AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-01-00085 

I 

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

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The  applicant  was  offered  a  personal  appearance before  the  Discharge  Review  Board  but  declined  to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to,the  discharge. 

FINDINGS: Upgrade of discharge is denied. 

The Board  finds that  neither the  evidence of  record  or  that  provided  by  the  applicant  substantiates an 
inequity or impropriety that would justify a change of the discharge. 

Issues.  Applicant received a general discharge for a pattern of dishonorable failure to pay just debts.  His 
misconduct  included writing at least  14 bad  checks to various businesses totaling at  least  $730.00, some 
written on a closed account, failure to properly maintain the unit leave program, and failure to go.  For his 
actions,  member  received  Letters  of  Reprimand,  Records  of  Individual  Counseling,  an  Unfavorable 
Information File, was placed on the Control Roster, was sent for financial counseling which he elected to 
terminate, received two Articles 15, and had a suspended reduction vacated.  All of these actions occurred 
over a 10-month period.  At the time of the discharge, member waived his right to submit statements in his 
own behalf.  Member  now relates he was promised a  miscellaneous discharge, and that  he was kept on 
active duty an additional 2 weeks in order to change the characterization of the discharge.  The Board could 
not confirm this contention through the record review.  The Board noted however that member had enlisted 
for 4 years  and  at  the  time  of  discharge had  only  served  about  one  and  a  half  years.  In  view  of  that 
circumstance, member's  inference that  he  expected  an  honorable discharge is  questionable.  The  record 
revealed  applicant was  age 21  when  the  misconduct  occurred.  There is  no  evidence of  record  he  was 
immature  and  did  not  know  right  from  wrong.  Furthermore,  he  was  repeatedly  counseled  and  given 
numerous opportunities to improve and was either unwilling or unable to do so. 

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 
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chcharge authority and that the applicant was provided full administrative due process. 

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In view of the foregoing findings the board hrther 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 AE'B,  MD 

ED-01-00085 

, . .,,~.- 

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(Former AB) 

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1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 92/08/20 UP AFR 39-10, 
para 5-47d  (Misconduct -  Pattern Dishonorable Failure To Pay Just Debts). 
Appeals for Honorable Disch. 

1 

2.  BACKGROUND: 

a.  DOB: 69/12/12.  Enlmt Age: 20 8/12.  Disch Age:  22 8/12. Educ:HS  DIPL. 

AFQT: N/A.  A-87,  E- 68,  G-82,  M-52.  PAFSC: 73230 -  Apprentice Personnel 
Specialist. DAS: 91/12/01. 

b.  Prior Sv: AFRes 90/09/05 -  91/03/05  (6 months 1 day)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 91/03/06 for 4 yrs.  Svd: 1 Yrs 5 Mo 15 Das, all AMs. 
b.  Grade Status:  AB -  92/02/25  (Article 15, Vacation, 92/07/28) 

AMN  -  91/09/06 

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c.  Time Lost:  none. 

d.  Art 15's:  (1) 92/08/03, Hill AFB, UT - Article 134.  You, being 

indebted to ------- , in the sum of $140.72, for cash 
and merchandise, which amount became due and payable 
between o/a 13 Jun 92 and 22 Jun 92, did, o/a 20 Jul 
92 and o/a 27 Jul 92, dishonorably fail to pay said 
debt.  Restriction for 30 days, and a reprimand. 
(No appeal) (No mitigation) 
92/07/28, Vacation, Hill AFB, UT - Article 123a.  You, 
did, o/a 9 and 11 July 92 make or utter to the ------ 
in ------- , two checks #lo37 -and #lo39 totalling 
$12.59, drawn on the -------, and you didAhereafter 
negligently fail to maintain sufficient funds in said 
bank for the payment of the checks upon there 
presentation for payment.  Rdn to AB.  (No appeal) 
(No mitigation) 

(3) 92/02/25, Hill AFB, UT - Article 86.  You did, o/a 14 

Feb 92, w/o authority, fail to go at the time precribed 
to your appoined place of duty.  Rdn to AB  (susp till 
23 Aug 92) 30 days extra duty, and 30 days restriction. 
(No appeal) (No mitigation) 

e.  Additional: MFR/UIF 04 NOV 91 -  Financial irresponsibility. 

