AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-00 

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

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The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined tc 
exercise this right. 

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

FINDINGS: Upgrade of discharge is denied. 

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

The applicant's issues are listed in the attached brief. 

ISSUE:  The applicant felt his discharge was too harsh because the discharge authority did not take any oj 
the evidence into consideration.  The record indicates the applicant received two Article l5's,  the first foi 
having an unprofessional relationship with a student where he was a member of the staff, and with intent tc 
deceive, made an official statement to a criminal investigator.  The second one was for failure to go at tht 
time prescribed and once there, was drunk while on duty.  In addition, the applicant received two Letters oj 
Counseling for  failure in the Weight Management Program and  a Letter of Counseling for an  unexcused 
absence.  The  record  clearly  indicates  by  the  report  of  investigation  that  the  applicant  did  have  ar 
unprofessional relationship with  a  student and  was guilty  of the  other charges against him.  The Boarc 
concluded the discharge was appropriate for the reasons that were the basis for this case.  No inequity 01 
impropriety in his discharge was suggested or found in the course of the records review.  His misconduci 
was a significant departure from conduct expected of all military members.  The Board concluded that thc 
character and reason for discharge were appropriate due to his misconduct. 

CONCLUSIONS;  The Discharge Review Board concludes that the discharg&wis+mistent with the 
procedural and substantive requirements of the discharge r e g u l a t i d  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 or change the reason for 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 

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(Former A1C)  (HGH SRA) 

FD2002-0017 

1.  MATTER UNDER REVIEW: 
para 5.50.2 (Misconduct -  Conduct Prejudicial to Goo?  Order and Discipline). 
Appeals for Honorable Disch. 

Appl rec’d a GEN Disch fr USAF 01/03/02 UP AFI 36-3208, 

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2.  BACKGROUND: 

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a. DOB: 78/06/12.  Enlmt Age: 18 11/12.  Disch Age: 22 8/12. Educ:HS DIPL. 

A-82,  E-47,  G-48,  M-46. PAFSC: 4R051 - Diagnostic Imaging 

AFQT:  N/A. 
Apprentice. DAS: 99/03/06. 

b.  Prior Sv: (1) AFRes 97/05/29 -  97/11/18 (5 months 20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 97/11/19 for 4 yrs. Svd: 03 Yrs 03 Mo 14 Das, all AMs. 
b.  Grade Status:  A1C -  01/01/26 (Article 15, 01/01/26). 

SRA -  00/03/19. 

c.  Time Lost:  none. 

d.  Art 15’s: 

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(1) 01/01/26, Wright-Patterson AFB, OH -  Article 86.  You 
did, on or about 12 Jan 01, without authority, fail to 
go at the time prescribed to your appointed place of 
duty.  Article 112.  You were, on or about 12 Jan 01, 
drunk while on duty.  Reduction to AlC, and 10 days 
extra duty. (No appeal)  (No mitigation) 

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( 2 )   00/04/13, Wright-Patterson AFB, OH -  Article 92.  You, 
who knew of your duties, between on or about 1 Jul 99 
and on or about 6 Oct 99, were derelict in the 
performance of those duties in that you willfully 
failed to act in accordance with paragraph 3.5 of Air 
Force Instruction 36-2909, dated 1 May 99, by having an 
unprofessional relationship with A1C ------,   a student 
at the Diagnostic Imaging Flight, where youare a 
member of the staff, as it was your duty to do. 
Article 107.  You did, on or about 18 Jan 00,  with 
intent to deceive, make to Criminal Investigator - - - - - -  
an official statement, to wit: that you did not have a 
relationship with A1C - - - - - -   other than being friends, 
or words to that effect, which statement was totally 
false, and was then known by you to be so false. 
Reduction to Amn  (suspended until 12 Oct 001,  14 days 
extra duty, and a reprimand. (No appeal) (No mitigation) 

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e.  Additional: LOC, 15 NOV 0 0   - Unexcused absence. 
f.  CM:  none. 

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FD2002-0017 

g.  Record -0f"SV:  97/11/19 -  99/05/05  Wright-Patterson AFB  E?F@€AF Dir) 
99/05/06 -  00/05/05  Wright-Patterson AFB  3  -(Annual) 
(Discharged from Wright-Patterson AFB)  - 

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h.  Awards &  Decs:  AFTR, AFGCM. 
i.  Stmt of Sv:  TMS: (03) Yrs  (09) Mos  (04) Das 
TAMS:  (03) Yrs  (03) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/08/01. 

(Change Discharge to Honorable) 

Issue 1:  I believe I was wrongly discharged because  (1) They didn't take 
any of the evidence (statement provided by witnesses) into consideration.  I 
believe if the ADC was helpful and the individual would have taken time to 
review my packages, 1 wouldn't have received Art 15's for actions I didn't 
commit . 

Issue 2:  I feel after the second Art. 15 for illegally be drunk on duty, 

which if the evidence is weighed it would be found false.  I truly belief  (sic) 
I was wrongly done and after review you will decide to upgrade my discharge.  I 
would like to thank you for your time and review my application and record. 

