the proper performance of your 
duties.  Article 134.  You, did, o/a 1 Jun 98, 
wrongfully possess an official identification card for 

the state of -------- , you, the said -------, then well 
knowing the same to be unauthorized.  Rdn to Amn, 
forfeiture of $519.00 pay per month for 2 months  (susp 
till 11 Dec 98), and 15 days extra duty.  (No appeal) 
(No mitigation) 

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ED0 1-000 7 7 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from F.E. Warren AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (1) Yrs  (4) Mos  (28) Das 
TAMS:  (0) Yrs  (10) Mos  (18) Das 

4 .   BASIS ADVAElCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 01/01/25. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting that my discharge from the United States Air 

Force be upgraded from General (Under Honorable Conditions) to the status of 
Honorable. 

Enclosed are letters attesting to the fact that I have matured as an adult and 
have demonstrated responsibility in my personal and occupational affairs. 

I am presently applying for the position of Police Officer in several -------- 
cities and feel that an upgrade of my discharge might attest to the maturing 
of my character. 
I have been employed as a member of the Public Safety Department of ------ 
University since January of 1999 and have a -------- State Pistol and Revolver 
Permit since January 5, 2000. 

While I did not realize the significance of my actions while a member of the 
United States Air Force, which I must attribute to immaturity, I now feel that 
my civilian activity have demonstrated my ability to be a responsible member 
of society. 

I respectfully request your consideration of this submission and that final 
disposition will result in the upgrading of my discharge to Honorable 
Conditions. 

ATCH 
1. Three Character References. 
2. Basic Certification. 
3 .   Driver's License. 
4.  Two DD Forms 214. 
5. VA- Cover Letter. 

01/03/12/ia 

DEPARTMENT OF THE AIR FORCE 

90TH SPACE WING (AFSPC) 

MEMORANDUM FOR CC& 

FROM:  JA 

SUBJECT:  Legal Op 

14  AUG  1998 

-3208, 

dministrative discharge action was initiated on 4 Aug 98 against 
under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 
ct).  The sauadron commander recommends setmation with a 

general discharge.  He does notlrecommind probation and rehabilitation: A&m-is 
not entitled to a board hearing.  He has consulted with counsel and submitted a statement on 
his behalf. 

ord shows a pattern of disciplinary problems that violate the 

2.  FACTS:  Ai 
UCMJ.  His rnisc 
underage, intox 
for the state of Colorado.  Rehabilitative efforts include two Article 1 5s,  one with vacation of 
suspended punishment, and an Unfavorable Information File (UIF).  For more details, see 
Notification Memorandum dated 4 Aug 98. 

e failures to refrain from consuming alcohol while 
and wrongful possession of an official identification card 

3.  PERSONALDATA:  Airm 
1 Oct 97.  His duty title is Do 
base in a dormitory. 

4.  REGULATORY GUIDANCE: 

s 20 years old and has served on active duty since 
sistant, DAFSC 9D000.  He is single and lives on 

a.  An airman may be subject to discharge based on a pattern of misconduct that consists 

wholly or in paqt of misconduct more serious than that considered under paragraph 5.49 (minor 
disciplinary infractions).  A pattern of misconduct includes conduct of a nature that tends to 
disrupt order, discipline, or morale within the military community. 

b.  The Air Force concept of probation and rehabilitation (P&R) is to give the member a 

chance to show that he or she is able to meet Air Force standards.  The separation authority may 
offer P&R in any case where there seems to be a reasonable expectation of rehabilitation.  The 
initiating commander and separation authorities must consider P&R if the reason for discharge is 
misconduct (AFI 36-3208, paragraph 7.2 and 7.4). 

5.  FOR THE RESPONDENT: 

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is entitled to wear the Air Force Training Ribbon. 

was served notice of this action on 4 Aug 98.  He acknowledged receipt, 
, and submitted a statement on his behalf on 6 Aug 98.  In his response, 

mits he has an alcohol problem and has no excuses for his misconduct.  He 
nsider retaining him in the military, and to consider all the incidents were alcohol 

GUARDIANS OF THE  HIGH FRONTIER 

related.  He said, ‘‘I am willing to enter an alcohol rehabilitation program and would agree that 
any further drinking related issues would result in my discharge from the Air Force.”  He also 
requests that his service be characterized as honorable. 

