AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD02-0024 

I 

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

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

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

FINDINGS: Upgrade of discharge is denied. 

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
and after a thorough review of the record, the Board was able to identify none that would justifi a change of 
discharge. 

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the 
available service record.  The Board reviewed the entire record and found no evidence of impropriety or 
inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had 
received a Letter of Reprimand for Adultery and found guilty by a Summary Court Martial for Adultery. 
The Board concluded the disciplinary infractions were a significant departure from the conduct expected of 
all military members.  The Board found no evidence of impropriety or inequity in this case on which to base 
an upgrade of discharge. 

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 hrther 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 

FD2002-0024 

_ -  

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec‘d a GEN Disch fr USAF 98/01/13  UP AFI 36- 3208, 
para 5 . 5 2 . 3   (Misconduct -  Commission of a Serious Offense).  Appeals for 
Honorable Disch. 

- 

2.  BACKGROUND: 

a. DOB: 76/09/18. 

Enlmt Age: 1 7   1 0 / 1 2 .   Disch Age: 2 1  3 / 1 2 .   Educ:HS DIPL. 

AFQT: N/A.  A-70,  E- 92,  G-86,  M-   4 .   PAFSC: 2A453  - Aircraft Command Control 
and Navigation Systems Journepan. DAS: 95/08/10. 
b.  Prior Sv: (1) AFRes 94/08/12  -  94/08/23 

( 1 2   days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a. 

b. 

Enlisted as AB 94/08/24  for 4  yrs. Svd: 0 3   Yrs 04  M o   20  Das, all AMs. 
Grade Status:  AMN  -  97/12/19  (SCM, 97/12/19) 

SRA  -  97/08/24 
AlC/AMN -  (EPR Indicates): 9 4 / 0 8 / 2 4 - 9 6 / 0 4 / 2 3  

C. 

Time Lost:  none. 

d. 

Art 15‘s:  (1) none. 

e. 

f. 

Additional: LOR, 1 2   NOV 97  - Adultery. 
CM:  Summary Court Martial -  97  Dec 1 9  

CHARGE I:  Article 92.  Plea: Guilty.  Finding: Guilty. 
Specification:  Having knowledge of a lawful order issued by 1 L t   - 
_ - _ _ _ _ _  
, to have no physical, verbal, or written contact with or 
enter the work place of Ms. - - - - - - -   or words to that effect, an 
order which it was his duty to obey, did, within the territorial 
limits of the continental United States, on or about 28  Nov 97, 
fail to obey the same by wrongfully going to Texas with Mrs. - - - - -  
- - - -  

CHARGE 11:  Article 1 3 4 .   Plea: Guilty.  Finding: Guilty. 
Specification:  A married man, did, within the territorial 
limits of the United States, on divers occasions between on or 
about 1 3   Sep 9 7 ,   and on or about 28  Nov 9 7 ,   wrongfully have sexual 
intercourse with Mrs. -- - - - - -  , a married women not his wife. 
Sentence adjudged on 1 9  Dec 97:  Reduction to E- 2,  forfeiture of 

FD2002-0024 

$250.00 and 5 days confinement. 

g.  Record of SV: 94/08/24 -  96/04/23  Offutt AFB  5  (Initial) 
96/04/24 -‘97/04/23  Offutt AFB  5  (Annual) 

(Discharged from Offutt AFB) 

h.  Awards &  Decs:  AFTR, AFOUA, AFGCM. 
i.  Stmt of Sv:  TMS:  (03) Yrs  (05)  Mos  (02) Das 
TAMS:  (03) Yrs  (04) Mos  (20) Das 

4.  BASIS ADVANCED FOR  REVIEW:  A p p l n   (DD  Fm 293) dtd 02/01/09. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
none. 

02/04/15/ia 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 55TH WNG (ACC) 

OFFUTT AIR FORCE BASE, NEBRASKA 

_ _  

9 January 1998 

- 

MEMORANDUM FOR 55 WGKC 
FROM:  55 WGIJA 
SUBJECT:  Legal Review:  Administrative Discharge Action- 
8yRS (ACC) 

1.  INITIATION OF ACTION:  On 24 December 1997, the commander, 3 8th Reconnaissance 

e was recommending his discharge for 
PurSUant to AFPD 36-32 and AFI 36-3208, 

ceive a general 

paragraph 5.52.3.  The commander M e r  recommended th 
discharge without probation and rehabilitation (P&R). 
2.  RESPONDENT:  The respondent is a 21 year old Aircraft Command Control 
Communications and Navigation Systems Apprentice.  He has completed 3 years and 4 months 
of his 4-year enlistment (TAFMSD:  24 August 1994) and was assigned to his unit on 
10 August 1995. 
3.  RESPONDENT’S SUBMISSION: 
indicated he had consulted with Captain 
right to submit matters in his behalf. 
4.  DISCUSSION: 

1 December 1997, the respondent 
Area Defense Counsel and waived his 

a. Basis for Dischawe:  Under MI 36-3208, paragraph 5.52.3,  airmen are subject to 

discharge for misconduct based on the commission of a serious offense if a punitive discharge 
would be authorized for the same or a closely related offense under the Manual for Courts- 
Martial (MCM).  In this case, 