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ATCH 
1. DD Form 149. 
2. Applicant's Letter to the Discharge Review Board. 
3 .   Notification- Memorandum. 
4. Response to Administrative Discharge. 
5. Letter of Recommendation. 
6. Written Response to Article 15 Proceeding. 
7.  Appeal of Article 15, UCMJ. 
8 .   Six Letter of Character. 
9. Enlisted Performance Report. 
10. Response to Letter of Reprimand. 
11. Airman Performance Feedback Worksheet. 
12. Memorandum for Recruiter Assistance. 

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02/04/09/ia 

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JEPARTMENT  OF THE AIR  FORCE 

HEADQUARTERS  8 8 T H  AIR  BASE WING  (AFMC) 

WRIGHT-PATTERSON  AIR  FORCE BASE OHIO 

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MEMORANDUM FOR 88 Al3WICV 

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FROM:  88 ABWIJA 

SUBJEC 

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Under AFI 36-3208, para 5.50.2 
74 MDSS 

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1.  I reviewed and found legally sufficient the attached AFI 36-3208 discharge package, 
contingent upon the inclusion of a medical report clearing the respondent for separation.  The 
respondent was advised of his right to consult with legal counsel, or to submit matters for your 

n.  The respondent submitted matters for your consideration. 
s eligible for separation per AFI 36-3208, paragraph 5.50.2, 

Misconduct - Pattern of Misconduct (Conduct Prejudicial to Good Order and Discipline).  I 
recommend the respondent be separated from the Air Force with an under honorable conditions 
(general) discharge. 

74 MDSSKCQ recommends that 
ischarged for Misconduct - Pattern 
pline), AFI 36-3208, paragraph 5.50.2.  The reasons supporting this 

ejudicial to 

recommendation are set forth below and the documentary evidence is contained at tab 3 (atch 1): 

a.  Between on or about 1 July 1999 and on or about 6 October 1999, 

derelict in the performance of his duties by willfblly failing to act in accordance with 

as 

- AFI 36-2909, paragraph 3.5, by having an unprofessional relationship with another military 
member who at the tim 
or about 18 January 2 
investigator about his 
received nonjudicial punishment on 13 April 2000.  The punishment of this misconduct was a 
suspended reduction to the grade of airman, 14 days extra duty and a reprimand.  The nonjudicial 
punishment was subsequently placed in an unfavorable information file. 

us at the Wright 
ve a false official statement to a Go 
ship.  As result of this misconduct, 

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b.  On or about 15 November 2000 
t inforq his sectio 
ceived a letter of counseling dated 15 November 2000. 

left his duty secti 
nt.  For this misconduct, 

c.  On or about 12 January 2001 
iled to go to his 
appointed duty and he was drunk o 
f this misconduc 
received nonjudicial punishment on 25 January 2001.  The punishment 
reduction to the grade of airman first  class and 10 days extra duty.  The nonjudicial punishment 
was subsequently placed in an unfavorable information file, 

as a 

3.  ANALYSIS: 

a.  A discharge for Conduct Prejudicial to Good Order and Discipline includes conduct of a 
nature that tends to disrupt order, discipline, or morale within the military community as well as 
conduct that tends to bring discredit on the Air Force in the view of the civilian community. The 
sing dissent, disruption, and degradation of mission 
misconduct usu 
dereliction of duty, false official statement, failin-ort 
effectiveness. 
duty and his unauthorized use of alcohol, tends to bring 
his prescribed 
discredit on the Air Force in the view of the civilian community and can disrupt order and 
discipline within the military.  These facts establish a basis for discharge for Conduct Prejudicial 
to Good Order and Discipline. 

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ermine that the allegations against the respondent support discharge and that 

ould be discharged, you must decide whether OT not his discharge should be 
od of probation and rehabilitation (P&R).  P&R is appropriate when it 

appears that the affected airman can change his or her pattern of behavior and when retention on 
active duty in a probationary status is consistent with the maintenance of good order and 
discipline in the Air Force.  In support of the recommendation to deny probation and 
rehabilitation, 74 MDSSKCQ advised that prior to 
adverse actions were taken to attempt to rehabilitat 
into conformity with Air Force standards.  These a 
the recommendation to deny P&R.  Therefore, upon consideration of the 
in accordance with AFI 36-3208, Chapter 7, the immediate separation of 
the best interest of the Air Force. 

ischarge, a series of 
to bring his conduct 
ffective.  I concur with 
n, and 
is in 

