AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASt N U M B t K  
FD-01-00079 

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

The applicant was offered a personal  appearance before the Discharge Review Board (DFU3) 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 ofdischarge 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 applies to the applicant's post-service activities.  The DRl3 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 records indicated the applicant received two Article  15s, a Letter of Reprimand, two Letters of 
Counseling, and four Records of Individual Counseling for misconduct.  The misconduct included being late 
for duty on several occasions, dereliction in the performance of his duties, leaving his appointed place of duty 
without authority, and failing to maintain sufficient hnd in his bank account to cover checks he wrote.  The 
DRl3  opined that  through these administrative actions, the  applicant had  ample opportunities to  change his 
negative behavior.  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. 

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 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

FD-01-00079 

(Former SRA) 

1.  MATTER  UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 00/06/05 UP AFI 36- 
3208, para 5.49  (Misconduct - Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

___hl 

2.  BACKGROUND: 

a. DOB: 77/04/20.  Enlmt Age:  18 9/12.  Disch Age:  23 1/12. Educ:HS DIPL. 

AFQT: N/A.  A-32,  E-85,  G - 7 0 ,   M-46.  PAFSC: 2E153 - Ground Radio 
Communications Journeyman. DAS:  97/09/05. 

b.  Prior Sv: AFRes 96/01/26 -  96/10/01 ( 8   months 6 days)(Inactive). 

‘ 

3.  SERVICE UNDER REVIEW: 

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a.  Enld as AB 96/10/02 for 6 yrs.  Svd: 3 Yrs 8 Mo 4  Das, all AMs. 
b.  Grade Status:  SRA  -  99/03/16 
A1C -  96/11/16 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 00/04/24, Eielson AFB, AK -  Article 134.  You, did, o / a  
11 Jan 00, make and utter to -------- certain checks 
for the purnose of obtaining money or other articles of 
value, drawn upon the --------- ,  as follows:  Check# 
574, dated 11 Jan 00, in the amount of $13.49, and 
Check#575, dated 11 Jan 00, in the amount of $96.33, of 
and did 
a total amount of $109.82 and signed ------- 
thereafter dishonorably fail to maintain sufficient 
funds in said bank for payment of said checks in full 
upon their presentment for payment.  Rdn to A1C  (susp 
till 23 Oct 00),15 days restriction, and 15 days extra 
duty.  (No appeal) (No mitigation) 
99/12/03, Eielson AFB, AK -  Article 86.  kW,  did, o/a 
12 Nov 99, w/o authority, go from your appointed place 
of duty.  Forfeiture of $100.00 pay per m5nth for 2 
months  (in excess of $100 pay susp till 1 Jun 00, and 
7 days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: LOC, 16 MAR 99 -  Late for duty. 
LOC, 30 MAR 99 - Late for duty. 
LOC, 14 MAY 99 -  Dereliction of duty. 
LOC, 02 SEP 99 -  Late for duty. 
LOC, 01 OCT 99 -  Late for duty. 

LOR,  25  OCT  99  -  D e r e l i c t i o n   of  d u t y .  
LOC,  04  NOV  99  -  Counseled  on  r e s p o n s i b i l i t i e s .  

E'DO1-00079 

f .   CM: 

none. 

g .   Record  of  SV:  96/10/02 
9 8 / 0 4 / 1 6  
99/04/16 

- - 

98/04/15  E i e l s o n   AFB 
99/04/15  E i e l s o n   AFB 
0 0 / 0 4 / 1 5   E i e l s o n   AFB 
( D i s c h a r g e d   from  E i e l s o n   AFB) 

4 
4- 
2 

(HAF  D i r )  
.(Annual) 
(Annual) 

h.  Awards  &  Decs:  AFTR,  AFGCM. 

i.  Stmt  of  Sv:  TMS: 
TAMS: 

( 4 )   Y r s   ( 4  
( 3 )  Y r s   ( 8  

Mos 
Mos 

( 1 0 )   D a s  
( 4 )   D a s  

4 .   BASIS ADVANCED FOR  REVIEW:  Appln 

(Change  Discharge  t o   Honorable) 

(DD  Rn  293)  d t d   01/03/01. 

I s s u e   1:  Please  u p g r a d e   d i s c h a r g e   t o   Honorable. 

