QIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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CASE NUMBER 
FD2002-0004 

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

rhe applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
:xercise this right. 

f i e  attached brief contains the available pertinent data on the applicant and the factors leading to the 
jischarge. 

FINDINGS: Upgrade of discharge is denied. 

The board finds that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety, which would justify a change of discharge. 

The applicant's issue is listed in the attached brief. 

issue.  Applicant  contends discharge was inequitable because it was too harsh  and also contends that he 
should not be penalized indefinitely for a mistake he made when young. The information provided by  the 
applicant and  contained  in  his  records was  carefully reviewed  by  the  DRB.  The records  indicated  the 
applicant received two Article 15s, a Letter of Counseling and a Letter of Admonishment for misconduct. 
The misconduct included failing to obey a lawful order, dereliction of duty and failure to go to appointed 
place  of  duty.  The  DRB  opined  that  through  these  administrative actions,  the  applicant  had  ample 
opportunities to  change his  negative behavior.  The DRB recognized  the  applicant was  20  years of  age 
when the discharge took place.  However, there is no evidence he was immature or did not know right from 
wrong.  The Board  concluded the misconduct outweighed the  otherwise satisfactory performance of  this 
member.  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 fulI administrative due process. 

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade, 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 

(Former AMN)  (HGH A1C) 

FD2 0  2 - 0 0  

1.  MATTER UNDER REVIEW: 
para 5.49 (Misconduct -  Minor DisciplinaG Infractions) . 
Disch. 

Appl  rec’d  a  GEN  Disch fr USAF  99/08/05 UP A F I   36-3208, 

Appeals for Honorable 

2.  BACKGROUND: 

a. DOB: 78/12/02.  Enlmt Age: 18 2/12.  Disch Age: 20 8/12. Educ:HS DIPL. 
AFQT: N/A.  A-48,  E-76,  G-70,  M-75. PAFSC: 2A332B -  F-16  Instruments &  Flight 
Control Avionic Systems Apprentice. DAS: 98/08/10. 

b.  Prior Sv:  (1) AFRes 97/09/18 -  97/12/16 ( 2  months 29 days) (Inactive). 

3.  SERVICE UNDER REWIEN: 

a.  Enlisted as Amn 97/12/17 for 4 yrs. Svd:  01 Yrs 07 Mo 19 Das, all AMs. 
b.  Grade Status:  AMN  -  99/05/20 (Article 15, Vacation, 99/07/28). 

A1C -  98/10/17. 

c.  Time Lost:  none. 
d.  A r t   15’s:  (1) 99/06/30, Luke AFB,  AZ -  Article 92.  You, having 
knowledge of a lawful order issued by SSgt ------, 
Correctional Custody Monitor, to practice doing push- 
ups every day during optional time, an order which it 
was your duty to obey, did, between on or about 26 May 
99 to on or about 31 May 99, fail to obey the same by 
wrorigfully not performing your practice push-ups.  You, 
who knew of your duties, on or about 27 May 99, were 
derelict in the performance of those duties in that you 
wrongfully failed to properly fill out AF  Form  341s, as 
You, who knew of your duties, 
it was your duty to do. 
on or about 28 May 99, w e r e  derelict in the performance 
of those duties in that you wrongfully brought a 
cigarette lighter into the Correctional Custody 
Facility, as it was your duty not to do. 
Arm,  and 21 days extra duty. (No appeal) (No 
mitigation) 

Reduction to 

(2) 99/07/28, Vacation, Luke AFB, AZ  -  Article 92.  You, 

having knowledge of a lawful order issued by SSgt ----- 
-- 
, Correctional Custody Monitor, to practice doing 
push-ups every day during optional time, an order which 
it was your duty to obey, did, between on or about 26 
May 99 to on or about 31 May 99, fail to obey the same 

FD2002-0004 

by wrongfully not performing your practice push-ups. 
You, who knew of your duties, on or about 27 May 9 9 ,  
were derelict in the performance of those duties in 
that you wrongfully failed to properly fill out AJ?  Form 
341s, as it was your duty to do.  You, who knew of your 
duties, on or about 2 8   May 9 9 ,   were derelict in the 
performance of those duties in that you wrongfully 
brought a cigarette lighter into the Correctional 
Custody Facility, as it was your duty not to do. 
Reduction to A m .  (No appeal)  (No mitigation) 