6.  FOR THE GOVERNMENT: 

a.  A pattern of criminal misconduct is contrary to the self-discipline required for effective 

military service.  Law enforcement personnel have twice apprehended him for underage 
drinking, at which time he blew a .3 and .2 on the intoximeter test.  He was also unable to 
perform his duties due to his incapacitated state, which impaired mission effectiveness. 

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isconduct demonstrates he is not fit for military service.  A general 
en the negative aspects of an airm 
An honorable discharge is reserved for airmen whose service 
standards of acceptable conduct and performance of duty.  Ai 
the latter characterization inappropriate. The squadron comman 
rehabilitation are not appropriate under these circumstances because 
responded to previous opportunities to bring his conduct within Air Force standards.  We concur. 

conductmakes 

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7.  OPTIONS:  As the separation authority in this case you may: 

a.  Retain -on 

active duty; or 

b.  Recommend reinitiation of this action if you believe an under other than honorable 

conditions discharge is warranted and refer this case to a board of officers; or 

c.  Recommend an honorable discharge with or without probation and rehabilitation and 

forward this package to 20 AFKC for approval; or 

d.  Discharge -with 

rehabilitation. 

a general discharge with or without probation and 

8.  CONCLUSION AND RECOMMEN 

and the record is legally su 
sconduct.  We concur with 
with a general discharge w 
you may contact the unde 

extension 2256. 

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,  . 

r p r s L  

Attachment : 
Discharge package w/six tabs 

DEPARTMENT OF THE AIR  FORCE 

90TH SPACE WING (AFSPC) 

MEMORANDUM FOR AB 
FROM:  790 SFS/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, paragraph 5.50.2.  If 
my recommendation is approved, your service could be characterized as honorable, general, or 
under other than honorable conditions.  I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming on or about 
20 June 1998, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received an Article 15 on 14 Jul98 and it was placed in you existing Unfavorable 
Information File (UIF). 

b. You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming on or about 

20 June 1998, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received a vacation of suspended nonjudicial punishment on 14 Jul98. 

c. You, who knew of your duties at Francis E. Warren Air Force Base, Wyoming on or about 
30 May 1998, were derelict in the performance of those duties in that you willfully failed to 
refrain from consuming alcoholic beverages while underage, as it was your duty to do.  For this 
conduct, you received an Article 15 on 12 June 98 and had a UIF established. 

d.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or about 30 May 
1998, as a result of wrongful previous overindulgence in intoxicating liquor incapacitated for the 
proper performance of your duties. For this conduct you received an Article 15 and had a UIF 
established. 

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e.  You d i .  at or near Francis E. Warren Air Force Base, Wyoming, on or aboutj J g e  1998, 
wrongfully posseSs an official identification card for the state of Connecticut, then well knowing 
the same to be unauthorized.  For this conduct you received an Article 15 and had 
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”’ establishc-- 
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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. 

GUARDIANS OF THE  HIGH FRONTIER 

. . .  .  . . . , 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with an attorney at the Area Defense Counsel’s 
Office, Bldg. 292, ext. 3248, on  V A ~ I  c/k 
civilian counsel at your own expense. 1 

. Youmayconsult 

at 

/JLwAY+~ 

5.  You have the right to submit a statement on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of the 
, unless you request and receive an extension for 
notification letter, that date being  7A.  Y 
good cause shown.  I will send any 
consideration. 

sta ements you submit to the separation authority for his 

+ 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in your squadron orderly room. 
8.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1. AF Form 3070 w/Atchs, dated 14 Jul98 
2.  AF Form 366 w/Atch, dated 14 Ju1‘98 
3.  AF Form 3070 w/Atchs, dated 12 Jun 98 

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