MFR/UIF  18  FEB  92  -  F i n a n c i a l   i r r e s p o n s i b i l i t y .  
R I C ,   1 5   JUL  92  -  D e r e l i c t i o n   of  d u t y .  
R I C ,   1 7   J U L   92  -  D e r e l i c t i o n   of  d u t y .  

EDO1-00085 

f .   CM: 

none. 

.,.. 

g .   Record  of  SV:  none. 

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( D i s c h a r g e d   from  H i l l  AFB) 

h .   Awards  &  D e c s :  

NDSM,  AFTR. 

i.  Stmt  o f   Sv:  TMS:  (1) Y r s   (1 
TAMS:  (1) Y r s   ( 5  

)  M o s   ( 1 6 )   D a s  
Mo3  ( 1 5 )   D a s  

1 

4 .   BASIS ADVANCED FOR REVIEW:  Appln 

(Change  D i s c h a r g e   t o  Honorable) 

( D D   Fm 293)  d t d   01/03/02. 

I s s u e   1:  I  a p p l i e d   f o r   a n   " E a r l y - o u t "  i n  t h e   e a r l y   summer  of  1992,  it w a s  
a p p r o v e d ,   a f t e r   bouncing  a  c o u p l e   c h e c k s ,   my  F i r s t   S e a r g e n t   ( s i c )  s a i d   " we  are 
n o t   g o i n g   t o   l e t   you  o u t ,   w e   a r e   g o i n g  t o  throw  you  o u t . "  

H e   k e p t   m e   a r o u n d   2  w e e k s   l o n g e r   t h a n   my  o r i g i n a l   "out"  d a t e   j u s t   t o  throw  m e  
o u t .  

T h i s   c o s t   t h e   government  food,  pay,  and  q u a r t e r s   f o r  m e .  
t h e   d i s c h a r g e   I  w a s   o r i g i n a l l y   supposed  t o  g e t .  

I  would  l i k e   t o  have 

~ 

ATCH 
none. 

0 1 / 0 3 / 2 8 / i a  

T 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS OGDEN AIR LOGISTICS CENTER  (AFMC) 

HILL AIR FORCE BASE, UTAH 

Reply  to 
Attn Of:  JAM-CL 

Subject:  Legal  Re 
5-47d, Airman Basic 

To:  2849 ABG/CC 

77T-744 1 ) 

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7 A u w s t  1992 

der AFR 39-10, paragraph 
34 FS  (ACC)  +- 

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1.  Basis  for Action.  On 5 August  1992,  -the Commander,  34 FS,  notified  the 
respondent  that  he  was  recommending his  discharge  from  the  service for 
misconduct  involving  the  dishonorable  failure  to pay  just debts  under AFR 
39-10, paragraph  5-47d.  The Commander recommended a general discharge without 
probation  and rehabilitation  (P &  R).  This  case is being  processed  by  the 
notification  procedure and the worst characterization  authorized is a general 
discharge. 

2.  Evidence  for  the  Commander.  The  evidence  supporting  the Commander's 
recommendation  consists of  his administrative  determination  of  the following 
instances of  the respondent's  dishonorable failure to pay  just debts: 

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a.  Between  7 August  1991 and 28 August  1991,  the respondent wrote eight 
checks  totalling over $580.00 without having  sufficient funds in his account 
to  cover the  checks on  presentment to his  bank.  Along  with  the eight bad 
checks,  the respondent also had a number of  outstanding  loans and bills  that 
were due and owing. 
For his actions, he received a Letter of Reprimand which 
was  placed  in the  unfavorable  information  file  (UIF)  established  by  the 
Commander.  The  respondent was also placed  on  a control roster for his gross 
financial  irresponsibility.  This pattern  of  financial  irresponsibility was 
also  documented  on 4 November  1991,  in a Memorandum  For Record,  and on 18 
February  1992, in a Memorandum For Record. 

