AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD02-00 

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 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 

FD2002-0015 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/07/20 UP AFI 36-3208, 
para 5.50  (Pattern of Misconduct).  Appeals for Honorable Disch, to Change RE 
Code, and Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 79/06/07.  Enlmt Age: 19 8/12.  Disch Age: 22 1/12. Educ:HS DIPL. 

AFQT: N/A.  A-45,  E-46,  G-32,  M-15. PAFSC: 35031 - Personnel Apprentice. 
DAS: 99/08/09. 

b.  Prior Sv: (1) AFRes 99/02/26 -  99/04/14  (1 month 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 99/04/15 for 4 yrs. Svd: 02 Yrs 03 Mo 06 Das, all AMs. 

b.  Grade Status:  A1C -  00/08/15 
AMN -  99/10/15 

c.  Time'-Lost:  none. 

d.  Art 15's: 

(1) 00/01/21, Kirtland AFB, NM  -  Article 92.  You, who knew 
of your duties, on or about 8 Jan 00, were derelict in 
the performance of those duties in that you willfully 
failed to refrain from consuming alcoholic beverages 
while under the age of 21, as it was your duty to do. 
Reduction to AB  (suspended until 20  Jul 001,  14 days 
restriction, and 14 days extra duty. 
(NO appeal) (NO mitigation) 

e.  Additional: LOC, 21 SEP 99 - Unauthorized absence. 

LOC, 15 MAY 0 0   - Late to work. 
LOR, 06 JUL 01 - Failure to go. 
LOR, 06 JUL 01 - Domestic dispute. 

f.  CM:  none. 

g.  Record of SV: 99/04/15 -  00/12/14  Kirtland AFB  4 

( Initial) 

(Discharged from Kirtland AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS: (02) Yrs 
TAMS: (02) Yrs 

04) Mos  (25) Das 
03) Mos  (06) Das 

FD2002-0015 

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

(Change Discharge to Honorable, Change RE Code, and Change Reason and 

Authority for Discharge) 

Issue 1:  The reason I would like my discharge changed is because of the 

circumstances in which it was given.  Under age drinking in my home 2 yrs ago at 
20 yrs old got me an Article 15.  Two yrs past and there wasn't another problem. 
My wife and I get in a minor altercation, which caused me to leave and walk it 
off.  My first shirt spoke to me that night and told me that it was the right 
thing to do, but the next day he took action.  I didn't understand why.  I had 
to report to my 0-6 over it and I was very upset that I had to do that and I 
didn't break the law.  So when the 0 - 6   asked me if I wanted to stay in I told 
him no sir, the military is too ridged and that the rules weren't set up to help 
out the airmen.  I spoke out of anger.  I now see that if a first shirt wants to 
make someone seem like a bad troop that he can.  I should have completed my  term 
like I said and I would he (sic) gotten an honorable discharge, but that's now 
past history, but I would like to say the Air Force has helped make me the good 
man I am today and for that I'm grateful.  I would like to explore reserve 
options or guard, but I must first upgrade my discharge.  If the airforce (sic) 
doesn't want to let me back then I will take the honorale discharge and go to 
one of our sister services.  Thank you for listening to me.  I hope that you 
find it inside to give a young man a chance again at your Airforce  (sic). 

ATCH 
none. 

02/04/08/ia 

: DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 377TH AIR BASE WING (AFMC) 

MEMORANDUM FOR 377 ABW/CC 

FROM:  377 ABW/JA 

SUBJECT:  Administrative Discharge - A1C 

AFRL, Det 8) 

1.  INITIATION OF ACTION:  C 

AFRL, Det 8/CC, recommends that A1C 
misconduct, specifically a pattern of misconduct, 
he further recommended that Respondent receive 

a general (under honorable conditions) discharge without an opportunity for probation and rehabilitation 
(P&R). 

2.  RESPONDENT:  Respondent, 21, has been in the Air Force for approximately two years and three months. 
He was assigned to his current unit on 9 Aug 00. 

3.  RESPONDENT’S SUBMISSION:  Respondent was offered the opportunity to consult with his military 
legal counsel and submit a written response on his behalf.  He waived these rights (see Member’s Response to 
Administrative Discharge Action). 

4.  DISCUSSION: 

a.  Basis for Discharge: Respondent’s disciplinary record reflects two Letters of  Counseling, two Letters of 
Reprimand and an Articles 15.  Shortly after Respondent arrived on station, Respondent received his first LOR 
for failure to return to duty after a dental appointment because he took his wife downtown for personal reasons; 
further, he was counseled for spending excessive time on government phones for taking care of personal 
business.  In May 00, Respondent received another LOC for failing to return to duty on-time after lunch and 
failing to notify his supervisor that he would be late, resulting in another military member missing an 
appointment.  In Jan 00, Respondent received an Article 15 for underage drinking.  This month, Respondent 
received two LORs for the following offenses: failing to report to the Health and Wellness Center for an 
ergometry test at the appointed time and for excessive drinking (a six-pack of beer), resulting in a domestic 
dispute in which his wife called Security Forces because she feared for her safety.  There is a sufficient basis 
for discharge. 

b.  AmroDriateness of Discharge:  Respondent’s fust misconduct occurred the fust month after he arrived 

on station and has continued since then. His five administrative disciplinary actions during his two years of 
active duty do not support continued military service. Repeated attempts to change and improve his behavior 
have failed; for example, he has two alcohol-related actions for alcohol use, and he has a continuing pattern of 
failing to return to duty.  The legal office has consulted with the Commander recommending discharge, because 
{he documented misconduct appears to be less egregious than in other packages.  According to the Commander, 
Respondent has been a poor performer during the entire two years he has been assigned to AFRL.  His 
supervisors have advised him for hours on end re 
to complete even the simplest tasks.  Further, Cap 
initiated, that there were allegations that Responden 
drunken state at the dorm.  Although these circumstances cannot be considered as a basis for discharge, they 
played a part in the Commander’s decision-making. Discharge is appropriate and would be in the best interest 
of the Air Force. 