-~ 

ATCH 
1.  C h a r a c t e r   R e f e r e n c e .  

01/03/23/ia 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

- - , 4 8 M a y  00 

MEMORANDUM FOR 354 FWKC 

FROM:  354 FW/JA 

SUBJECT: 

36-3208 Discharge Action - 
4 CS, PACAF 

1.  I have reviewed the discharge package of SrA 
d find it legally sufficient to 
proposed action.  I concur with the r 
unit commander that SrA 
a general discharge without probation and rehabilitation based on Misconduct-Minor 

nary Inhctions, AFI 36-3208, under the provisions of paragraph 5.49. 

2.  DISCUSSION: 

The following incidents form the basis for this action: 

a.  On or about 16 Mar 99, he was late for duty.  For this infraction, he received a Letter 

of Counseling, dated  16 Mar 99 (Tab 4, Atch  1). 

b.  On or about 30 Mar 99, he was late for duty.  For this inhction, he received a Letter 

of Counseling, dated 30 Mar 99 (Tab 4, Atch 2). 

c. On or about 13 and 14 May 99, he was derelict in the performance of his duty by not 
taking out the trash as assigned to do so.  For this infraction, he received a Letter of Counseling 
on 14 May.99 (Tab 4, Atch 3). 

d.  On or about 2 Sep 99, he was late for duty.  For this infi-action, he received a Letter of 

Counseling, dated 2 Sep 99 (Tab 4, Atch 4). 

e 7*- 

e.  On or about 1 Oct 99, he was late for duty.  For this infraction, he receiveda Letter of 

Counseling, dated 1 Oct 99 (Tab 4, Atch 5). 

f.  Between on or about 26 Aug 99 and 1 Oct 99, he was derelict in the performance of his 

duty by negligently failing to complete the Technical Order annual A page check by the 
prescribed date.  Betweenon or about 27 Sep 99 and 1 Oct 99, he was derelict in the performance 
of his duty by failing to sign the vehicle AF Form  1800, not locking the vehicle after being told 

.This communication is privileged as attorney work product and/or as an attorney-client communication, or is 
subject to another privilege recognized under law.  Do not distribute, forward or retransmit without the prior 

approval of the Eielson AFB Legal Ofice 

to do so while not driving it, arriving for work 50 minutes late, leaving for TDY without 
processing out of the squadron Orderly Room, and not informing his work center of his TDY 
billeting room telephone number.  For these infractions, he received a Letter of Reprimand, dated 
25 Oct 99 (Tab 4, Atch 6). 

g.  On or %bout 4 Nov 99, he was counseled on his responsibilities in the 

For this, he rece6ed a Letter of Counseling, dated 4 Nov 99 (Tab 4, Atch 7). 

work center. 

--71c_ 

h.  On or about 12 Nov 99, he left his appointed place of duty without authority.  For t i s  

infraction, he received an Article 15, dated 22 Nov 99 (Tab 4, Atch 8). 

i.  On or about 11 Jan 00, he dishonorably failed to maintain sufficient funds in his bank 
account to cover checks he wrote.  For this infraction he received an Article 15, dated 17 Apr 00 
(Tab 4, Atch 9). 

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3.  All procedures required 
been appropriately process 
submit matters for your consideration (Tab 6). 

8 have been properly complied with, and the case has 

waived his rights to consult legal counsel and to 

4.  IRREGULARITIES: None. 

5.  OPTIONS FOR THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY:  YOU 
may: 

a.  Retain the respondent in the Air Force. 

b.  Direct the case be reinitiated under another paragraph, if you deem it appropriate. 

c. Recommend the respondent be separated with an honorable discharge, with or without 

probation and rehabilitation, and forward the case to the General Court-Martial Convening 
Authority (1 1 AF/CC) or his designee (1 1 AF/CV) for action. 

d.  Direct that the respondent be separated with a general discharge, with or wjthout 

s not belong in the United States Air Force.  Therefore, I recommend 

This communication is privileged as attorney work product andor as an attorney-client communication, or is 
subject to another privilege recognized under law.  Do not distribute, forward or retransmit withouL the prior 
-_ 

approval of the Eielson AFB Legal Ofice 

. 

- 

probation and rehabilitation. 

