I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

FD2002-0039 

GENERAL:  The applicant appeals for upgrade of discharge to honorable  and to change his reenlistment 
code. 

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

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

FINDINGS: Upgrade of discharge and change of reenlistment code are denied. 

The Board finds that neither the evidence of record  or that provided by  applicant substantiates an inequity 
or impropriety that would justify a change of discharge. 

Issues.  Applicant was discharged for misconduct, conduct prejudicial to good order and discipline.  He had 
two Articles  15, and a vacation  of suspended  punishment.  He also had  two Letters of Counseling and  a 
Letter of Reprimand.  His misconduct  included  missing an appointment,  failure to pay just debts, driving 
while intoxicated off base resulting a major  motor vehicle accident, violating  a direct  order by  driving on 
base while his driving privileges were revoked for a year, leaving his place of duty, and failing to go to his 
place  of duty.  At  the time  of the  discharge,  applicant  waived  his  right  to  consult  counsel  or  submit  a 
statement  on his  own behalf.  Applicant  now  states he knows what  he  did was wrong and  he regrets  it, 
noting that  he resented  authority and was not  happy with  his job.  The Board  noted that  member’s  first 
infraction was his DWI, after which he underwent alcohol rehabilitation and was deemed a problem drinker. 
His base driving privileges were also revoked at that time.  More than 8 months after that incident, his other 
misconduct  began and he had  five infractions in  a 4-month period.  The applicant’s  continued  misconduct 
was  of  a  serious  nature  and  was  intolerable.  Members  who  continue  to  commit  such  acts  are  held 
accountable for their behavior.  There is no evidence of record that applicant didn’t know right from wrong 
or was immature.  Furthermore, he was of the same age as the majority of first-term  airmen who properly 
adhere to Air Force standards of conduct.  No inequity  or impropriety  was found  in this discharge in the 
course of the records review. 

While the Board  commends  applicant’s  post-service  accomplishments and  recognizes  that  he  may  have 
matured  since his discharge and now desires to again serve in the military, this information is not relevant 
to the period of service under review and therefore does not provide a basis for upgrade.  This is insufficient 
grounds to overcome the factors that were the basis for the 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 ftrther 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 

FD2 0 02 - 0 0 3  9 

(Former AB)  (HGH  A1C) 

1.  MATTER UNDER REVIEW:  Appl rec’d  a GEN Disch fr USAF 89/11/08 UP AFR 39-10, 
para 5-47b (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge &  To Change RE Code. Disch. 

2.  BACKGROUND: 

a. DOB: 67/06/26.  Enlmt Age: 18 6/12.  Disch Age: 22 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-82,  E-76,  G-74,  M-90. PAFSC: 46150 - Munitions Systems 
Specialist. DAS: 87/09/24. 

b.  Prior Sv: (1) AFRes 86/01/12 -  87/05/13  (6 months 2 days) (Inactive). 

3.  SERVICE UNDER R W I E W :  

a.  Enlisted as AB 87/05/14 for 4 yrs. Svd: 02 Yrs 05 Mo 25 Das, of which 

AMs  is 2 months 3 months 9 days (excludes 2 months 17 days lost time). 

b.  Grade Status:  AB -  89/10/06 (Article 15, 89/10/06) 
AMN -  89/06/12  (Article 15, 89/06/12) 
A1C -  88/09/14 
AMN -  (APR Indicates): 87/05/14-88/05/13 

c.  Time Lost:  88/09/14-88/11/29 (2 months 17 days). 

d.  Art 15’s:  (1) 89/10/06, Anderson AFB, Guam -  Article You did, on or 
about 21 Sep 89, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to AB.  (No appeal)  (No mitigation) 

(2) 89/09/28, Vacation, Anderson AFB, Guam -  Article 86. 

Youd did, on or about 20 Sep 89, without authority, go 
from your appointed place of duty.  Forfeiture of 
$150.00 (No appeal) (No mitigation) 

( 3 )   89/06/12, Anderson AFB, Guam -  Article 90.  You, having 

your 

received a lawful command from LtCol - - - - - -  I 
superior commissioned officer, then known by you to be 
your superior commissioned officer, not to operate a 
motor vehicle on all military reservations or 
properties under the jurisdiction of the U.S. Air 
Force, worldwide, and U.S. Naval Forces, Guam, for a 
one year period effective 15 Sep 88 until 14 Sep 89, or 
words to that effect, did, on or about 4 Jun 89, 
willfully disobey the same.  Reduction to Amn. 
Forfeiture of $150.00 per month for two months 

FD2 002 - 0 03 9 
(suspended until 11 Dec 8 9 ) .   (No appeal) ( N o   mitigation) 

e.  Additional: LOR, 0 9   DEC 8 8   - Operating a vehicle while intoxicated. 

