4IR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD02-003 6 

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 
:xercise  this right. 

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

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 justify 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 an Article  15 for 
wrongfully consuming alcohol and four Letters of Reprimand for sleeping while in class and failure to obey 
a lawful order, drunk and disorderly, failure to go and smoking while in uniform.  The DRB opined that 
through these administrative actions, the applicant had ample opportunities to change his negativehepetitive 
behavior.  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 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- 0036 

(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/05/04 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 79/12/04.  Enlmt Age: 20 8/12.  Disch Age: 21 5/12. Educ:HS DIPL. 
AFQT: N/A.  A-50,  E-42,  G-42,  M-55. PAFSC: 2Tlll - Vehicle Operations Helper. 
DAS: 01/01/22. 

b.  Prior Sv: (1) AFRes 00/08/10 -  00/10/24  (2 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 00/10/24 Svd: 00 Yrs 06 Mo 11 Das, all AMs. 
b.  Grade Status:  none. 

c.  Time Lost:  none. 

d.  Art 15's: 

(1) 04/04/01, Sheppard AFB, TX -  Article 92.  You did, on 

or about 13 Mar 01, violate a lawful general 
instruction, to wit: paragraph 5.2.4, Sheppard AFB 
Instruction 36-2902, dated 15 Oct 97, by wrongfully 
consuming alcohol.  Fifteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 16 MAR  01 - Drunk and disorderly. 

LOR, 12 MAR  01 -  Failure to go. 
LOR, 01 MAR  01 -  Smoking in uniform. 
LOR, 06 FEB 01 - Failure to obey lawful order &  dereliction 

of duty by sleeping in class. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (00) Yrs  (08) Mos  (25) Das 
TAMS: (00) Yrs  (06) Mos  (11) Das 

I 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 02/01/16. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
none. 

FD2 002 - 0 03 6 

02/04/26/ia 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 782 TRG/CC 

FROM:  82 TRW/JAC 
SUBJECT:  Legal Review, Recommendation for Discharge - AB 

366 TRS, Det 7 

30 Apr 01 

-L s 
a 

1.  We have reviewed this discharge case file and find it legally sufficient to support discharge in 
accordance with the provisions of AFI 36-3208. Based upon our review, we conclude that the 
incidents documented within this file sufficiently 
Air Force.  We concur with the 366 TRS, Det 7/CC that 
an under honorable conditions (general) discharg 
5.49 (minor disciplinary inhctions). 

be discharged with 

2.  Basis for Action.  On 
recommending that AI3 

01, the 366 TRS, Det 7/CC notified AB 
be discharged from the service due t 

3.  Evidence for the Commander.  The preponderance of the evidence in the case file supporting 
the squadron section commander’s recommendation consists of the following: 

a.  The respondent did, at or near Fort Leonard Wood MO, on or about 13 Mar 0 1, violate a 

lawful general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.4, dated 15 Oct 97, by 
wrongfully consuming alcoholic beverages.  For this misconduct, he received an Article 15 on 
4 Apr 01. 

b.  The respondent did, at or near Fort Leonard Wood MO, on or about 1 1 Mar 01, violate a 

lawful general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.4, dated 15 3ct 97, by 
Wrongfully consuming alcoholic beverages.  In addition, the respondent was drunk and disorderly 
by urinating on his dorm room door.  For this misconduct, he received a Letter of Reprimand 
(LOR) on 16 Mar 01. 

c.  The respondent did, at or near Fort Leonard Wood MO, on or about 13 Feb 01, on or about 

20 Feb 01, on or about 27 Feb 01, and on or about 6 Mar 01, fail to go to his appointed place of 
duty at the appointed time.  For this misconduct, he received an LOR on 12 Mar 01. 

d.  The respondent did, at or near Fort Leonard Wood MO, on or about 28 Feb 0 1, violate a 

lawful general instruction, to wit:  SAFBI 36-2902, paragraph 2.1.12, dated 15 Oct 97, by 
smoking while in uniform.  For this misconduct, he received an LOR on 1 Mar 01. 

e.  The respondent, having knowledge of a lawful order issued by SS 
which was his duty to obey, did, at or near Fort Leonard Wood MO, on 
obey the same by failing to complete his assigned homework.  For this misconduct and 
subparagraph “f’ below, he received an LOR on 6 Feb 0 1. 

to wit:  an order 

This communication is privileged as attorney work product and/or attorney-client 
communication or is protected by another privilege recognized under the law.  Do not 
distribute, forward, or release without the prior approval of the sender or 82 TR W/JA. 

f 

f.  The respondent, who knew or should have known of his duties at Fort Leonard Wood MO, 
on or about 23 S e p  00, was derelict in the performance of those duties by sleeping in class, as it 
was his duty not to do. 

4.  Additional Information.  The respondent is 21 years old, began his present enlistment on 
24 Oct 00, and was assigned to his unit on 22 Jan 01.  His ASVAB scores are as follows: 
A - 50, E - 42,  G - 42, and M - 55.  The respondent is entitled to wear the Air Force Training 
Ribbon.  He has waived his right to consult counsel and has waived his right to submit statements 
for your consideration. 