und out, after this discharge package was 
ened to kill three military members while in a 

’  mediocre job performance, and he lacks motivation 

c.  Characterization of Service:  Table 1.3 of AFI 36-3208 provides that a discharge for a pattern of 

misconduct may be characterized as either honorable, general (under honorable conditions), or under other than 
honorable conditions (UOTHC).  Only the General Court-martial Convening Authority can approve an 

honorable or UOTHC discharge.  A general discharge is appropriate when significant negative aspects of an 
airman’s conduct outweigh the positive aspects of his military record.  Respondent’s short tenure in the Air 
Force, coupled with his acts of misconduct, warrant a general discharge. The repetitive nature of his misconduct 
is the most significant aspect of Respondent’s military record and, therefore, outweighs its positive aspects. 
d.  Probation and Rehabilitation:  Respondent is eligible for P&R under AFI 36-3208, Chapter 7 and 

requests P&R.  The Commander does not recommend P&R.  P&R is generally reserved for members who have 
demonstrated a potential to serve satisfactorily, have the capacity to be rehabilitated, and whose probationary 
retention on active duty is consistent with the maintenance of good order and discipline in the Air Force. 
Respondent has not demonstrated any potential to serve satisfactorily and has shown, through his conduct, that 
he does not have the capacity to be rehabilitated. His retention on active duty would not be consistent with 
maintaining good order and discipline.  Multiple attempts to rehabilitate Respondent’s behavior have been 
unsuccessful.  P&R is not appropriate for Respondent. 

e.  Legal Sufficiencv:  This action is legally sufficient. 

5.  ERRORS OR IRREGULARITIES:  None. 

6.  OPTIONS: As the Separation Authority, you may: 

a.  Retain Respondent; 

b.  Approve the separation with an honorable discharge, with or without P&R; 

c.  Approve the separation with a general discharge, with or without P&R; or 

d.  Return the frle to the unit with a recommendation that Respondent be processed for separation with 

an UOTHC discharge. 

7.  RECOMMENDATION: That you approve Res 
P&R.  If you have any questions, please contact Cap 

aration with a general discharge without 
at 64170. 

I concur. 

Assistant Staff Judge Advocate 

Staff Judge Advocate 

DEPARTMENT OF THE AIR  FORCE 
AIR  FORCE RESEARCH LABORATORY,  DET 8 (AFMC) 

KIRTLAND AIR  FORCE BASE NEW MEXICO 

MEMORANDUM FOR A 1 C 

FROM: AFRL, DET 8/CC 

SUBJECT:  Notification Memorandum 

F- 

1. I am recommending your discharge from the United States Air Force for misconduct, 
specifically, a pattern of misconduct.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.50.  Copies of the documents to be forwarded to the separation authority to 
support this recommendation are attached. 

2.  My reasons for this action are: 

a.  On 21 Sep 99, you left for your dental appointment scheduled for 1015 hrs at approximately 

0930 hrs. You did not return to work until approximately 1410 hrs.  Upon discussing the reason 
why you were so late, you mentioned you only have one car and you had to take your wife 
downtown to take care of personal business, however you failed to noti@ your immediate 
supervisor or anyone else of your situation.  For your actions you received a Letter of Counseling 
(LOC), dated 21 Sep 99.  (Atch A) 

b.  On 15 May 00, you left for lunch at 1200 hrs 
1340 hrs. Upon discuss 
to return and after waiting approximately 10-1 5 minutes you walked to 

return until approx 
residence for Amn 
his residence and let him h o w  that it was already past time to return to work.  Your lateness 
caused an impact on the manning of the office.  For your actions you received a LOC, dated 15 
May 00.  (Atch B) 

c.  You, who knew of your duties at or near KAFB, NM, on or about 8 Jan 00, were derelict in 

the perfomance of those duties in that you willfully failed to rehin from consuming alcoholic 
beverages while under the age of 21, as it was your duty to do.  For this offense you received an 
Article 15, nonjudicial punishment, dated 25 Jan 00.  (Atch C) 

- 

d.  On or about 27 Jun 0 1, you failed to go 
Wellness Center for an appointment with M 
appointed time.  For your actions your recei 

pointed place of duty, to wit: ‘Health and 
r your cycle ergometery test at the 

dated 6 Jul 01.  (Atch D) 

- 

- 

e.  On 30 Jun 01, MS 
phone call concerning a 
enforcement desk.  MS 
by Security perso 
wife stated to MS 

Phillips Research Site Acting First Sergeant, received a 

e at approximately 2320 from the 377* SFS law 
ved at your home at approximately 241 5 and was briefed 
ned 91 1 following a verbal altercation with you.  Your 

at you had consumed a six pack of beer, a verbal altercation 

ensued, and your behavior became bizarre and unpredictable, causing her to fear for her safety. 
For your actions you received a LOR, dated 6 Jul 01.  (Atch E) 

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 you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an a 

intment for you to consult Captain 

at building 20200, ext. 6- 
hours.  You may consult civilian counsel at your own 

5554,on  W&Q c%p"  at  / 

expense. 

52  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays fiom today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 
7.  You will complete a medical examination at the 377th Medical Group on &\ 
1q 00 

.dl  at 

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 unit orderly room. 

- 

Attachments: 
A. LOC, dated 21 Sep 99 
B. LOC, dated 15 May 00 
C. Art-15, dated25 Jan 00 
D. LOR, dated 6 Jul 01 
E. LOR, dated 6 Jul 01 
F. UIF entry dated 6 Jul 01