AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0006 

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 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 
FPDINGS: U p g r a b f  discharge is denied. 

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

Applicant  was  discharged  for  minor  disciplinary  infractions. 

He  received  six  Air  Training 
Issues. 
Command  Form  64 1  Discrepancy  Reports  for  substandard  performance,  two  Records  of  Individual 
Counseling? a  Letter  of Reprimand,  and  two  Articles  15.  His  misconduct  included  multiple technical 
training  Phase  violations,  leaving  his  place  of  duty  for  an  extended  period  for  unauthorized  purposes 
without  permission, underage drinking, violating curfew, and  having an unauthorized female guest in  his 
dormitory room.  Member also had  some academic difficulties including numerous test failures.  Member 
had  no Enlisted Performance Reports during his period of service.  At the time of the discharge, applicant 
consulted counsel and waived  his  right  to  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. 

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CONCLUHONS:  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 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2 0 02 - 0.0 0 6 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 92/09/21 UP AFR 39-10, 
para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

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2.  BACKGROUND: 

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a. DOB: 73/12/07.  Enlmt Age: 17 2/12.  Disch Age: 18 9/12. Educ:HS DIPL. 

AFQT: N/A.  A-70,  E-70,  G-70,  M-72. PAFSC: 32410 - Precision Measurement 
Equipment LAB Halper. DAS: 91/12/13. 

b.  Prior Sv:  (1) AFRes 91/02/08 -  91/10/28 (8 months 21 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 91/10/29 for 4 yrs. Svd: 0  Yrs 10 Mo 23 Das, all AMs. 
b.  Grade Status:  AB -  92/07/17 (Article 15, 92/07/17). 

AMN  -  92/04/29 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 92/08/27, Lowry AFB, CO -  Article 92.  You did, on or-  - 

about 17 Aug 92 fail to obey a lawful general 
r-egulation, to wit: paragraph A1-2b(3), Atch 1 to Air 
Training Command Regulation 52-7, dated 30 Mar 90, by 
wrongfully failing to observe established dormitory 
curfew quiet hours while in Phase 11.  Forfeiture of 
$100.00 pay per month for 1 month, and 14 days 
restriction. (No appeal) (No mikigation) 

(2  92/07/17, Lowry AFB, CO -  Article 92.  You did, on or 
about 9 Jul 92, fail to obey a lawful gen.e-1 
regulation, to wit: paragraph A1-2c(6), Atch 1 to Air 
Training Command Regulation 52-7, dated 30 Mar 90, by 
possessing and consuming alcohol in the dormitory while 
in Phase 111.  Further investigation has disclosed that 
you, did, on or about 9 Jul 92, fail to obey a lawful 
general regulation, to wit: paragraph A1-3e, Atch 1 of 
Center Supplement 1 to Air Training Command Regulation 
52-7, dated 4 Nov 90, by consuming ethyl alcohol within 
the state of Colorado while under 21 years of age. 
Further investigation has disclosed that you, who knew 
or should have known of your duties, on or about 9 Jul 
92, were derelict in the performance of those duties in 
that you willfully permitted a female to enter your 

dormitory room, as it was your duty not to do. 
Reduction to AB, forfeiture of $50.00 pay per  m n t h  f o r  
2  months, 1 4   days restriction, and a reprimand. 
(No appeal) (No mitigation) 

FD2002-0006 

e.  Additional: LOR, 05  MAY 92  -  Substandard duty performance. 

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RIC, 29  APR 92  - Dereliction of duty. 
RIC, 1 9   MAR  92  - Using soda cans as ashtray in dorm room. 
ATC FORM 341,  06 JAN  92  -  27  APR 92  - Six forms for 

substandard-performance. 

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f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Lowry AFB) 

h.  Awards &  Decs:  NDSM, AFTR. 
i.  Stmt of Sv:  TMS:  (01) Yrs  ( 0 7 )   Mos  (14) Das 
TAMS:  (00) Yrs  (10) Mos  ( 2 3 )   Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293)  dtd 0 1 / 1 2 / 2 8 .  

{Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
none. 

02/05/08/ia 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS LOWRY TECHNICAL TRAINING CENTER  (ATC) 

LOWRY  AIR  FORCE BASE CO  80230-5000 

REPLY TO 
AITNOF.  J A C   (Capt 

6-2552 

SUBJECT.  AFR  39-10  Discharge  Legal  Review,  AB 

'i a  SEP 1992 

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TO  3400  TCHTG/CC 

s e p a r a t i o n .  

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admini s tra tive  discharge  package  on 
(Respondent). 

