~ 

41R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NCTMBER 

FD2002-0003 

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

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

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

FINDINGS: Upgradeof discharge is denied. 

- 

_. 

The Board finds the applicant submitted no issues contesting the equity or propriety of th3 discharge, and 
zfter a thorough review of the record, the Board was unable to identify any. 

issues.  Applicant was discharged for minor disciplinary infractions.  He had two Articles 15, and vacation 
af a  Suspended reduction.  His misconduct included two  instances of underage drinking,  driving  drunk, 
being drunk and disorderly, and assaulting another airman.  Member was entered into the Substance Abuse 
Awareness  Seminar program  afier  his  first  Article  15,  diagnosed  a  problem  drinker,  and  successfblly 
completed  the  program.  He  was  again  referred  for  substance  abuse  counseling  after  his  subsequent 
recurrent incidents, and diagnosed an alcohol abuser.  At  the time of the discharge, applicant waived his 
right  to  consult  counsel  or  submit  a  statement in  his  own behalf.  The Board  found  the  personnel and 
discharge records indicate member was given adequate opportunity to improve and conform his behavior to 
Air Force standards and was either unwilling or unable to do so.  Therefore, no inequity or impropriety was 
Found  in his discharge in the course of the records review. 

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. 

[n 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 

FD2002-0003 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 96/06/20 UP AFT 36-3208, 
para 5.49 .(Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

- 

.. 

2 .   BACKGROUND: 

a. DOB: 76/07/11.  Enlmt Age: 17 0/12.  Disch Age: 19 11/12. Educ:HS DIPL. 

AFQT: N/A.  A-79,  E-52,  G-44,  M-83.  PAFSC: 2A531E - Aerospace Maintenance 
Apprentice. DAS: 94/12/31. 

b.  Prior Sv:  (1) AFRes 93/07/20 -  94/06/14  (10 months 25 days) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 94/06/15 for 4 yrs. Svd: 02 Yrs 00 Mo 06 Das, all AMs. 
b.  Grade Status:  AB  -  96/06/13  (Article 15, 96/06/13) 

AMN -  96/01/26  (Article 15, Vacation, 96/05/20) 
A1C -  95/10/15 
AMN  -  (EPR Indicates): 94/06/15-96/02/14 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 96/06/13, Whiteman AFB, MO -  Articles 92, 134, &  128. 
You did, on or about 17 May 96, while being under 21 
years of age, fail to obey a lawful general 
regulation/instruction, to wit: Air Force Instruction 
34-119, para 1.1, dated 25 Jul 94, by wrongfully 
consuming alcoholic beverages at or near dormitory room 
number 107, Columbia Hall.  You were, on or about 17 
May 96, drunk and disorderly which conduct was of a 
nature to bring discredit upon the armed forces.  You 
did, on or about 17 May 96, assault A1C -- -- - -  by 
attempting to hit him with an open hand and by telling 
him you would "kick his ass," of words to that effect. 
Reduction to AB.  (No appeal) (No mitigation) 

(2  96/05/20, Vacation, Whiteman AFB, MO -  Article 92.  You 

did, on or about 17 May 96, while under 21 years of 
age, fail to obey a lawful general 
regulation/instruction, to wit: Air Force Instruction 
34.119, para 1.1, dated 25 Jul 94, by wrongfully 
Reduction to A m .  
consuming alcoholic beverages. 
(No appeal) (No mitigation) 

FD2002-0003 

(3) 96/01/26, Whiteman AFB, MO -  Articles 111 &  92. 
You, did, on or about 13 Jan 96, operate a motor 
vehicle while drunk  and ran a stop sign at the four way 
stop in Knob Noster.  You did, on or about 13 Jan 96, 
while under 21 years of age, fail to obey a lawful 
general regulation/instruction, to wit: Air Force 
Instruction 34-119, para 1.1 dated 25 Jul 94, by 
wrongfully consuming alcoholic beverages. 
A m  (suspended until 25 Jul 96), and 45 days extra 
duty.  (No appeal) (No mitigation) 

Reduction to 

._ 

- 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: 94/06/15 -  96/02/14  Whiteman AFB  4  (Initial) 

(Discharged from Whiteman AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 
i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (01) Das 
TAMS: (02) Yrs  ( 0 0 )   Mos  (06) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 01/12/20. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. College Transcripts. 

02/04/08/ia 

DEPARTMENT OF THE AIR FORCE 

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

._ 

MEMORANDUM FOR 509 BW/CC 

FROM  509BW/JA 
SUBJECT: Fina 

A 

Administrative Discharge Case 
393 BS 

-JuN  1 9 1996 

- 

1.  BASIS OF ACTION  The respondent’s squadron commander initiated discharge action under AFPD 36-32 and 
AFI 36-3208, paragraph 5.49, for minor disciplinary infractions. He recommends an under honorable conditions 
(general) discharge without probation and rehabilitation. 