November 1997, the respondent, having knowledge of a lawful order 
to have no physical, verbal or written contact with or enter the work 
r words to that effect, an order which it was his duty to obey, did, 

ental United States, fail to obey the same by wrongfully 
in violation of Article 92, UCMJ. 

within the territorial 
going to Texas with 

(2)  On divers occasions, between on or about 13 September 1997 and on or about 

28 November 1997, the respondent, a marrie 
States, wrongfblly have sexual intercourse m 
in violation of Article 134, UCMJ. 

territorial limits of the United 
a married woman not his wife, 

For these incidents, the respondent was convicted by summary court-martial on 

12 December 1997. His sentence consisted of a reduction to the rank of airman, forfeiture of 
$250.00 pay, and 5 days confinement.  - 

_ _  

(3)  A punitive discharge is authorized under the MCM for both of the offenses for which 

the respondent was convicted.  Accordingly, there is a sufficient basis for discharge. 

- 

b.  Proprietv of Discharye:  The respondent’s serious misconduct does not support 

continued military service.  Discharge is appropriate. 

c.  Characterization of Service: Table 1.3 to AFI 36-3208 provides that discharges for 

misconduct may be characterized as honorable, general, or under other than honorable 
conditions.  A general discharge is appropriate when significant negative aspects of an airman’s 
conduct or duty performance outweigh positive aspects of the airman’s military record.  The 
respondent’s serious incidents  of misconduct outweigh the positive aspects of his military 
career.  A general discharge is appropriate in this case. 

d.  Probation & Rehabilitation:  The respondent is eligible for P&R under AFI 36-3208, 

Chapter 7. The initiating commander does not recommend P&R.  Due to the nature of the 
respondent’s misconduct, it appears that he is unable or unwilling to adhere to Air Force 
standards.  An additional opportunity for rehabilitation through P&R is not justified. 

e.  Lepal Sufficiency: -has 

been afforded appropriate due process in that he 
received notice of the action and was given an opportunity to respond.  Further, the procedural 
requirements of the applicable AFI have been satisfied. Finally, there is a sufficient factual basis 
for discharge under the paragraph cited.  For these reasons, we find this action is legally 
sufficient.  Some documents erroneously refer to 
reduced in rank as the result of a summary court-martial prior to the initiation of this discharge. 
This discrepancy does not affect the legal sufficiency of the discharge. 

a SrA. 

WaS 

5.  OPTIONS:  As the special court-martial convening authority, you may: 

a.  Retain the respondent; 

b.  Approve discharge with a general discharge with, or without, P&R 

c.  Return the file to the unit with a recommendation that the respondent be processed for 

discharge with an under other than honorable conditions discharge; or 

d.  Forward the file to the general court-martial convening authority with a recommendation 

for an honorable discharge with, or without, P&R. 

I 

6.  RECOMMENDATION: We recommend that the respondent be discharged with a general 
discharge without P&R, and due to the nature of his discharge, that he be barred fiom Offutt Air 

Sk&  Judge Advocate 

1 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 55TH WING (ACC) 

0FFUT;T AIR FORCE BASE, NEBRASKA 

_ .  

MEMORANDUM FOR S 

LY 

fJic 47 

FROM:  38 RS/CC 
SUBJECT:  Letter of Notification 
1. I am recommending your discharge from the United States Air Force for Misconduct-- 
Commission of a Serious Offense.  The authority for my recommendation is AFPD 36-32 and 
MI 36-3208, paragraph 5.52.3.  I am recommending a general discharge. 
2.  My reasons for this action are: 

a.  On or about 28 November 1997, you, having knowledge of a l a w  order issued by 

have no physical, verbal or written contact with or enter the work place of 
r words to that effect, an order which it was you duty to obey, did, within the 

tal United States, fail to obey the same by wrongfidly going to 

b.  On divers occasions, between on or about 13 September 1997 and on or about 28 

November 1997, you, a married man, did, within the territorial limits of the United States, 
a married woman not your wife. 
wrongfully have sexual intercourse with 

For these incidents, you were convicted by summary court-martial on 12 December 1997.  Your 
sentence consisted of a reduction to the rank of airman, forfeiture of $250.00 pay, and 5 days 
confinement.  (Atch 1-1) 

Copies of the documents to be forwarded to the separation authority in support of this 

recommendation are attached.  The commander exercising special court-martial 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. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you, 
I have made an appointment for you to 
ea Defense Counsel, 
Bldg 323C, RM 302, Phone 4-3939, at 
civilian counsel at your own expense. 

u may consult 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 51 i)cL?? 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 
5.  If you fail to consult counsel or to submit statements in your own behalf, yew 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 55th Medical 
Group, Family Practice Section, at 1% 

on,%  m- 4 3 

for the examination. 

7.  You have been scheduled for an initial separations appointment.  You must report to the 55th 
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at 

th your escort. 

0 

1200 
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 unit orderly room. 
9.  Execute the acknowledgment provided and return it to me immediately. 

Attachment: 
Atch 1-1 ; Summary Court Martial, 15 Dec 97 

CoGander, 38" Reconnaissance Squadron