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b.  Between I3  July  1992 and  12 July  1992,  the respondent wrote two checks 
to the Philadelphia Sub Shop totalling $12.59  without having  substantial  funds 
in his account  to cover these checks on presentment  to h i s   bank.  As  a result, 
he  received a vacation of  suspended nonjudicial punishment  from a 25 February 
1992,  Article  15, and was reduced to the rank of Airman Basic. The rAs-pondent 
had  received nonjudicial punishment under Article  15 for failing to io-at the 
time prescribed  to his appointed place of duty.  For his failure to go, he had 
received a reduction to the grade of  Airman Basic which was suspended until  25 
August  1992, at which time it would have been remitted without  further action. 
additional duty and restriction  to Hill 
The 
respondent also received 30 days 
AFB for 30 days for his failure to go. 

c.  Between  12 June  1992 and  23 June  1992,  the  respondent wrote  four 
checks on a closed account totalling over $140.00  to Wal-Mart  in Layton, Utah. 
For  writing  these bad checks,  the respondent received nonjudicial punishment 
under 
Letter  of  Reprimand  for  financial 
irresponsibility, and restriction to Hill AFB  for 30 days. 

Article  15  consisting  of  a 

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d.  In  addition to his failure to pay just debts,  on 15 July 1992 and 17 
July  1992,  the respondent  received  records of  individual  counseling for 
his failure to maintain the squadron leave program properly.  As a result,  he 
was  relieved from his  responsibilities in the squadron  orderly room and was 
tasked to be a typist and runner for the squadron. 

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3.  Evidence for the Respondent.  The Commander notified the respondent of  his 
right  to  submit  a.-  statement on-his  own 
-behalf.  After  consulting legal 
counsel,  the respondent waived  his right to  submit a statement  on his own 
behalf. 

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4.  Errors  or  Irregularities.  We  noted  one  typographical  error  on  the 
Notification  Letter.  The  respondent received  nonjudicial  punishmeht under 
Article  15  on  25  February  1992  instead  of  20  February  1992.  This 
typographical mistake does not create an error of  legal significance. 

& 

5.  Discussion.  An airman may be administratively discharged for a pattern of 
misconduct  in  the  current  enlistment  consisting  wholly  or  in  part  of 
misconduct  more serious than minor  disciplinary infractions.  The pattern of 
misconduct may consist of a dishonorable failure to pay just debts. 

In  this case,  the respondent has demonstrated  a clear pattern of misconduct 
involving the dishonorable failure to pay just debts.  The respondent wrote at 
least  14 bad checks totalling over $730.00 without having sufficient funds in 
his  checking account to  cover the checks upon  presentment to his bank.  The 
respondent  has  been given  numerous opportunities  to  bring his  actions in 
conformity with Air Force standards, yet he has failed to change his behavior. 
His  actions demonstrate  that he  should be  discharged with  no less  than a 
general discharge.  AFR 39-10,  paragraph 5-45d provides that the service of a 
member discharged for misconduct may be characterized as honorable only if  the 
that  any  other 
member's 
characterization  would be inappropriate.  This is clearly not the case in the 
respondent's  situation.  In addition to  his failure to  pay just debts,  the 
respondent  received nonjudicial punishment under Article 15 for failing to go 
at  the  prescribed  time  to  his appointed place  of  duty  and  he received 
counseling  for his failure to maintain the squadron leave program.  As  can be 
determined by  the facts,  a general discharge is appropriate in this case.  We 
also  recommend that  P &  R not  be offered  in this  case.  The respondent's 
continued  irresponsible behavior after numerous attempts to bring his conduct 
into  conformity with  Air Force  standards demonstrate  that further attempts 
rehabilitation would be futile. 

service  record  has  been  so 

meritorious 

6 .   ODtions.  As separation authority, you have the following options: 

a.  Order the action terminated; 

b.  Return  the action to  the squadron,  and  order the action initiated 

under a more appropriate discharge provision; 

c.  Recommend to the GCM  authority that the respondent be discharged with 

an honorable discharge characterization with or without P &  R; or 

d.  Order  'that  the respondent  be discharged  with a  general discharge 

characterization with or without P &  R. 