I t  i s  l e g a l l y   s u f f i c i e n t   t o   support  his 

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BASIS  FOR  ACTION:  The 3420  MTF  commander  i n i t i a t e d   discharge  a c t i o n  

2. 
a g a i n s t   Respondent  on  16  Sep  92  under  t h e   p r o v i s i o n s   of AFR  39-10,  Section  H ,  
paragraph  5-46, 
f o r  minor  d i s c i p l i n a r y  i n f r a c t i o n s .   Respondent  engaged  i n  
misconduct  v i o l a t i v e   of  Air  Force  r e g u l a t i o n s   and  the  UCW.  The  commander 
recommended  Respondent  receive  a  g e n e r a l   d i  scharge  w i  thou t  probation  and 
r e h a b i l i t a t i o n .   Respondent  waived  h i s   r i g h t s   t o   c o n s u l t   counsel  and  t o   submit 
s t a t e m e n t s   i n   his behalf. 

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3.  PERSONAL  DATA:  Respondent  i s a  19  year  o l d   s t u d e n t  e n r o l l e d   i n   the 
P r e c i s i o n   Measurement  Equipment  Laboratory  S p e c i a l i s t   course. 
follow:  Admin,  70;  Elect,  70;  Gen,  70;  Mech,  72.  H i s   f i l e  c o n t a i n s   no 
performance  r e p o r t s   as  he  was  i n   s t u d e n t   s t a t u s .   H e   is e n t i t l e d   to  wear  the 
National  Defense  Service  Medal  and  t h e   Air  Force  Training  Ribbon. 

His AQE  s c o r e s  

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EVIDENCE  FOR  THE  GOVERNMENT:  The  basis  f o r   this  a c t i o n   i s  Respondent's 

4. 
misconduct.  Respondent  broke  Phase  I1 r e g u l a t i o n s   on 17  Aug  92  by  f a i l u r e   t o  
o b s e w e   e s t a b l i s h e d   dormitory  curfew -hours,  f o r  which  misconduct  he  received 
Article  15  punishment  on  27  Aug  92.  On 9  J u l  92,  Respondent  broke  Phase  I11 
underage  a l c o h o l  consumption;  consumption  and  possession  of 
r e g u l a t i o n s   by: 
a l c o h o l   i n  his  dormitory  room;  and  p e r m i t t i n g   a  female  i n   his dormi tory  room. 
Respondent  received  Article  1 5  punishment  f o r   these  t r a n s g r e s s i o n s   on  17  J u l  
92.  Respondent  engaged  i n   substandard  duty  performance  wMle  i n   s t u d e n t  
s t a t u s ;   he received  an  LOR  f o r  h i s   shortcomings  on  5  May  92.  Respondent was 
d e r e l i c t  i n  his d u t i e s   on  27  Apr  92,  f o r  which  he  received  an  LOC  a0 29  Apr 
92.  On  18 Mar  92,  Respondent  v i o l a t e d   dormitory  r e g u l a t i o n s ,   f o r  wWeh 
v i o l a t i o n   he  received  an  LOC  011  19 Mar  92.  Between  6  J a n   and  18  May  92, 
Respondent  accumulated  5  ATC  Forms  341  f o r  exhibi ted  d i s c r e p a n c i e s   w h i l e  i n  
-  s t u d e n t   status;  the  Forms  341  hd  received  bear  the  same  i n c l u s i v e   dates. 
SUBMISSIONS  BY  RESPONDENT:  Respondent  waived  his r i g h t s   t o   c o n s u l t  

5. 
counsel and  t o   submi t  statements  i n   h i  s behalf. 

LEGAL  ANALYSIS: 

_I_ 

No documentation  c u r r e n t l y  i n   the  f i l e  reflects  the 

6 .  
results  o f   Respondent's  p h y s i c a l   examination. 
procedures  f o r   t h i s   a c t i o n   s u b s t a n t i a l l y  comply  w i  t h   a p p l i c a b l e   law  and 
Respondent  has engaged  i n  a  course  of  misconduct  t h a t   is of 
d i r e c t i v e s .  
i m p r e s s i v e   d i v e r s i t y  and  scope. 
displayed  an  unwillingness  t o   comport  himself  as  a  responsible  airman. 
a p p l i e d   himself  i n  n e i t h e r   h i s   on  nor  h i s   o f f   duty  conduct. 

For  n i n e   months,  Respondent  has  p e r s i s t e n t l y  
He  has 

The  s t a t e d   b a s i s   and  consequent 

A l l  

AIR  FORCE-kj  GREAT  WAY  OF LIFE 

r e h a b i l i t a t i v e   e f f o r t s   expended  have  been  for naught. 
f o r  thwi th. 

He  should  be  discharged 

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SEPARATION  AUTHORITY:  As  the  separation  a u t h o r i t y ,   you  have  t h e   following 

7. 
op ti on s : 

a.  Retain  Respondent;  o r  

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b.  Approve  the  d i s c h a r g e   recommendation  and  s e p a r a t e   Respondent  w i  t h  a 

g e n e r a l   c h a r a c t e r i z a t i o n ,   e i t h e r  with  or without  probation  and  r e h a b g i t a t i o n ;  
or 

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c. 