LOC, 13 JUN  8 9   - Failure to pay just debts. 
LOC, 27  MAY 8 9   - Missed appointment. 

f.  CM:  none. 

g.  Record of SV: 8 7 / 0 5 / 1 4   -  88/05/13  Anderson AFB 
8 8 / 0 5 / 1 4   -  8 9 / 0 5 / 1 3   Anderson AFB 

9  (Annual) 
2  (Annual) 

(Discharged from Anderson AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  ( 0 2 )   Yrs  ( 0 9 )   Mos  (11) Das 
TAMS:  ( 0 2 )   Yrs  ( 0 3 )   Mos  ( 0 9 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293)  dtd 02/01/18. 

(Change Discharge to Honorable &  Change the RE Code) 
Issue 1:  I would like you to review the case of my discharge from the Air 
Force on  November 8th 1 9 8 9 .   I received a General  (under Honorable Condition). 
I was having personal problems with myself and with my life in the military and 
was acting out in a negative way.  I resented authority and was not happy with 
my job. 
actions if I could.  Hindsight is 20/20  and in this case, my view of my conduct 
is clear.  It was wrong and I regret it.  At this time, I would ask you to 
change my discharge to an honorable.  In light of recent events, I attempted to 
reenlist in the Air National Guard and was denied due to a  (2B)  Reenlistment 
code.  I feel that I may contribute a great deal to my country at this time.  I 
have completed two years of college and have grown up a great deal.  Please 
allow me the opportunity to contribute. 

I regret the various actions I did and would go back and change my 

ATCH 
1. Letter to the Discharge Review Board. 
2. DD Form 214. 

02/05/09/ia 

D E P A R T M E N T  O F  THE  AIR  FORCE 

HEADQUARTERS 633D AIR BASE WING (PACAF) 

APO S A N  FRANCISCO 96334-5000 

SEPLY TO 
L m  OF: 

SUBJECT: 

TO. 

JA  (Capt 

63-2937) 

Final  Review:  AFR  39-10  Discharge  (AB 
43  MMS) 
cc 
1.  43  MMS/CC  recommends  AB 
f o r  misconduct  under  AFR  39 

attached  discharge  f i l e  and  f i n d   i t  l e g a l l y   s u f f i c i e n t   f o r  your 
11  c i t a t i o n s   are  t o  AFR  39-10,  unless  otherwise  stated. 

be  discharged  from  the A i r  Force 
47b. 

I  have  reviewed  AB 

3 0 OCT  1989 

F 

20  Oct  89,  43 
43  MPlS/CC 
r e  
i l i t a t i o n .   AB 
counsel  and  t o  submit  statements 

n i t i a t e d  t h i s   discharge  action 
a  general  discharge without 
waived  his  r i g h t  t o  consult  with 
half. 

Summary  o f  the  Evidence.  To  support  the  discharge, 

3. 
commander  c i t e d  the  tollowing evidence  from  the  case  f i l e :  

the  i n i t i a t i n g  

a. 

On  21  Sep  89,  AB 

aid,  without  authority,  f a i l e d   t o  go  t o  h i s  
, he  received A r t i c l e   15  punishment  oil  6 

appointed  place o f   duty. 
Oct  89. 
b. 

On  20  Sep  89,  A6 

appointed  place o f  duty. 
Nonjudicial  Punishment  on  6  Oct  89. 

did,  without  authority,  go  from  h i s  
, he  receivea  a  Vacation  o f  Suspended 

c.  On  4  Jun  89,  AB 
commissioned  o f f i c e r  not 
received A r t i c l e   15  punishment  on  12  Jun  89. 

disobeyed  a  lawful  comand  from  a  superior 
on  any  m i l i t a r y   installation.  For  this,  he 

d.  On  13  Jun  89,  A6 

overdue  i n  making  a  DPP  pa 

.  For  this,  he  was  counseled  on  13  Jun  89. 
failed  t o   s a t i s f y  a  j u s t   debt  by  being 

e.  On  25  May  89,  A6 
appointment.  For  this,  h 
f.  On  14  Sep  88,  AB 
intoxicated.  For  this,  h 
placed  on  the  Control  Roster  on  21 Dec  88. 

failed  t o  gb t o  a  scheduled  dental 
nseled  on  27  May  89. 

operatea  a  vehicle  i n  Tamuning,  Guam,  while 
d  a  Letter  o f  Reprimand on 9  Dec  88  and  was 

'  Service  Characterization. 