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c.  If you determine that the respondent should be discharged, you must also determine how to 

characterize the respondent's service during his current enlistment.  Pursuant to AFI 36-3208, 
paragraph 5.48, the service of an airman discharged under paragraph 5.50.2, Pattern of 
Misconduct (Conduct Prejudicial to Good Order and Discipline), shall be characterized pursuant 
to chapter 1 ,-section B.  According to paragraph 1.18 of that section, an airman's service should 
be characterized as general when significant negative aspectsaf the airman'sconduct or 
performance of duty outweigh positive aspects of the airman's military record.  In determining 
the appropriate characterization, the reasons for discharge 
current period of enlistment. Despite rehabilitative efforts 
conform his performance and conduct to Air Force standar 
serious misconduct of dereliction of duty, a false official statement, failing to report for 
prescribed duty and the unauthorized use of alcohol.  These significa 
the positive aspects of his record.  Therefore, it is recommended that 
be characterized as under honorable conditions (general). 

the context of the 

4.  88 AE3WKV OPTIONS:  As separation authority you are empowered to: 

a.  Retain the respondent; 

b.  Discharge the respondent for Misconduct - Pattern of Misconduct (Conduct Prejudicial tu 

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Good Order and Discipline) (MI 36-3208, paragraph 5.50.2), with an under honorable 
conditions (general) discharge, with or without probation and rehabilitation; 

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c.  Refer this case to ASCKC with a recommendation that the respondent be discharged with 

an honorable discharge.  Under M I  36-3208, paragraph 5.48.4, the general court-martial 
convening authority must approve an honorable service characterization when the bask of the 
discharge is under AFI 36-3208, Section H, Misconduct.  The discharge basis in this case is 
paragraph 5.50.2,  a paragraph falling under Section H; or, 

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d.  Return the package to the unit for further processing. 

5.  RECOMMENDATION:  I recommend that the respondent be separated from the Air Force 
with an under honorable conditions (general) discharge under AFI 36-3208, Chapter 5, Section 
H, paragraph 5.50.2, Misconduct - Pattern of Misconduct (Conduct Prejudicial to Good Order 
and Discitdine). If YOU concur. please sim the attached letter at tab 1. 

I concur. 

AssistanTStaff Judge Advocate 

(Skff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS,  88TH AIR BASE WING (AFMC) 
WRIGHT-PATTERSON AIR FORCE BASE, OHIO 

c- MEMORANDUMFOR 
FROM:  74 MDSS/CCQ 

SUBJECT:  Notification Memorandum 

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1.  I am recommending your discharge fkom the United States Air Force for Misconduct - 
Conduct Prejudicial to Good Order and Discipline.  The authority for this action is AFPD 36-32 
and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your service will be 
characterized as honorable or under honorable conditions (general).  I am recommending that 
your service be characterized as under honorable conditions (general). 
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2.  My reasons for this action are: 

a.  Between on or about 1 July 1999 and on or about 6 October 1999, you were derelict in the 
performance of your duties by willfully failing to actin accordance with MI 36-2909, paragraph 
3.5, by having an unprofessional relationship with another military member who at the time was 
in a student status at the Wright Patterson Medical Center.  Also, on or about 18 January 2000, 
you gave a false official statement to a Government investigator about your unprofessional 
relationship.  As result of this misconduct you received nonjudicial punishment on 13 April 
2000.  The punishment of this misconduct was a suspended reduction to the grade of airman, 14 
days extra duty and a reprimand.  The nonjudicial punishment was subsequently placed in an 
I unfavorableinformation file. 

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b.  On or about 15 November 2000, you left your duty sectkn without prior approval and did 

not inform your section of your appointment.  For this misconduct you received a letter of 
counseling dated 15 November 2000. 

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c.  On or about 12 January 2001, you failed to go to your prescribed place of appointed duty 

and you were drunk on duty.  As a result of this misconduct you received nonjudicial punishment 
on 25 January 2001.  The punishment for this misconduct was a reduction to the grade-of airman 
first class and- 3 0 days extra duty.  The nonjudicial punishment was subsequently placed in an 
unfavorable information file. 

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 

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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 counsel.  Mili 
I have made an appointment for you to consult 
office, Building 199, Kittyhawk Area, Wright-Patterson AFB, OH, (937) 257-7841, on 

1 has been obtained to assist you. 
t the Area Defense Counsel's 

FA  o\  at  I  5 00  . 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 authzty to consider must reach me within 3 working days of your r e c e i p m i s  
letter, unless you request and receive an extension for good cause shown.  I will send your 
statements to the separation authority. 

6. If you fail to consult counsel or to submit statements in your own behalf, your fa&re  will 
constitute_a.waiver of your right to do so. 

7.  You have been scheduled for a medicalexamination.  You must report to the 74th Medical 
Group, Aerospace Medicine, Building 830, Wright-Patterson AFB, OH, at 9 :ob on 
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for the examination. 

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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 the orderly room. 

Section Commander 

Capt, USAF, NC 

Attachments: 

-  1.  Afticle r5,13 Apr 00 

2.  Letter of Counseling, 15 Nov 00 
3.  Article 15,25 Jan 01 
4.  Letter of Counseling, 28 Mar 00 
5.  Letter of Reprimand/UIF, 26 Sep 00 
6.  Letter of Reprimand/UIF, 26 Oct 00 
7.  UIF 

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