I f   you  believe  Respondent’s  service  to  have  been  so  m e r i t o r i o u s   that 
o t h e r   than  an  honorable  discharge  is i n a p p r o p r i a t e ,   then  forward  t o  

the  package  w i  t h   your  recommendation  to  that  e f f e c t ;   o r  

I f   you  believe  Respondent  deserves  an  under  o t h e r   than  honorable 

c o n d i t i o n s   service  C h a r a c t e r i z a t i o n ,   then  so  n o t i f y   Mm  and  o r d e r   a  discharge 

d. 

board  convened . 

8 .   RECOMMENDATION:  Respondent’s  misconduct  and  unwillingness  t o   conform  his 
H i s   service 
behavior  t o   Air  Force  s t a n d a r d s   support  h i s   immediate  separation. 
should  be  c h a r a c t e r i z e d   as  general. 
reha bi li ta ti on. 

H e   should  n o t   receive  probation  and 

DEPARTMENT OF THE AIR  FORCE 
3400 TECHNICAL TRAINING  WING (ATC) 
LOWRY AIR  FORCE BASE CO  80230 

R E P L Y   TO 
ATTH  OF: 
SUBJECT:  Letter of Notification 

3420 TCHTS/MTF  . 

1 6  SEP 1992 

TO:  AB 

3420 TCHTS/MTF  - 
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.&..  I axrecommending your discharge from the United States Air 
Force for minor disciplinary infractions.  The authority for 
this action is AFR 39-10,  Section H, paragraph 5-46.  If my 
recommendation is approved, your service will be characterized 
as honorable or general.  I am recommending that youf service 
be characterized as general. 
2.  My reason for recommending your discharge is that during 
the period from 6 Jan 92 to 27 Aug 92 and within your current 
enlistment, you engaged in a pattern of misconduct consisting 
solely of minor disciplinary infractions.  This is evidenced by 
the following: 

a.  You disobeyed a lawful general regulation by failing to 
observe established dormitory curfew hours while in Phase 11. 
This is evidenced by AF Fm 3070, Art 15, UCMJ, dated 27 Aug 92 
(atch a). 

b.  You disobeyed a lawful general regulation by 

possessing and consuming alchol in the dormitory while in Phase 
IE-I, consuming alcohol while underage, and permitting a female 
in your dormitory room.  This is evidenced by AF Fm 3070, Art 
15, UCMJ, dated 24 Jul 82 (atch b). 

c.  Your duty performance was Substandard,  This is 

evidenced by Letter of Reprimand, by the Commander, dated 5 May 
92 (atch c). 

d.  You were counseled for dereliction of duty.  Tli3.s  is 
evidenced by AF Form 174, Record of Individual Counseling, by 
the Military Training Manager, dated 29 Apr 92 (atch d). 

e.  Your were counseled for using a  soda can as an ashtray 

in your dormitory room.  This is evidenced by AF Form 174, 
Record of Individual Counseling, by the Military Training 
Manager, dated 19 Mar 92 (atch e). 

f.  From 6 Jan 92 through 27 Apr 92, you received six ATC 

Fm341, Discrepancy Reports for substandard performance,(atch  f) 

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g.  Copies o  the documents to de 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 you are discharged, how your 
service will be characterized.  If you are discharged, you will 
be ineligible to reenlist in the Air Force. 
3.  You have the right to consult counsel.  Military legal 
counsel has been obtained to assist you.  I have made an 
ext 64532,  at Bldg 349, on  IqSeq qa  at 083a 
appointment for you to consult Area Defense Counsel, 
may consult civilian counsel at your own expense, 
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4.  You have the right to submit statements in your own behalf. 
Any statements you want the separation authority to consider 
, unless you request and receive an 
must reach me by al%fs 
extension for good cause shown. 
separation authority. 
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. 
6.  You have been scheduled for a medical examination.  You 
must report to the  3415 MEDSQ Clinic at 0700 hours on 14 Sep 
92 for the examination. 
7.  Any personal information you furnish in rebuttal is covered 
by the Privacy Act as explained in AFR 39-10, Atch 6.  A copy 
of AFR 39-10 is available for your use in the unit orderly 
room. 

I will send them to the 

h o w .  You 

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8: 

Execute the attached acknowledgment and return it to me 

Commander, Military Training Flight 
3420th Technical Training Squadron 

3 Atchs 
1.  Supporting Documents 
for the Reasons -_ for 
Discharge: 
92 (atch a) 
92 (atch b) 
(atch c) 
92 (atch d) 
92 (atch e) 
27 Apr 92 (atch f) 

a. AF Fm 3070,  27 Aug 
b. AF Fm 3070,  24 Jul 
c. LOR, 5 May 92 
d. AF Fm 174,  29 Apr 
e.  AF Fm 174,  19 Mar 
f.  ATC Fm 341,  6 Jan- 

2. Other Derogatory 
Information not  li9ted 
in the Letter of 
Notification: 

g.  ATC  Fm 1 2 5 A ’  

w/atchs  (atch g) 
3.  Airman‘s Receipt  of 
Letter of Notification