2.  EVIbENCE FOR THE GOVERNMENT: The record contains sufficient evidence to substantiate discharge 
under paragraph 5.49.  Specific instances of the respondent’s minor disciplinary inhctions include: 

a.  On or about 17 May 1996, he, while being under 2 1 years of age, failed to obey a lawhl general 
regulatiodinstruction, by wrongfully consuming alcoholic beverages at or near dormitory room number 
107. 

b.  On or about 17 May 1996, he was drunk and disorderly. 

c.  On or about 17 May 1996, he assaulted A 1 C 
and by telling him he would “kick his ass,” or words to that effect. 

y attempting to hit him with an open hand 

d.  On or about 13 January 1996, he operated a motor vehicle while drunk and ran a stop sign at the four 
way stop in Knob Noster. 

e.  On or about 13 January 1996, while under 21 years of age, he failed to obey a lawful general 
regulatiodinstruction, by wrongfully consuming alcoholic beverages. 

3.  EVIDENCE FOR THE RESPONDE 
elected to not submit matters in his behalf 
Air Force Training Ribbon. 

20 years old.  He elected not to consulted counsel, and 
ed the Air Force on 6/15/94.  He is entitled to wear the 

- 

n-duty conduct has been marginal.  However, his off-duty conduct has brought 
the eyes of our local civilian communities and has jeopardized the good order and 

4.  DISCUSSION: A 
discredit upon the 
discipline of his unit.  He has also displayed a  poor attitude by failing to obey Air Force Instructions on numerous 
been given many opportunities to correct h 
occasions.  AB‘-as 
efforts failed.  His conduct warrants a discharge for cause.  Retaining 
status is not consistent with good order and discipline. 

However, past rehabilitative 
n active duty in a probationary 

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 that the respondent be separated with an under honorable conditions (general) 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 AFKC) 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 an offer of probation and rehabilitation.  If you agree, please sign the 
attached correspondence and return this file to JA for 

-. 

Attachment: 
Discharge Package - 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 393 BOMB SQUADRON (ACC) 

WHITEMAN AIR FORCE BASE, MISSOURI 

__ 

MEMORANDUM FOR AB 

393 BS 

FROM: 393 BS/CC 
* 
- 

0 

: Notification Memorandum 

1 7  JUY  9% 

- 

1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary infi-actions.  The 
authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If my recommendatiorris 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 or about I7 May 1996, you, while being under 2 1 years of age, failed to obey a lawful general 
regulatiodinstruction, by wrongfully consuming alcoholic beverages at or near dormitory room number 
107, as evidenced by an AF Form 3070, dated 13 Jun 96 and an AF Form 366, dated 28 May 1996.  (Atch 
l a &  lb) 

b.  On or about 17 May 1996, you were drunk and disorderly, as evidenced by an AF Form 3070, dated 13 
June 1996.  (Atch la) 

c.  On or about 17 May 1996, you assaulted A1 
hand and by telling him you would “kick his as 
3070, dated 13 June 1996. (Atch la) 
d.  On or about 13 January 1996, you operated a motor vehicle while drunk and ran a stop sign at the four 
way stop in Knob Noster, as evidenced by an AF Form 3070, dated 26 January 1996. (Atch IC) 

by attempting to hit him with an open 
effect, as evidenced by an AF Form 

e.  On or about 13 January 1996, while under 2 1 years of age, you failed to obey a lawful general 
regulatiodinstruction, by wrongfully consuming alcoholic beverages, as evidenced by an AF Form 3070, 
dated 26 January 1996.  (Atch  IC) 

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The commander exercising SPCM 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 cou 
appointcnent for you to consult Capta 
You may consult civilian counsel at your own expense. 

at 
waww  pgd? 

legal counsel has been obtained to assist you.  I have made an 

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  /700  20 JVd 96 
shown.  I will send them to the separation authority. 

unless you request and receive an extension for good cause 

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. 

on & for the examination. 
7.  You have b  n scheduled for a medical examination.  You must report to Physical Exams at @ T B  D 

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. 

Commander 

Col, USAF 

%e 

- 

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

L 

a.  AF Form 3070, dtd 13 Jun 96 
b.  AF Form 366, dtd 28 May 96 
c.  AF Form 3070, dtd 26 Jan 96 

2.  Documents containiig derogatory information - which are not listed in the 
notification memorandum:  None. 
3.  Airman's receipt of notification memorandum, dated  '1 'I JuH ? 

-