AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

LASE. NUMHLK 

FDOl-00078 

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 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. 

Issues 1.  The applicant stated that he did not receive a copy ob the notification memorandum of discharge 
with a list of his disciplinary actions.  The board found that there is a copy of this memorandum in the 
record with the applicant's signature and date of 12 June 2000 attesting to receiving both notification of 
discharge and a copy of the memorandum.  The Board therefore did not substantiate this issue of 
impropriety. The board further found that the member's significant and repetitious misconduct warranted a 
characterization of the discharge as general. 

The Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of 
discharge. 

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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

E'D-01-00078 

(Former AB) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/07/11 UP AFI 36- 
3208, para 5.50.2  (Patter of Misconduct).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 79/01/21.  Enlmt Age:  19 8/12.  Disch Age: 21 5/12. Educ:HS DIPL. 

AFQT: N/A.  A-56,  E-49,  G-48,  M-54. PAFSC: 3P031 -  Security Forces 
Apprentice. DAS:  99/07/08. 

b.  Prior Sv: AFRes 98/10/20 -  99/01/12 (2 months 23 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enld as AB 99/01/13 for 4 yrs.  Svd: 1 Yrs 5 M o   29 Das, all AMs. 
b.  Grade Status:  AB -  00/02/24 (Article 15, Vacation, 0 0 / 0 6 / 0 6 )  

AMN -  (Unknown) 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 00/02/24, Whiteman AFB, MO  -  Article 91.  You, o/a 20 
May 00, were disrespectful in language towards SSgt 
------- , a non-commissioned officer, then known by you 
to be a superior non-commissioned officer who was then 
in execution of his office, by saying to him "let's 
step over here and take off our shirts" and "how many 
stripes do you have?" or words to that effect.  Rdn to 
AB.  (No appeal)  (No mitigation) 

(2) 0 0 / 0 6 / 0 6 ,   Whiteman AFB, MO -  Article 92.  You, who knew 

of your duties, o/a 8 Feb 00, were derelict in the 
performance of those duties in that you willfully 
failed to refrain from consuming alchohol during the 8 
hours prior to reporting for duty, as it was your duty 
to do.  Rdn to AB  ( s u s p   till 22 Aug 00), forfeiture of 
$100.00 pay per month for 2 months, and 15 days extra 
duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 17 ,DEC 99 - Late for duty. 

LOC, 15 OCT 99 - Reporting for duty w / o   study materials. 
LOR, 15 OCT 99 -  Late for duty. 

f.  CM:  none. 

g.  Record of SV: none. 

E'DO1-00078 

(Discharged from Whiteman AFB) 

h.  Awards ti  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  ( 8 )   Mos  (22) Das 
TAMS:  (1) Yrs  (5) Mos  (29) Das 

- _ _  

4 .   BASIS ADVANCED  FOR  REVIEW:  A p p l n   (DD E'm  293) dtd 01/03/13/ia. 

(Change Discharge to Honorable) 

Issue 1:  I never recieved  (sic) back the Notification Memorandom  (sic), 

which was attached to DD Form 149.  That memorandom (sic) listed the 
disciplinary actions taken against me. 

ATCH 
none. 

01/03/22/ia 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS, 509TH BOMB WING (ACC) 
WHITEMAN AIR FORCE BASE, MISSOURI 

MEMORANDUM FOR 

FROM: 

27 Jun 00 

I- 

e Discharge 

*- 

1.  BASIS OF ACTION:  The respondent’s squadron commander initiated discharge-action 
under AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, for a pattern of misconduct.  He 
recommends an under honorable conditions (general) discharge without probation and 
rehabilitation. 

- 

2.  EVIDENCE FOR THE GOVERNMENT: The record contains sufficient evidence to 
substantiate discharge under paragraph 5.50.2.  Specific instances of the respondent’s pattern of 
misconduct include: 

a.  On 20 May 00, he disrespected 

over here and take off our shirts” and “how many stripes do you have?” 

y saying to him “let’s step 

b.  On 8 Feb 00, he drank alcohol less than eight hours prior to duty in violation of 

regulations. 

c.  On 15 Dec 99, he reported late for duty. 

d.  On 14 Oct 99, he reported for duty without his study materials. 

e.  On 15 Oct 99, he reported late for duty.  . 