I hav 
6. RECOMME?-JDATION: 
to support involuntarily dischargi 
with Air Force Standards and total1 
continually reported late for duty 
After he was given multiple oppo 

! 

e package and find it legallysufficient 
misconduct is in complete contrast 

f;f- 

operating procedures. 
as still not shown any 
ard of behavior 

he be separated with a general discharge, without the opportunity for probation and 
rehabilitation. 

I concur 

Attachment: 

ischarge Package 

This communication is privileged as attorney work product an&or  as an attorney-client communication. or is 
subject to another privilege recognized under law.  Do not distribute, forward or retransmit withouj the prior 

approval of the Eielson AFB Legal Office 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR  FORCES 

FROM:  354 CSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Minor 
Disciplinary Infractions. The authority for this action is AFPD 36-32 and M I  36-3208, paragraph 5.49.- 
If my recommendation is approved, you will be discharged and your service will be characterized as 
general.  You will not be given an opportunity for probation and rehabilitation. 

2.  My reasons for this action are as follows: 

- 

a.  On or about 16 Mar 99, you were late for duty.  For this infraction, you received a Letter of 

Counseling, dated 16 Mar 99 (Atch 1). 

b.  On or about 30 Mar 99, you were late for duty.  For this infraction, you received a Letter of 

Counseling, dated 30 Mar 99 (Atch 2). 

c.  On or about 13 and 14 May 99, you were derelict in the performance of your duty by not 
taking out the trash as assigned to do so.  For this infraction, you received a Letter of Counseling on 
14 May 99 (Atch 3). 

d.  On or about 2 Sep 99, you were late for duty.  For this infraction, you received a Letter of 

Counseling, dated 2 Sep 99 (Atch 4). 

e.  On or about 1 Oct 99, you were late for duty.  For this inhction, you received a Letter of 

Counseling, dated 1 Oct 99 (Atch 5). 

f.  Between on or about 26 Aug 99 and 1 Oct 99, you were derelict in the performme of your 

duty by negligently-failing to complete the Technical Order annual A page check by the prescribed 
date.  Between on or about 27 Sep 99 and  1 Oct 99, you were derelict in the performancebf your duty 
by failing to sign the vehicle AF Form 1800, not locking the vehicle after being told to do so while not 
driving it, arriving for work 50 minutes late, leaving for TDY without processing out of the squadron 
Orderly Room, and not informing your work center of your TDY billeting room telephone number. 
For these infractions, you received a Letter of Reprimand, dated 25 Oct 99 (Atch 6). 

g.  On or about 4 Nov 99, you were counseled on your responsibilities in the work center.  For 

this, you received a Letter of Counseling, dated 4 Nov 99 (Atch 7). 

h.  On or about 12 Nov 99, you left your appointed place of duty without authority.  For this 

infraction, you received an Article 15, dated 22 Nov 99 (Atch 8). 

i,  On or about 11 Jan 00, you dishonorably failed to maintain sufficient f h d s  in your bank 
account to cover checks you wrote.  For this infraction you received an Article 15, dated 17 Apr 00 
(Atch 9). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or 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 spG%l  pay, bonus, or education assistance funds may be subject t v e n t

.

 

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4.  You have the right to consult counsel.  Mi 
have made an appointment for you to consult 
Building 3 1 12, Room 155, Eielson AFB, Ala 
consult civilian counsel at your own expense. 

btained to assist you.  I 

ounsel, 
You may 

5.  You have the right to submit statements in your own behalf.  Any statementscyou want the 
separation authority to consider must reach me by (3 duty days) 18 dw 00, ~ s m , h u n l ~ ~  
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 have been scheduled for a medical examination.  You must report to the. Physical Examination 
Section, 354th Medical Group, Building 3349, a t b 3 0   on / 5 ’ h v   M  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. 

Attachments: 
1.  Letter of Cpunseling, dated 16 Mar 99 
2.  Letter of Counseling, dated 30 Mar 99 
3.  Letter of Counseling, dated 14 May 99 
4.  Letter of Counseling, dated 2 Sep 99 
5.  Letter of Counseling, dated 1 Oct 99 
6.  Letter of Reprimand, dated 25 Oct 99 
7.  Letter of Counseling, dated 4 Nov 99 
8.  Article 15, dated 22 Nov 99 
9.  Article 15, dated 17 Apr 00 

. 

C ?  ,: . 
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