4. 
qeneral  d i  scharqe. 
\I;e  must  review  Respondent's  m i l i t a r y   record  i n  the  current  enlfstment  and 
apply  the  guidelines  f o r   ana  restrictions  on  service  characterization  founa 
i n  Chapter  1,  Section  B. 

To  determine  the  appropriateness  o f   t h i s   recommendation. 

The  i n i t i a t i n g  commander  has  recornended  a 

5.  Review  of  Respondent's  Military  Record.  AB 
is  22  years  o l d   and 
n  14  May  87. 
i s  servinq  on  his  first term  of  enlistment  whic 
Respondent  i s   a  Bomb  Maintenance  Crew  Member  and  wa;  assigned  t o  the  43  MMS 
on  24  Sep  87.  Respondent  has  received  one  APR,  the  overall  rating  of  which 
is a  " 9 " ,   and  one  EPR,  the  overall  rating  of  which  is a  "2."  The  Respondent 
i s  entitled  t o  wear  the  Air  Force  Training  Ribbon. 
6.  For  the  Respondent.  AB 
and  t o   submit  matters  i n   his  own  behalf. 
7.  Analysis  of  Service  Characteriation.  43  MMS/CC  recornends  a  general 
Such  a  characterization  is warranted  when  significant  negative 
discharge. 
aspects  of  the  member's  conduct  or  performance  of  duty  out 
itive 
In  this  case,  AB 
received 
aspects  of  the  member's  military  record. 
. He  also  received  a  Letter  of  Reprimand  and  two  counselings.  AB 
two  Article  15  punishments  and  one  Vacation  of  a  Suspended 
15 
conduct  constitutes  a  significant negative  departure  from  the 
f  conduct  required  of  Air  Force  members  and  outweighs  the  positive 

waived  his  r i g h t   to  consult  w i t h   counsel 

aspects  of  his  military  record.  A  general  discharge  is warranted  i n  this 
case. 
8.  Preprocessing  Rehabilitation.  Paragraph  5-2  states  t h a t ,   "Airmen  should, 
deficiencies  before 
a s  a  rule,  be  given  an  opportunfty  to overc 
received  two  counselings, 
discharge  action  starts." 
In  this  case,  AB 
15  punis 
and  a  Vacation  of  Suspendea 
a  Letter  of  Reprimand,  two 
.  Therefore,  this  regulatory  requirement  has 
Article  15  punishment.  AB 
has  been  given  adequate  counseling  and 
guidance  t o  correct  his  be 
been  f u l l y   satisfied. 
9.  Eligibility  for  Probation  and  Rehabilitation  (P&R).  The  i 
commander  does  not  recomnend  probation  and  rehabilitation.  AB 
received  counseling  and  guidance  t o  correct  his  behavior.  Des 
guidance,  he  has  not  conformed  his  behavior  t o  minimum  standards  of  Air  Force 
conduct. 
following  a  DWI  incident  off-base.  He  demonstrated  contempt  for Air  Force 
standards  by  f a i l i n g   t o   pay  a  just  debt.  He  showed  an  indifferent  attitude 
towards  duty  performance  by  f a i l i n g   t o  attend  a  dental  appointment  and  by 
going  from  and  failing  to  go  t o  his  appointed  place  of  duty. 
Additional  P&R 
opportunities  are  not  warranted. 
10.  Other  considerations. 

He  flagrantly  violated  an  order  not  t o  drive  on  Andersen  AFB, 

has 

- 

a.  The  case  f i l e  does  not  contain  a  Report  of  Medical  Examination  (SF88) 

showing  Respondent  is qualified  for worldwide  duty  or  discharge.  This  report 
must  be  included  i n  the  f i l e  before  discharge  can  be  executed  (para  6-11). 
b.  Federal  law  permits  you  t o  exclude  (debar) persons  from  the  base 
I t  

provided  the  exclusion  is not  patently  arbitrary  nor  discriminatory. 
would  not  be  inappropriate  i n  this  case  considering  the  Respondent's  varied 
misconduct  t o  debar  him  upon  separation. 

c.  Though  the  Recommendation  for Discharge  letter i s  dated  20  Oct  89, 

i t  was  not  delivered  t o   the  legal  office  u n t i l   27  Oct  89.  However;  this  does 
not  affect  i t s   legal  sufficiency. 

