AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD2002-00 14 

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 an Article 15, a Letter of Reprimand and a Letter of Counseling for misconduct.  The 
misconduct included failure to go to appointed place of duty and sleeping on 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 full 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 

FD2002-0014 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN  Disch fr USAF 94/06/02 UP AFR 39-10, 
- 
para 5.11i &  5-46 (Mental Disorders &  Misconduct -  Minor Discidinarv 
Infractions) .  Appeal .s  for 
2.  BACKGROUND: 

Honorable Disch. 

L 

a. DOB: 75/11/18.  Enlmt Age:  17 7/12.  Disch Age: 18 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-80,  E-73,  G-59,  M-39. PAFSC: 1C331 - Command and Control 
Apprentice. DAS: 94/01/05. 

b.  Prior Sv: (1) AFRes 93/06/30 -  93/07/13 (14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 93/07/14 for 4 yrs. Svd: 00 Yrs 10 Mo 19 Das, all AMs. 
b.  Grade Status:  AB -  94/04/15 (Article 15, 94/04/15) 

> 

AMN  -  94/01/14 

c.  Time Lost:  none. 

d.  A r t   15's: 

(1) 94/04/15, Offutt AFB, NE -  Article 86.  You, did, on or 

about 30 Mar 94, without authority, fail to go at the 
time prescribed to your appointed place of duty.  You 
did, on or about 31 Mar 94, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Reduction to AB.  (No  appeal) (No  mitigation) 

e.  Additional: LOC, 12 MAR  94 - Sleeping on duty. 
f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Offutt AFB) 

h .   Awards &  Decs:  NDSM, AFTR. 
i.  Stmt of Sv:  TMS: (00) Yrs  (11) Mos  (03) Das 
TAMS:  (00) Yrs (10) Mos  (19) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln (DD Fm 293) dtd 02/01/04. 

(Change Discharge to Honorable) 

FD2 0 02 - 0 0 14 

Issue 1:  In recent years I have come to realize the mistakes I made while 

enlisted in the United States Air Force.  However, I do not feel that those 
mistakes made as a teenager should affect the rest of my adult life. 
The reason 
I am requesting a discharge change is so that I may be given a second chance to 
serve my country in the Armed Forces. 

Thank you for your time. 

ATCH 
none. 

02/05/08/ia 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

HEADQUARTERS  55TH W I N G  (ACC) 

OFFUTT AIR  FORCE BASE.  NEBRASKA 

FROM:  55 W W J A  

STOP CODE 2100 

SUBJECT : 

inistrative Discharge Action -  AB 
55 MSSQ 

1.  The  attached file pertaining  to the proposed discharge  action against AB 

56 MSSQ  has been reviewed and found legally sufficient. 

2.  BASIS  FOR 
Lieutenant Colonel 
discharged  under 
That  Interfere 
Misconduct Consisting Of Minor Disciplinary  Infractions. 

THE  ACTION:  The 55th  Mission  Support  Squadron  Commander, 
has recommended  that the respondent be 
30-10, paragraphs 5-111  for Conditions 
and 5-46,  for 

Service  -  Mental  Disorders 

With Military 

r notified AB 
be discharge 

by  letter on 17 May 94 that he was 
3.  FACTS:  The c 
the  United  States Air  Force for 
recommending  AB 
Service  -  Mental  Disorders  and 
Conditions  That  Interfere  With  Military 
Misconduct Consisting Of Minor Disciplinary  Infractions, pursuant  to AFR 39-10, 
Section  B,  paragraph  5-111, and  Section H,  paragraph  5-46. The  commander 
recommended  discharge  without probation  and rehabilitation.  The  respondent 
acknowledged  receipt  of  the  letter  of  notification 
on  17 May  94.  The 
respondent  is  being processed  by  the  Notification  procedure  in  AFR 39-10, 
Chapter  6,  Section  B.  The  respondent 
notice  of  the 
commander's  recommendation  for discharge,  of  the  reasons for  it and of  the 
least  favorable type of separation authorized,  and he was  given copies of the 
documents supporting the recommendation for discharge.  Further, the respondent 
was  advised of  his rights  to consult  counsel, to  submit statements  in his 
behalf, or to waive these rights. 

was given  written 

4.  EVIDENCE FOR THE 00VERNMENT: 

- 

was observed several  times sleeping 
tter Of Counseling  (LOCI.  '(Atch 1-11 

a.  On  or about  12  Mar  04, AB 
receiv 
while on duty.  AB 
b.  On or about 30 Mar  94, AB 
,I  without authority, failed to go at the 
time  prescribed  to his appointed place  of duty, to wit:  Chemical  Warfare 
Training. 
, without  authority, failed  to go at the 
On  or about 31 Mar  94,  AB 
time  prescribea to his appointed place of  duty, to wit:  55th Wing  Command 
Post. 

