AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FDO 1-00084
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 tcr
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: The applicant did not submit specific issues to be addressed by the Board, but instead wrote a letter
on his behalf, which was used in the decision of the Board. The member contends that in his first five years
of service he received only one Letter of Reprimand for underage drinking and that during his assignment to
Sheppard AFB he was singled out and harassed. He also contends that he did not have an unprofessional
relationship with one of the trainees. The Board reviewed the record and concluded the conduct for which
applicant was discharged was a significant departure from the conduct expected of all military members.
The applicant received an Article 15 for failing to obey a lawhl order not to have a personal relationship
with a trainee in his training organization. Although the applicant claims that this is not true, the record
contains affidavits that attest to this as fact, therefore this issue is without merit. The member received two
additional Article 15s, one for wrongfblly failing to pay the government credit card balance when due and
another for dishonorably failing to pay on the Deferred Payment Plan (DPP). The Board recognized that
the balance on the government credit card was minimal and was paid off and that the overdue balance on
the DDP was the member's fault, however, no inequity or impropriety in his discharge was suggested or
found in the course of the records review. The Board concluded that the character and reason for discharge
were appropriate due to his misconduct.
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 fbrther 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-01-00084
(Former A1C) MISSING DOCUMENTS
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1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 98/08/17 UP AFI 36-
3208, para 5.50.1 (Misconduct - Discreditable Involvement with Military or Civil
Authorities). Appeals for Honorable Disch.
2. BACKGROUND:
a. DOB: 71/07/04. Enlmt Age: 19 7/12. Disch Age: 27 1/12. Educ:HS DIPL.
AFQT: N/A. A-37, E-72, G-78, M-89. PAFSC: 3A051- - Information Management
Journeyman. DAS: 96/04/21.
b. Prior Sv: (1) AFRes 91/02/11 - 91/04/25 (2 months 15 days)(Inactive).
month. Ext 95/11/20 for 13 months. Svd: 5 yrs 3 mos 3 days, all AMs.
91/06/12. SRA - 93/10/12. EPRs: 4,5,4,5,5.
A1C -
(2) Enld as AB 91/04/26 for 6 yrs. Ext 95/05/22 for 1
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3. SERVICE UNDER REVIEW:
a. Reenld as SRA 96/07/29 for 4 yrs. Svd: 2 Yrs 0 Mo 19 Das, all AMs.
b. Grade Status: A1C - 97/11/25 (Article 15, Vacation, 98/03/10)
c. Time Lost: none.
d. Art 15's: (1) 98/04/06, Sheppard AFB, TX - Article 134. You, being
indebted to the -------- in the sum of about $246.00
for the Deferred Payment Plan, which amount became due
and payable o/a 28 Sep 97, did, from o/a 16 Mar 98,
dishonorably fail to pay said debt. Rdn to Amn (susp
till 5 Oct 98), and a reprimand. (Appeal/Denied)
(No mitigation)
(2) 98/06/10, Vacation, Sheppard AFB, TX - Article 92. You
did, between o/a 26 Aug 97 and o/a 26 Jan 98, violate
a lawful general instruction, to wit: para 22, AFI 65-
104, dated 1 May 96, by wrongfully failing to pay your
Government -------- Card account balance when due. Rdn
to A1C. (No appeal) (No mitigation)
(3) 91/11/25, Sheppard AFB, TX - Article 92. You did, on
divers occasions between o/a 1 Aug 97 and o/a 15 Oct -
97, fail to obey a lawful general regulation, to wit:
para 4.1.5, ATCR 30-4, dated 20 Jan 92, by wrongfully
developing a personal relationship with Amn ------- f a
trainee-within your same training organization. Rdn to
A1C ( s u s p till 23 May 9 8 ) , and a reprimand.
(No appeal) (No mitigation)
mol-00084
e. Additional: none.
f. CM: none.
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g. Record of SV: 96/04/01 97/03/31 Sheppard AFB 4 (Annual)
(Discharged from Sheppard AFB)
h. Awards &i Decs: AFAM, AFLSAR, AFTR, AFOSSTR, NDSM, NCOPMER, AFOUA W/1
DEV, AFGCM W/.l DEV.
i. Stmt of Sv: TMS: (7) Yrs (6) Mos (7) Das
TAMS: (7) Yrs (3) Mos (22) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/02/13.
(Change Discharge to Honorable)
ISSUES ATTACHED TO BRIEF.
_ .