3.  EVIDENCE FOR THE RESPONDENT: 
counsel and elected not to submit matters on hi 
13 Jan 99.  He is entitled to wear the Air Force Training Ribbon. 

He has consulted 
the Air Force on 

4.  DISCUSSION: 
Despite efforts by his superiors he faile 
importance of arriving to work o 
received his first Letter 
Letters of Reprimand, and an A 
next day he showed up 
of Counseling for failing to report for 
late for duty; thereby, receiving a Letter of Reprimand.  Then in December of 1999, he received 
an Article 15 for consuming alcohol ei 
punishment was suspended.  However, 

to duty.  As an additional chance his 
as disrespectful to an NCO, and the - 

etter of Counseling, two 

suspended punishment from his Article 15 was vacated.  Retaining 
probationary status is not consistent with good order and discipline. 

on active duty in a 

5.  DISPOSITION ALTERNATIVES:  You, as the special court-martial convening authority, 
are the separation authority for this action.  You may: 

(a) retain the respondent in the Air Force; 

(b) direct tfrat-the respondent be separated with an under honorable conditions (genTra1) 
discharge, with or without probation and rehabilitation; 

(c) recommend the respondent be separated with an honorable discharge,  with or without 
probation and rehabilitation, and forward this case to the general court-martial convening 
authority (8th AF/CC) for action; 

(d) 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 (UOTHC) 
is warranted; or 

(e) direct the case be reinitiated under another paragraph of AFI 36-3208, if you deem it more 
appropriate. 

7.  RECOMMENDATION:  I recommend you discharge the respondent, characterizing his 
service as under honorable conditions (general), without probation and rehabilitation.  If you 
agree, please sign the attached correspondence and return this file to JA for further processing. 

Attachment: 
Discharge Package/AB I 

DEPARTMENT OF THE AIR FORCE 

509 SECURITY FORCES SQUADRON (ACC) 
WHITEMAN AIR FORCE BASE, MISSOURI 

MEMORANDUM FOR 

FROM 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct.  The authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.50, 
If my recommendation is approved, your service may be characterized as honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2. My reasons for this action are: 

a.  On 20 May 00, you disrespected 
over here and take off our shirts” and “how 
suspended bust on your previous Article 15, dated 16 Mar 00 was vacated on 8 Jun 00. (Atch 1 a) 

saying to him “let’s step 
” For this incident, your 

b.  On 8 Feb 00, you drank alcohol less than eight hours prior to duty in violation of 

regulations.  For this incident, you received an Article 15, dated 16 Mar 00. (Atch lb) 

c.  On 15 Dec 99, you reported late for duty.  For this incident, you received a Letter of 

Reprimand, dated 17 Dec 99.  (Atch 1 c) 

d.  On 15 Oct 99, you reported for duty without your study materials.  For this incident, 

you received a Letter of Counseling, dated 15 Oct 99.  (Atch Id) 

e.  On 15 Oct 99, you reported late for duty,  For this incident, you received a Letter of 

Reprimand, dated 15 Oct 99.  (Atch le) 

- 

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 convening 
authority 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 and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

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 Captai 

at building 509 on 

I 2 XA UII 
expense. 

at 

I G ~  M  . you may consult civilian counsel at your own 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  15  Tan  00 
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 w w e r  of your right to do so. 

- - 

7.  You have been scheduled for a medical examination.  You must report to Physical Exams at 
MU  on  14 TLr,  00  for the examination. 
8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available for your use in your Orderly Room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

- 

Attachments: 
1.  Supporting documents -- for the reason for discharge 

a.  Vacation Action, dated 8 Jun 00 
b.  Article 15, dated 16 Mar 00 
c.  LOR, dated 17 Dec 99 
d.  LOC, dated 15 Oct 99 
e.  LOC, dated 15 Oct 99 

2.  Documents containing derogatory information -- which are not listed in the notification 
memorandum: Documents relating to the respondents misconduct are found at Atch 2 of the 
Notificatioh Letter. 

3.  Airman's receipt of notification memorandum, dat