For  these acts of  misconduct  AB 
received  non 
accordance with Article  15, UCMJ, dated 28 Apr 04. AB 
reduction  to the grade of Airman Basic effective  15 
on  t 
on AB 

1  punishment  in 
also received a 
and was placed 
rol Roster and an Unfavorable  Information File was established 
dated  15 Apr 04.  (Atch 1-21 

c.  On  or  about  5 Apr  94, AB 
the Area Defens 
appointment 
informed AB 
that effective the next day, AB 
0730 -  1430) until  his  legal si 
straight  d 

was  released  from  du 
el.  At 

ould begin working 
ad been resolved. 
and Amn 
command  post personnel, Sgt 
that his duty hours would be 0730 -  1430.  On 6 
show up  for wor 
imately 0920, AB 
not  in his  room.  At  approxima 

in his dorm room by  the 55  MSSQ  Section 
reFeived a Letter Of Reprimand  (LOR) dated 

d.  On  or about  27 Apr 
health  evaluation of AB 
I:  Adjust 
was 
occupational  problem,' 

'Axis 

difficult 
1-41 

diagnosis was  rendered following  a mental 
linical Psychologist.  That diagnosis 
r  with  mixed  emotional 
features; 
opinion of  the Clinical Psychologist 
unsuitable  for military  service, AB 
is poor, and the  disorder makes it 
(Atch 

adjustment to  military 

for him to perform in the stressful military environment. 

r about  15 Apr 04, AB 
received a verbal 
the Squadron Section Commander, regarding AB 
s dormitory  room withou 
permit others 
also warned AB 
of  the repercussions for 

of that responsibility.  (Atch 1-51 

lling from Capt 
responsibility 
present.  Capt 
rther violation 

5.  EVIDENCE  FOR THE RESPONDENT:  The respondent is 20 years old.  His TAFMSD.is 
14  Jul 03 and his current enlistment  for 4 years began on 
14 Jul 03.  He was 
assigned  to his current unit on 5 Jan 04.  Member does not have enough time in 
service  to warrant  an EPR  in accordance  with AFR 39-10,  paragraph 6-4b.  AB 
feels there has 
notes that this 
11 this would be 

notes he has made mistakes and a  few bad decision 
misunderstanding and  lack of  communication.  AB 
should  not be a reason to end his Air Force Career and h 
taken into consideration when making the final decision about his career. 

does not measure up to today's  quality standards.  He 
6.  DISCUSSION:  AB 
ble  for  the military  regimen  as evidenced  by his 
is  a young  adult 
s warranted. Beaause there are two separate 
repeated  misbehavior.  Separ 
you, as  the  separation  authority,  must 
bases  for  discharge  of  AB 
primary  basis for discharge.  If he is 
e 
determine  what reason to cit 
discharged  for his diagnosed 
disorder alone, the worst  characterization 
p'ossible  is honorable.  If he is 'aischarged  for minor disciplinary infractions 
you  can award a general discharge, or  recommend further processing  for either 
an honorable or 
ther than honorable conditions disaharge. 
The negative 
aspects  of AB 
conduct  outweigh  the positive  aspects of  his record. 
is  warranted. 
Thus,  a 
Suspension of  the discharge for  probation and rehabilitation is not warranted. 

discharge  is  appropriate.  Separation 

general 

.. 

7.  ERRORS  OR  IRREUULARITIES: There are no error8 or irregularities to 
the prejudice of  the substantive rights of  the respondent. 
8.  OPTIONS:  In accordance with AFR 39-10, paragraphs  1-18 and 5-53, 
you may  as the special court-martial convening authority: 

, 

_- 4s 

direct retention based on your determination that the evidence 

a. 
is’ insufficient  to support discharge; 

b.  direct  separation  of  the member  with an honorable  discharge-,’ under 
paragraph  5-111  for Conditions That  Interfere With Military Service, with 
or without probation and rehabilitation; 

c.  direct  separation  of  the  member  with  a  general  discharge  under 
paragraph  5-46  for  misconduct, 
and 
rehabilitation; 

or  without 

probation 

with 

d.  refer the file to the Commander, 12 A F N C  with a recommendation 
that  the member receive  an honorable  discharge under  paragraph 5-46 for 
misconduct; or 

e.  return  the  file  to  the unit  and  direct it  be  resubmitted  under 
paragraph  5-46 for misconduct  as a board  case with a recommendation that an 
under other than honorable conditions discharge be considered. 