ATCH
1. Applicant's Letter to the Discharge Review Board.
01/03/27/ia
12 February, 2001
Dear Discharge Review Board:
The Following issues are the reasons I believe my discharge should be upgraded to Honorable. If you
disagree, please explain in detail why you disagree. The presumption of regularity that might normally
permit you to assume that the seMce acted correctly in characterizing my service as less than honorable
does not apply to my case due of the reasons I am submitting.
In my first five years and three months of service, I received one Letter of Reprimand for Underage
Drinking, while stationed at Grand Forks Air Force Base, North Dakota: This was the only derogatory
incident in nearly six years of service. However, after my assignment to Sheppard Air Force Base, Texas,
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when I first was assigned to the 362d Training Squadron. There were several other allegations and
investigations all of which were based on false pretenses.
I, this bill was sent to the First Sergeant's office at my request
These "disciplinary problems" and this so-called "pattern of misconduct" all started after my Fian& at
the time, now my wife, came to Wichita Falls. As I began to work less "overtime" my career seemed to
begin a downward spiral, the more I tried to be reassigned to another unit the more I seemed to get
harassed, and change duty positions within the squadron. I then asked for a humanitarian reassignment to
Scott Air Force Base, Illinois so I could be closer to my new wife and my children from a Werent
counseled by my supervisor Staff Se
of command again. I was immediately
period of four weeks - the
will be moved to another floor next week" Due to the fact I even made a request
of Station (PCS) I feared the reprisal would not stop here. I requested to be transferred out of the unit, but
was told on several occasions no. I also requested to be
82d Training Group told me they would if they could but my co
not release me. When an EPR was finally written, I
me she had rewritten it several times due to changes the L
Miracusouly, none of the positive things I had done in the
unit appeared Even though I had received several Letters of Appreciation, they were discarded and
rked how all of the things she filed in m y
omitted from my performance
out to write my EPR By this time I was not
Personnel Information File we
even working in my section, I was assigned to the Orderly Room, as a detail Airman, I was not even used
in my primary AFSC which was Information Management. I looked for my PIF several times and each
- CCF OFFICE. When it was finally
time the signout sheet had the same name on it - MSG-
checked back in, several items were missing.
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The next was dealing with the allegation of the unprofessional relationship. I put a vehicle on the base
"Lemon Lot". The only person that inquired about the vehicle was a student in my squadron that fell
day we were supposed to sign the contract at the
several other students
evening, on the weekend or early Monday morning prior to staff members arriving in the dorm. When
tell the truth - and since there
sfied. I was then interrogated
the answers they were looking
for were not given. This is when I was given an Article 15 and removed from my duty section. My legal
council and I were not even given the statements we were supposed to been given until after the Article 15
was signed and recorded in my record. To my knowledge my lawyer had no knowledge these statements
existed. Once again I was moved around from section to section. By this time I was working back in my - -
primary AFSC and around students, this time as an Administrative Specialist in the Heavy Training
Flight. This was not enough for those above me in my chain of command
The next "char
When I arrived at
Sheppard AFB, I
of ID at a video store, and
was told yes it could as long as there were no charges made on it. I then used it as ID only. Two years
later (after I closed the video store membership) a $2.90 charge showed up. I had not received a bill since
I paid off the charges from the PCS to Sheppard. I admit that I had moved five or six times, the last of
I had requested that the bill be sent to the squadron.
n happy to send state
nformed that due to
to Airman First Class. To make matters worse,
on my account he was
Altus AFB, OK. All of our meetings took place over the phone due to him being stationed at Altus and
me at Sheppard. In our last conversation he advised me to "watch your back ....seems to me they are out to
get you, they won't be happy until you are out ..." My command was always preaching privacy to those
accused, however it certainly was not practiced in my case or several others.
Even with all of this, my chain of command was not yet satisfied My squadron sold Physical
Conditioning cloths, sweatpants, sweatshirts, etc. with the squadron mascots silk-screened on them. This
he
questioned by OSI, and given a polygraph test. OS1 agents investigating the case and the agent running
the polygraph machine cleared me of these allegations. Again this was not good enough for my
command, the more I was accused of and absolved of the more I was harassed, and new erroneous charges
were brought against me. Eve
out with my last supervisors
had to check in and
18,000 from this fund. I was
his
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My last week I was threatened with yet another Article 15 for not having a new address for my
household goods shipment, I could not sign a lease until I knew when I would be discharged, I had several
houses and apartments lined up but the landlords were not willing to hold them until the Air Force
decided to release me. The housing office also told me I could not clear housing until I had a Final out
date. And with a recent demotion, I could not afford to pay rent without BAQ - which would not be
authorized until the next month.