5.  We note no administrative errors of legal significance, and we concur with the detachment 
commander’s recommendation for discharge. 

6.  In accordance with AFI 36-3208, your options are to: 

a.  Direct AB 
b.  Suspend an under honorable conditions (general) discharge and recommend Probation and 

retention; 

Rehabilitation; 

c.  Direct his discharge with an under honorable conditions (general) discharge; or 

d.  Recommend that AB 
determine an honorable dis 
only a General Court-Martial Convening Authority may approve an honorable discharge 
characterization when the basis for discharge is misconduct (MI 36-3208, paragraph 5.48.4). 

e discharged with an honorable discharge.  If you 

riate, this file must be forwarded to 2 AFKC since 

7.  If you have any questions regarding this matter, please contact Capt 
ext 6-7 186. 

t 

Attachment: 
Case File 

This communication is privileged as attorney work product and/or attorney-client 
communication or is protected by another privilege recognized under the law.  Do not 
distribute, forward, or release without the prior approval of the sender or 82 TRW/JA. 

FROM: 366 TRS, DET 7 K C  

181 COOLEY DRIVE, SUITE A 
FORT LEONARD WOOD MO 65473 

SUBJECT:  Notification Memorandum 

I 

1. 1 am recornmending your discharge from the United States Air Force for minor disciplinary infractions. 
The authority for this action is AFPD 36-32 and AFI 36-3208. paragraph 5.49. 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). 

2.  My reasons for this action are: 

a.  You did, at or near Fort Leonard Wood MO, on or about  13 Mar 01, violate a lawhl general 

instruction, to wit:  SAFRI 36-2902. paragraph 5.2.4, dated  15 Oct 97, by wrongfully consuming 
alcoholic beverages. For this misconduct you received an Article IS on 4 Apr 01. 

b. You did, at or near Fort Leonard Wood MO, on or about  I 1 Mar 01, violate a lawful general 
instruction, to wit:  SAFBl 36-2902, paragraph 5.2.4, dated  15 Oct 97, by wronghlly consuming 
alcoholic beverages.  In addition. you were drunk and disorderly by urinating on your room door.  For 
this misconduct, you received a LOR on  16 Mar 0 I .  

c.  You did, at or near Fort Leonard Wood MO. on or about  13 Feb 01, on or about 20 Feb 01, 

on or about 27 Feb 01, and on or about 6 Mar 01 fail to go to your appointed place of duty at the 
appointed time, to wit: mandatory assignmcnt briefing.  For this misconduct you  received a Letter of 
Reprimand (LOR) on 12 Mar 01. 

d. You did at or near Fort Leonard Wood MO. on or about 28 Feb 01. violate a lawfir1 general 
instruction. to wit: SAFBI.  paragraph 2. I .  12, by smoking while in uniform.  For this misconduct you 
-ieceived an LOR on  1 Mar 01. 

e.  You, having knowledge of a lawful order issued by SSgt 

to wit: an order which was 
your duty to obey, did, at or near Fort Leonard Wood, MO, on or about 6 Feb 01.  fail to obey the wine 
by failing to complete your assigned homework.  Far this misconduct you received an LOR on 6 Feb 01. 
f.  You, who knew or should have known of your duties at Fort Leonard wood MO, were derelict 

in the pcrformance of those duties by sleeping in class, as it was your duty not to do. 

Copies of the documents to be forwarded to the separation authority in support of this recornmendation 
are attached.  The commander exercising SPCM jurisdiction or 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 

Arn-Lrf-ul 

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3ooina  U C l l   rL11  M u  

rHA:3/33YblbU4 

rAbk  j 

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, 

characterized.  If  you are discharged. you will be ineligible for reenJistment in the Air Force and will 
probably be denicd enlistment in any component of the armed forc&Any  special pay, bonus, or 
education assistance funds may be subject to recoupment. 

3.  You have the right to consult counsel.  Militaq legal counsel Captain 
been obtained to assist you.  1 have made an appointment for you to con 
2 186 at 1600 hours on 26 Apr 01.  YOU  may consult civilian counsel at your own expense. 
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  1700 hours on 30 Apr Of unless you request and receive rn 
extension for good cause shown.  I will send them to the separation authority. 
5.  If you fail to consult counsel or submit statements in your own behalf. your failure will constitute a 
waiver of your right to do so. 

Sheppard AFB, has 
hone,  1-940-676- 

6.  You are scheduled for a medical examination at the Consolidated Troop Medical Clinic at  1300 hours 
on 26 Apr 0 I  for the examination. 

7.  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. 

8.  Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1,  AF Form 3070,4 Apr 0 I 

o Artilce IS, 29 Mar 0 1 

Memorandum for Record, 12 Mar 01 

7.  Letter of reprimand.  1 Mar 01 
8.  Letter of reprimand, 6 Fcb 01 
-  9.  AETC Form  1254, 1 I  Apr 01 
10. AETC Form  1 56, CN 01 02 14 
1 1. AETC Form 581,8 Mar 01 
12. LACKLAND AFR Form 205 
13. Airman's Receipt to Notification Memorandum 

cc: 
82 M W D P M A R  
366 TRS/CSS (File) 
Individual