( 3 )   9 9 / 0 5 / 2 0 ,   Luke AFB, AZ -  Articles 86 &  92.  You, did, 
on or about 11 May 99, without authority, fail to go at 
the  time  prescribed to your  appointed place  of duty, t o  
wit: building 9 2 8 .   You, who  k n e w   of your duties, on or 
about 4 May 9 9 ,   were derelict in the performance of 
those duties in that you negligently failed to turn in 
your toolbox or check your employee number, as it was 
your duty to do.  You, having knowledge of a lawful 
order issued by TSgt -------- to be on telephone 
standby, an order which it was your duty to obey, did, 
on or about 4 May 9 9 ,   fail to obey the same by not 
remaining in your dormitory r o o m  on telephone standby. 
You, did, on or about 5 May 9 9 ,   fail to obey a lawful 
general regulation, to wit: Luke AFBI 31-201, dated 17 
Jan 9 7 ,   para 6.23, by wrongfully keeping a dangerous 
weapon inside your dormitory room.  You, who knew of 
your duties, on or about 5 May 99,  were derelict in the 
performance of those duties in that you failed to 
maintain your government quarters to the standards set 
forth in Luke AFBI  32-6002, dated 1 7  Feb  99, Attachment 
4 ,   as it was your duty to do.  Reduction to Amn 
(suspended until 1 9  Nov 99), forfeiture of $ 1 5 0 . 0 0   pay 
per month for 2 months, and 30 days correctional 
custody. (No appeal) (No mitigation) 

e. 

Additional: LOC,  03 MAY 9 9   - Dereliction of duty. 
LOA,  15 APR 99  - Dereliction of duty. 

f. 

CM:  none. 

9- 

Record of SV:  none. 

(Discharged from Luke AFB) 

h. 

i. 

Awards &  Decs:  AFTR. 
Stmt of Sv:  TMS:  (01) Y r s   (10) Mos  (18) Das 
TAMS:  (01) Yrs  (07) Mos  (19) Das 

4 .  

BAS IS 
( Chan 

ADVANCED FOR REVIEW:  Appln (DD Fm 2 9 3 )   dtd 0 2 / 0 1 / 0 2 .  
ge Discharge to Honorable) 

The issues 
Issue 1: 
I was sent 
However when 
fail.  Therefore 
quit or 
to my mistakes. 
ammends 
e, because I am 
honorab 
1 
matter 
i 
s  greatly apprec 

of my lst Article 15 was due to youg aroggance (sic). 
.o Correctional Custody it was arranged so that I would 
I believe I was not given a fair opportunity to make 
I am looking to have my discharge upgraded to 
.nvestigating reenlistment.  Your attention to this 
.ated. 

FD2002-0004 

ATCH 
none. 

02/05/07/ia 

56th FIGHTER WING (AETC) 
Luke Air Force Base Arizona 

3 0 JUL  1999 

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A discharge under this paragraph may only be characterized as honorable if the member’s 

record is so meritorious that any other characterization would be clearly inappropriate.  There is 
service is so meritorious that a general discharge is inappropriate. 
no evidence that Amn 
Thus, I concur with the squadron commander’s recommendation for a general discharge. 
6. PROBATION AND REHABILITATION  Probation and rehabilitation, in accordance with 
s case and is clearly contrary to the best 
AFI 36-3208, Cliapter 7, would be in 
interests of good order and discipline. 
enlistment in which he has received a Letter 
Article 15s, and a Vacation of Suspended Nonjudicial Punishment. 
prior opportunities to rehabilitate himself.  Further probation and rehabilitation would not be 
productive. 