<
By this time all I wanted was to be released from the Air Force, and my atto
just
wanted to see me get out with a General Discharge Under Honorable Conditions. I was unaware of the
HKA - Pattern of Misconduct code that was attached to my discharge until the day I out processed, and
my attorney was TDY and could not be reached.
Since I have been in the civilian sector, I have not been able to obtain the only job I truly want to do,
due to the nature of my discharge, 1 can not be hired as a police officerwith a Pattern of Misconduct on
my DD-1214. I would also request that you review my performance reports prior to and including my last
performance report - do they really match that of a sub standard Airman, show a pattern of misconduct, or
point out hamment, and reprisal? As I reviewed my records, I read eachsof the reports and could see no
pattern of misconduct. In addition the governing regulation for EPR's was obviously not adhered to, as
one time offences are not to be mentioned in Enlisted Performance Reports, at least in the raters and raters
rater comment blocks.
I realize realize maintain order and discipline while serve and defend our way of life, our loved ones and
rights, privileges and freedoms we hold so dearly, we must live by rules and regulations set forth by our
predecessors in every &ort to maintain our way of life. However, I must admit I fail to see how this type
of injustice fits in to any of the rights privileges or freedoms our aflcestors and I fought for so proudly and
died so gallantly to preserve. Your help and consideration in this matter will be greatly appreciated.
-
i
Sincerely,
..
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS SECOND AIR FORCE (AETC)
5August 1998
SUBJECT: Legal Review of Administrative Discharge. Airman First Class
'
1. PURPOSE: We have reviewed t4e proposed discharge action pursuant to
AFPD 36-32 and AFI 36-3208, paragraph 6.19, and find it legally sufficient to
support an Under Honorable Conditions (General) Discharge based on
discreditable involvement with military or civilian authorities, under
paragraph 5.50.1, without further opportunity for probation and
rehabilitation.
_ -
2. BASIS FOR THE ACTION: The respondent, between 28 September
1997 and 16 March 1998, was delinquent in making payments to his AAFES
Deferred Payment Plan. Between 26 A
respondent failed to pay his Governmen
Between 1 August 1997 aqd 15 October 1997, the respondent, as a cadre
member, violated regulations by maintaining a social relationship with a
student assigned to his training squadron. The 311 TRS/CC initiated
discharge action on 22 June 1998 pursuant to AFI 36-3208, paragraph 5.50.1,
discreditable involvement with military or civilian authorities. The
362 TRS/CC recommended service characterization as Under Honorable
Conditions (General). Although afforded the opportunity to consult with
military defense counsel, the respondent, as of 16 July 1998, did not respond
to the notification letter and constructively waived his right to have his case
heard by an administrative discharge board. The 82 TRWICC recommends
2 AF/CC approve the waiver by the respondent with a service
characterization of Under Honorable Conditions (General) and not offer
further opportunity for probation and rehabilitation. We agree with the
recommendation.
3. FACTS ABOUT THE RESPONDENT: The respondent is 26 years old
and is serving a four-year enlistment which began on 29 July 1996. The
respondent entered active duty on 26 April 1991. The respondent has a
disciplinary record consisting of two nonjudicial punishment actions and one
vacation of suspended punishment action which document the incidents
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2
forming the basis of this discharge. The respondent is entitled to wear the
Air Force Achievement Medal, the Air Force Outstanding Unit Award with 1
OLC, the Air Force Good Conduct Medal with 1 OLC, the National Defense
Service Medal, the Air Force Overseas Short Tour Ribbon, the NCO
Professional Military Education Graduate Ribbon, the Air Force Longevity
Service Award Ribbon, and the Air Force Training Ribbon. The respondent
has the following overall ratings on his enlisted performance reports (most
recent first): 2, 4, 4, 5, 4, 5, and 4.
-
4. ERRORS AND IRREGULARITIES: The AF Form 3070, dated 25
November 1997, lacks at block 13, the dates 82 TRW/JA sent the record to
the servicing AFO and MPF. The author of the 2 March 1998 memorandum
for record supporting the vacation of suspended nonjudicial punishment
action did not sign the memorandum. These irregularities do not detract
from the legal sufficiency of the package or prejudice the substantive rights of
the respondent.