11.  Conclusions. 

I  find: 

a.  The  reason  cited  as  the  basis  for discharge  i n  the  Letter  of 

Notification  is supported  by  a  preponderance  o f   the  evidence; 

b.  The  reason  cited  i n  the  Letter of  Notification  is a  proper  basis  of 

discharge; 

c.  The  recommendation  for  a  general  discharge  i s  appropriate  pursuant 

to the  criteria o f  paragraph  1-18 and  the  restrictions  i n  paragraph  1-21;  and 
d.  Although  this  airman  i s  eligible for  P&R  under  Chapter  7,  he  should 

not  be  afforded  P&R  opportunities. 
12.  RECOMMENDATION:  You  should  approve  discharge  of  AB 
Force  w i t h   a  general  discharge,  w i t h o u t  an  offer  of  prob 

from  che  Air 

D E P A R T M E N T  O F  THE AIR  F O R C E  
H E A D Q U A R T E R S  430 BOMBARDMENT WING.  H E A V Y  (SAC) 

A P O  S A N  F R A N C I S C O  96334-5000 

' 

, 

REPLY TO 

ATTNoF:  43 bwS/cc 

Notification  Letter 

I  am recommending your discharge from the United  States Air 
1. 
Force for a pattern of  misconduct,  conduct prejudicial  to good 
order and discipline,  The authority  for this action is AFB  39-10, 
paragraph  5-47b-  If my  recommendation is approved, your  service 
I am recommending 
will be characterized  as honorable or general- 
that your service be characterized as general. 

2 -   My  reasons for  this action are: 

a -   On 21 Sep 89, you, without authority,  failed to go at  the 

time prescribed  to your appointed place of  duty-  For this, you 
received Article  15 punishment on 6 Oct 89, 

b.  On 20 Sep 88, you did, without  authority, go f r o m   your 
appointed place of  duty.  For  this, you received a Vacation  of 
Suspended Wonjudical Punishment on 6 Oct 89- 

c.  On 4 Jun 89, you disobeyed a lawful command  f r o m   a 
superior commisssioned officer not  to drive on any military 
installation.  For this, you received Article  15 punishment  on  12 
Jun 89. 

d -   On  14 Sep 88, you operated a vehicle  in Tamuning, Cham 

while  intoxicated.  For  this, you received a Letter of  Reprimand 
on 9 Dec 88 and was placed  on the Control Roster  on 21 Dec 88. 

e.  On  13 Jun 89, you failed  to satisfy a just debt by  being 

overdue in making  a DPP payment.  For this, you were counseled  on 
13 Jun 89, 

f.  On 25 May  89, you failed  to go to a scheduled dental 

appointment. 

For  this, you were counseled on 27 May  89. 

5 .   You have the right to consult counsel,  Military  legal counsel 
has been obtaine 
you to consult C 

I have made an appointment  for 
uilding  21000, 

366-2281 at 

You  may  consult civilian 

I q E ( 2  

on 

counsel at your own  expense, 

I 

4.  You have the right to submit statements in your  own  behalf, 
Any  statements you  wa 
reach me by  A m  
extension for good  cause shown.  I will  send them to the 
separation authority- 

he separation authority  to consider must 
7-89  unless you request and Peceive an 

P e a c e .

.

  .  .  I s   o u r   P r o f e s s i o n  

5,  If y o u   fail to consult counsel or to submit statements in your 
own  behalf, your  failure will constitute a waiver of  your right to 
do so- 
6.  You have been scheduled  for a medical  examination.  You must 
report  to 633 Medical  Group at  oyoo 
for the examination, 

hours on  a,3 0C-T TV 

c 

J 

7 .   Any  personal  information you furnish in rebuttal  is covered by 
the Privacy Act  Statement as explained in AFB  39-10, attachment 6 .  
A  copy  of  AFB 39-10 is available for your  use in the Unit Orderly 
Room- 

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

, USAF 

7 Atch 
1.  Art  15. 6 Oct  89 
2.  AF  Form  366, 6 Oct 89 
3.  Art  15, 12 Jun  89 
4.  LOR,  9 Dec 88 w/UIF  2  D e c   88 
5.  MFR,  13 Jun  88 
6 .   MFR,  27 Xday  80 
7 .   Airman's  Acknowledgement