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7.  Recommendation.  We  recommend  that you  order the respondent's  separation 
from  the A i r   Force  with a general discharge  without P &  R  under AFR  39-10, 
paragraph 5-47d, for the dishonorable failure to pay just debts.  We recommend 
debarment - 

1 'Atch 
Case file 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 388TH FIGHTER WING (ACC) 

HILL AIR FORCE BASE, UTAH 

FROM:  3 
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SUBJ:  Letter of Notifieation 

FS/CC 
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5 A K 1 9 9 2  

TO:  AB 
1.  I am  recommending your discharge from the United  States- Air 
Force for a pattern of misconduct. -  The authority for this action is 
AFR 39-10, paragraph 5-47d.  If my recommendation is approved, this 
action could result in your separation with a general or honorable 
discharge. 

I am recommending a general discharge. 

34 FS 

2.  My reasons for this action are: 

a.  On  1 Oct  91, you received a UIF/Control Roster for gross 
financial  irresponsibility. 
financial 
irresponsibility  was  again  documented  in  a  4  Nov  91,  Memo  for 
Record,  and a 18 Feb 92, Memo for Record, from the First Sergeant 
(Atch la). 

This  pattern  of 

b.  On  20 Feb  92, you  received nonjudicial punishment  under 
Article  15,  for  failing  to  go  at  the  time  prescribed  to  your 
appointed place of duty.  As a result, you were reduced to the grade 
of airman basic, suspended until 25 Aug 92, 30 days additional duty, 
and 30 days restriction to base  (Atch lb). 

c.  On  15  and  17 Jul 92, you received records of  individual 
counseling for failure to maintain the squadron leave program.  As 
a  result,  you  were  relieved  from  your  responsibilities  in  the 
squadron orderly  room. 
Your  duties were  reduced  to typist  and 
runner for the squadron (Atch IC). 

d. 

On  22  Jul  92,  you  received  vacation  of  the  suspended 
nonjudicial punishment from the 25 Feb 92, Article 15.  This action 
was for two dishonored checks written to Philadelphia Sl;b,Shop  in 
Clearfield.  As a result, you were reduced to the grade of airman 
basic  (Atch Id) 

e. 

On  13-27  Jul  92,  you  did  become  in  debt  to Walmart  of 
Layton, Utah.  The debt was not paid and on 28 Jul 92, you received 
nonjudicial punishment under Article 15 consisting of a Letter of 
Reprimand and restriction to Hill AFB for 30 days (Atch le). 

Copies of the documents to be forwarded to the separation authority 
in support of this recommendation are attached.  The commander 

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exercising special court martial 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. 

You have the right to counsel. 

Military legal counsel has been 
3. 
obtained  to assist  you.  I have made  an  appointment  for  you  to 
at 
consult  with 
n ~ n ~  hours. 
You - may  consult civilian counsel a t y o u r  own 
expense. 

i n  Bldg  146 

7  AUG 199% 

on 

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4 -  

4.  You have the right to submit statements in your own Gehsif.  Any 
s t a t e m e n c o u  want the separation authority to consideFmGt reach 

me by 1 1  A d  1992  , unless you  submit and receive an exteGsion for 
I will send them to the separation authority. 

good cause shown. 

5.  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. 

hours on 

6.  You have been scheduled for a medical examination.  You must 
report  to  the  Physical  Exam  Section,  USAF  Hospital  Hill  at 
0700 
7.  Any personal information you furnish in rebuttal is covered by 
the Privacy Act Statement as explained in AFR 39-10, attachment 1. 
A copy of AFR 39-10 is available for use in the 34 FS Orderly Room. 
Execute  the  attached  acknowledgement  and  return  to  me 

fi  AIJG  1993- 

8. 
immediately. 

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