-
5. DISCUSSION:
a. Airmen are subject to separation for discreditable involvement with
military or civilian authorities under AFI 36-3208, paragraph 5.50.1, when
the airman commits offenses punishable under the UCMJ. The respondent
repeatedly and dishonorably failed to pay his just debts and engaged in a n
improper social relationship with a student in violation of a lawful general
regulation. These actions violated Articles 134 and 90, UCMJ, respectively.
We note that AFI 36-3208, paragraph 5.2, requires preprocessing
rehabilitation when discreditable involvement with military or civilian
authorities forms the basis for the discharge. The respondent received two
Articles 15 and a vacation action which failed to dissuade the respondent
from his repeated misconduct.
b. We also note, under AFI 36-3208, paragraph 7.2, that airmen are
eligible for probation or rehabilitation if the basis for discharge is
discreditable involvement with military and civilian authorities. The record
clearly demonstrates that the respondent is subject to discharge without
probation and rehabilitation opportunities. As for characterization of the
discharge, 82 TRW/CC recommended an Under Honorable Conditions
(General) Discharge. Paragraph 1.18, of AFI 36-3208, authorizes an Under
Honorable Conditions Discharge when the member's misconduct
overshadows the positive aspects of his career. The respondent's failure to
pay just debts and social relationship with a student overshadows his
otherwise satisfactory service.
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3
c. We finally note the circumstances surrounding the waiver in this case.
Under AFI 36-3208, paragraph 6.15, a respondent must submit a response
within seven workdays after receiving the notification letter. Failure to
respond within the seven days or an approved extension, constitutes waiver
of that respondent's rights, including the right to have the case heard by an
administrative discharge board. The respondent acknowledged receipt of the
notification letter on 23 June 1998. The unit granted the respondent an
extension until 15 July 1998 to consult with counsel and submit a response.
The respondent failed to submit a response on that date. By default, the
respondent constructively waived his rights to a board hearing in this matter.
6. OPTIONS: As General Court-Martial Convening Authority, AFI 36-3208,
paragraph 5.56.2, requires you to act on any case in which a respondent
waives his right to an administrative discharge board hearing. Accordingly,
you may elect one of five options:
a. You may determine that the evidence does not support the discharge -
action and direct the respondent's retention in the Air Force.
b. You may determine that the commander initiated the discharge under
an incorrect provision of AFI 36-3208 and direct reinitiation of the action
under an appropriate section.
c. You may reject the constructive waiver and direct that the matter
proceed to an administrative discharge board hearing.
d. You may approve the constructive waiver, direct the separation of the
respondent with either an Honorable or Under Honorable Conditions
(General) Discharge, suspend execution of the separation, and grant
probation and rehabilitation.
e. You may approve the constructive waiver, direct the separation of the
respondent with. either an Honorable or Under Honorable Conditions
(General) Discharge and direct execution of the separation without further
opportunity for probation and rehabilitation.
7. RECOMMENDATION That you accept the waiver and direct the
respondent's separation with an Under Honorable Conditions (General)
Discharge without further omortunitv for Drobation and rehabQitation.
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
21 Jul98
MEMORANDUM FOR 82 TRGICC
FROM: 82 TRWIJAC
SUBJECT: Legal Review, Recommendation for Discharge
362 TRS
-
1. We have reviewed this discharge case file and find it to be legally sufficient to support
discharge. We recommend that you direct that the respondent be separated with a general
discharge in accordance with AFI 36-3208, paragraph 5.50.1 (Discreditable Involvement Wi&
Military or Civil Authorities), without further opportunities for probation and rehabilitation.
2. The basis for this action is the commander's administrative determination that the respondent
dishonorably failed to pay his just debts and committed a serious offense. Specifically, the
respondent failed to pay the sum of about $246.00 to the Army Air Force
a lawful general instruction by wrongfully failing to pay his Gov
ard balance when it became due, and failed to obey a lawful general re
developing a personal relationship with a trainee withiin the same training
organization. The respondent received two Article 15s and a vacation action for his misconduct.
The squadron commander's determination is supported by a preponderance of the evidence in the
case file.
3. The respondent is 27 years old, began his present enlistment on 29 Jul96, and was assigned to
his unit on 21 Apr 96. His academic test scores are average. The respondent is entitled to wear
the Air Force Training Ribbon, NCO Professional Military Education Graduate Ribbon, Air
Force Longevity Service Award Ribbon, Air Force Overseas Short Tour Ribbon, National
Defense Service Medal, Air Force Good Conduct Medal with one oak leaf cluster (OLC), Air
Force Outstanding Unit Award with one OLC, and the Air Force Achievement Medal. The
respondent failed to acknowledge receipt of the notification letter, therefore, waiving his rights to
a discharge board, to consult counsel, and to submit statements for your consideration.