9.  RECOMMENDATIONS : I recommen 
and direct the separation of  AB 
5-46  for  misconduct 
rehabilitation under AFR 39-10, Chapter 7 not be offered. 

ou approve this discharge action 
with a general discharge under paragraph 
probation  and 

and that  an  opportunity 

for  formal 

Staff Judge Advocate 

DEPARTMENT O F  T H E  A I R   FORCE 

H E A D Q U A R T E R S   5 5 T H   WING ( A C C )  

O F F U T T  AIR  F O R C E   BASE. N E B R A S K A  

MEMORANDUM FOR 55 MSSQ/CP 

ATTENTION:  AB 

FROM:  55 MSSQ/CC 

STOP CODE 4017 

-  SUBJECT:  Letter of  Notification 

1.  I am recommending  your discharge  from the United States Air Force 
for Conditions That  Interfere With  Military  Service -  Mental  Disorders 
and Misconduct Consisting Of  Minor Disciplinary  Infractions.  The 
authority  for this action is AFR 39-10, Section B, Paragraph 5-111 and 
Section H, Paragraph 5-46.  I f   my  recommendation  i s   approved, your 
service will be characterized as general  or honorable.  I  am 
recommending  that your service be  characterized as general. 

2.  My  reasons f o r   this action are: 

a.  On or about  12 Mar 94, you were  observed  several times sleeping 
while on duty.  You received a Letter Of  Counseling  (LOCI. 
(Atah 1- 11 

b.  On or about  30 Mar  04, you, without authority, failed to go at 
the time prescribed  to your appointed place of  duty, to wit: 
Chemical Warfare Training. 

On or about 31 Mar  94, you, without authority,  failed  to go at  the 
time prescribed  to your appointed plaae of  duty, to wit:  56th Wing 
Command Post. 

For these acts of  misconduct  you received nonjudicial  punishment  in 
accordanoe with  Artiale  15, UCMJ, dated 28 Apr 94. You also 
received a reduction to the grade of  Airman Basic effective  15 Apr 
04, were placed  on the Control Roster and an Unfavorable 
Information File was established on you dated  16 Apr 94. 
(Atch 1-2) 

c.  On or about 5 Apr  04, you were released  from duty after an 

th 
i or 

AreWDefense Counsel.  At  that time MSgt 
you that effective the next day, you-would 

begin working  straight days,  (0730 -  1430) until your legal 
situation had  been r 
post  personne-1 , Sgt 
your duty hours woul 
show up  for work, and when MSgt 
approximately 0920, he stated t 
approximately  1030 you were  fou 
55 MSSQ Section Commander, Capt 
Reprimand  (LOR) dated  15 Apr  94.  (Atch 1-31 

y, two other command 
also told you that 
.  On 6 Apr  Q 4 ,   you failed to 
confacted your roommate at 
you were not  in your room.  At 

ng  in your dorm room by  the 
You received a Letter O f  

d.  On or about  the 27 Apr  94, a diagnosis was rendered  following a 
mental health evaluation of  you  by  a Clinical Psychologist.  That 
diagnosis was  ‘Axis I:  Adjustment Disorder with mixed  emotional 
features; occupational problem,’ and  it is the opinion of  the 

.  Clinical Psychologist  that  this disorder renders you unsuitable for 
military  service, your adjustment  to military  service is poor,  and 
the disorder makes  it difficult  for you to perform in the stressful 
military  environment.  (Atch 1-41 

e.  On or about  15 Apr 94, you received a verbal  counselling  from 
Cap t 
the Squadron Section Commander, regarding your 
your dormitory room 
resp 
without you being  present.  Capt 
also warned you of  the 
repercussions for any further violation of  that responsibility. 
(Atch 1-51 

y  not  to permit othe 

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.  If you are 
discharged, you will  be  ineligible for reenlistment  in the Air Force 
and probably  any other branch of  the military. 

4.  You have the right  to consult counsel.  Military  legal  counsel has 
been obtained to assist you.  I  have made an appointment  for you to 
consult Capt 
ext  3939, at  1000 hrs on 20 May  94.  You may  consult civilian counsel 
at your own  expense. 
5.  You have the right  to submit statements in your own  behalf.  Any 

Area Defense Counsel, Bldg  3232, Rm 302, 

want  the separation authority  to consider must reach me 

shown. 
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 S O .  
7.  Any  personal  information you furnish in rebuttal  is aovered by  the 
Privacy Act  Statement as explained  in AFR 39-10, attachment  2.  A  copy 
of  AFR 39-10 is available  for your use  in the unit  orderly room. 

8.  Please acknowledge this letter by  executing  the attached 
ack 

’  Commander, 55 MS* 

Attachments 
1-1.  Art  15; dtd  28 Apr 94 
1-2. LOC 
1-3. LOR; dtd  15 Apr 04 
1-4.  Mental  Health Eval; 
dtd  27 Apr 94 
1-5. MFR;  dtd  15 Apr 94 

* 

I-