7.  LEGAL SUFFICIENCY:  There is sufficient factual basis to support discharge.  This file has 
been prepared in substantial compliance with the provisions of 
notified ofthis discharge and has had an opportunity to respond. 
administrative correction to the nonjudicial punishment record of 
of this discharge action.  Specifically, the unit commander has substiht 
Suspended reduction in rank fi-om an earlier Article 15 action in lieu of the reduction contained 
in the Article 15 dated 30 Jun 99.  In effect, the vacation action changes Amn 
date of rank 
to 20 May 99, the date of his first Article 15.  This administrative change does not impact the 
legal sufficiency of this discharge.  For these reasons, we find the case file is legally sufficient 
subject to either a review of the airman’s medical records or the inclusion of the discharge 
physical. 

8.  OPTIONS:  As the discharge authority you have the following options: 

a.  Retain the resljondent; or 
b.  Separate the respondent with a general discharge, with or without probation and 

rehabilitation; or 

c.  Forward the case to 19 AFKC recommending the respondent receive an honorable 

discharge, with or without probation and rehabilitation; or 

d.  If you feel an under other than honorable conditions discharge is appropriate, return the 
package to the squadron for processing in accordance with administrative discharge procedures. 

. 

9.  RECOMMENDATION:  Based on the foregoing, I recommend you separate the respondent 
from the-united States Air Force with a general discharge without probation and rehabilitation. 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

63d Fighter Squadron (AETC) 
Luke Air Force Base Arizona 

1 4  JUL  1999 

FROM:  CC 

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SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge h m  the United States Air Force for Minor 
Disciplinary Mi-actions. The authority for this action is AFI 36-3208, Section H, 
paragraph 5.49. Ifmy recommendation is approved, your service will be characterized as 
honorable, general, or under other than honorable conditions.  I am recommending that 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 28 May 99, you were derelict in your duties by wrongfully bringing a 

cigarette lighter into the Correctional Custody Facility.  This is evidenced by an Article 
15, dated 30 Jun 99. 

b.  On 27 May 99, you were derelict in your duties by failing to properly fill out 

AF Form 341s.  This is evidenced by an Article 15, dated 30 Jun 99. 

c.  Between on or about 26 May 99 to 3 1 May 99, you failed to obey a lawful 

order issued by a correctional custody monitor.  This is evidenced by an Article 15, dated 
30 Jun 99. 

d.  On 11 May 99, you failed to report to work on time.  This is evidenced by an 

Article 15, dated 20 May 99. 

e.  On 5 May 99, you failed to obey a lawful general regulation by wrongfully 

keeping a dangerous weapon inside your dormitory room.  This is evidenced by an 
Article 15, dated 20 May 99. 

f.  On 5 May 99, you were derelict in your: duties by failing to maintain your 

government quarters within Ah Force standards. 

g.  On 4 May 99, you were derelict in your duties by negligently failing to turn in 
your toolbox or check your employee number.  This is evidenced by an Article 15, dated 
20 May 99. 

2- 

-kY 
pv 

h.  On 4 May 99, you failed to obey a lawful order issued by TSgt 

on telephone standby.  This is evidenced by an Article 15, dated 20 May 99. 

to be 

i.  On 3 May 99, you were derelict in your duties by failing to properly perform a 
task on aircraft 90-0787. This is evidenced by a Letter of Counseling, dated 3 May 99. 

j.  On 14 Apr 99, you were derelict in your duties by installing a side-stick on 

aircraft NO-0757 and incorrectly documenting the follow on maintenance.  This is 
evidenced by a Letter of Admonishment, dated 15 Apr 99. 

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 a higher 
authority will decide whether you will be discharged or retained in the Air Force, and if 
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 subjected to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  An appointment for you to consult the Area Defense Counsel at Building 
1150, Suite 3015, Luke AFB, AZ, extension 6701 has been scheduled for  1’5 rd9 9 
at  nCi@ 

. You may consult civilian counsel at your own expense. 

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  / 9   j U - /  
receive an extension for good cause shown.  I will send them to the separation authority. 

unless you 

c 

.991 

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 must retrieve your medical records from the 56th Medical Group Hospital 
Outpatient records and immediately report to Physical Exams, Building 8 10, with your 
medical records and your copy of this AFI 36-3208 discharge package for medical review 
and/or examination. 

8.  The Privacy Act protects any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use in your unit orderly room. 

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

Commander 

AF 

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