4. We note no administrative errors of legal significance, and we concur with the squadron
commander's recommendation for a general discharge in this case.
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6;
. c
Attachment:
Case File
. ,
.
..
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
22 Jun 98
FROM: 362 TRS/CC
SUBJECT: Notification Memorandum-Board Hearing
,
1. I am recommending your discharge from the United States Air Force for discreditable
involvement with military or civil authorities according to AFPD 36-32 and AFI 36-3208,
under the provisions of paragraph 5.50.1. Copies of the documents to be forwarded to the
separation authority to support this recommendation are attached.
2. My reasons for this action are:
a. You, being indebted to the Army Air Force Exchange Service in the sum of about
$246.00 for the Deferred Payment Plan, which amount became due and payable on or about
28 Sep 97, did at or near Sheppard Air Force Base, Texas; from on or about 28 Sep 97 to on
or about 16 Mar 98, dishonorably fail to pay said debt. For this infraction, you received
Article 15 punishment on 6 Apr 98.
*
b. You did, at or near Wichita Falls, Texas, between on or about 26 Aug 97 and on or
about 26 Jan 98, violate a lawful general instruction, to wit: pa
dated 1 May 96, by wrongfully failing to pay your Governmen
account balance when due. For this infraction, your suspended punishment from Article 15,
dated 25 Nov 97 was vatated on 10 Mar 98.
c. You did, at or near Sheppard AFB TX, on divers occasions between on or about
1 Aug 97 and on or about 15 Oct 97, fail to obey a lawful general regulation, to wit:
paragraph 4.1.5, ATCR
92, by wrongfully developing a personal
relationship with Airma
trainee within your same training organization.
For this infraction, you received Article 15 punishment on 25 Nov 97.
3. This action could result in your separation with an under other than honorable conditions
discharge. I am recommending that you receive an under honorable conditions (general)
discharge. The commander exercising SPCM jurisdiction or a higher authority will make the
final decision in this matter. If you are discharged, you. will be ineligible for reenlistment in
the Air Force and will probably be denied enlistment in any component of the armed forces,
and any special pay, bonus, or education assistance funds may be subject to recoupment.
4. You have the right to:
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.$
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. Your medical examination was completed on 5 May 98.
-
r you to consult him on .
. Instead of the
has been obtained to assist you. An
6. Military legal counsel
appointment has been sche
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 AFI 5 1-201. In addition to
military counsel, you have the right to employ civilian counsel.. Civilian counsel, if
employed, must be readily available.
7. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights
you choose to exercise. The statement must be signed in the presence of your counsel who
also will sign it. If you waive your right to a hearing before an administrative discharge
board, you may submit written statements in your own behalf. I will send the statements to
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.
8. 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 the 362 TRWCommanders Support Staff
Office.
9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.
10. Execute the attached acknowledgment and return it to me immediately.
Attachments: (listed on next page)
I
.
c
AF Form 3070, 6 Apr 98
Response to Article 15, 20 Mar 98
Statement of Financial Status, 23 Mar 98
Response to Notice of Intent to Vacate
Suspended Punishment, 9 Mar 98
Summary of Account, AMEX, 26 Aug 97
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10
13. Response to Art
14. AF Form 1168,
15.AF Form 1168, A
16. AF Form 1168,
17. AF Form 1168,
18.362 TRS/CC Memo,
19.362 TRS/CC Memo, 11 Jul 97
20. Airman’s Acknowledgment ldd
cc:
82 MSS/DPISF
362 TRS/CSS (File)
Individual
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CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0217 GENERAL: The applicant appeals for upgrade of discharge to Honorable. After a thorough and complete consideration of the information submitted by the applicant, the applicant’s compelling personal testimony, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for the discharge. For this...
AF | DRB | CY2003 | FD2002-0318
-- AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASK NIIMHER FD02-03 18 GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the Reason and Authority for discharge. The record indicates the applicant received two Article 15's for wrongfully possessing alcoholic beverages in the dormitory and willfully failed to remain within the 150-mile radius of Sheppard AFR. DEPARTMENT OF THE AIR FORCE AIR EDUCATION AND TRAINING COMMAND F D Z ~ X - & ~ [ , 3 April...