AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

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

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CASE NUMBER 
FD02-0048 

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 leading to the 
discharge. 
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FINDINGS:  Upgrade of discharge is denied. 

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. 

ISSUE:  Applicant does not contest his discharge.  He states that he was just  19 years old when he joined 
the Air Force and didn’t know how to control himself.  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  the  applicant  received  an  Article  15  for  unlawhlly  striking  another  airman  and  for  being 
disorderly.  He also received a Vacation action on a suspended bust for unlawhlly grabbing another airman. 
Also, the applicant received a Letter of Counseling for failing a dormitory inspection and a Memorandum 
For Record due to a lack of initiative concerning his up-grade training.  The DRB opined that through these 
administrative actions, the applicant had  ample opportunities to change his  negative behavior.  Also, the 
DRB recognized the applicant was 21 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
then the vast majority of first-term members who properly adhere to the Air Force’s standards of conduct. 
The Board  concluded the  misconduct was  a  significant  departure from  conduct  expected  of all  military 
members and that the characterization of the applicant’s discharge was appropriate due to the misconduct. 

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: 

DEPARTMgNT  OF THE AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

FD2002-0048 

(Former AMN)  (HGH A1C) 

1.  MATTER  UNDER  REVIEW: 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

Appl  rec'd  a GEN Disch fr USAF 01/09/01 UP AFI 36-3208, 

2 .   BACKGROUND: 

a. DOB: 79/09/07.  Enlmt Age: 19 6/12.  Disch Age: 21 11/12. Educ:HS DIPL. 
AFQT: N/A.  A-76,  E-32,  G-50,  M-20. PAFSC: 33731 - Fire Protection Apprentice. 
DAS: 99/10/09. 

b.  Prior Sv: (1) AFRes 99/03/15 -  99/03/30 (16 days 

(Inactive). 

3 .   SERVICE  UNDER REVIEW: 

a.  Enlisted as AI3  99/03/31. Svd: 02 Yrs 05 Mo 01 Das, all AMs. 
b.  Grade Status:  AMN -  01/03/06 (Article 15, 01/07/11) 

A1C -  00/07/30 
AMN -  99/09/30 

. 

c.  Time Lost:  none. 

d.  A r t   15's: 

(1) 01/07/11, Vacation, Aviano Italy -  Article 128.  You 
Reduction to Amn. 

did, on or about 19 Jun 01, unlawfully grab A1C -----,  
in the crotch area with your hand. 
(No appeal) (No mitigation) 

(2) 01/03/06, Aviano AB, Italy -  Article 128.  You did, on 

or about 3  Jan 01, unlawfully strike AB - - - - - -   on the 
back with your fist.  Article 134.  You were, on or 
about 03 Jan 01, disorderly.  Reduction to Amn 
(suspended until 5 Sep Ol),  27 days extra duty, and a 
reprimand. (No appeal) (No mitigation) 

e.  Additional: LOC, 01 DEC 00 -  Failed dormatory inspection. 
f.  CM:  none. 
g.  Record of SV: 99/03/31 -  00/11/29  Aviano A3  4  (Initial 

(Discharged from Scott AFB) 

h.  Awards &  Decs:  AFTR, NATOM, AFOSLTR. 
i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (17) Das 

TAMS:  (02) Yrs (05) Mos  (01) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/01/26. 

(Change Discharge to Honorable) 

FD2 0 0 2 - 0 0 4 8 

Issue 1: 

I was a nineteen year old punk when I joined the Air Force. 

I was 
told by my recruiter that I wouldn't have to go overseas if I didn't want to and 
I didn't know how to control myself. 
the first place I went was Aviano, Italy. 
All I'm asking for is a second chance because I want to join the National Guard. 

ATCH 
none. 

02/05/15/ia 

DEPARTMENT OF THE AIR FORCE 

31ST FIGHTER WING (USAFE) 

9 August 2001 

MEMORANDUM FOR  31 FW/CC 

FROM:  31 FWIJA 

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SUBJECT:  Legal Review, Administrative Discharge Action, Amn 

31 CES 

1.  This file has been reviewed and is forwarded to you for action as the Separation Authority in 
accordance with AFI 36-3208, paragraph 5.56, Separation Authority.  The Respondent’s 
commander has recommended discharge in accordance with AFI 36-3208, paragraph 5.49, Minor 
Disciplinary Infractions, with an under honorable conditions (general) discharge characterization. 
We concur with this recommendation and find this file to be legally sufficient to separate 
Respondent provided he is found medically fit for separation. 

19 Jun 01, Lt Col 
3 lCES/CC, initiated action to discharge 
ant to AFPD 36-32 and AFI 36-3208, 
r minor discipli 
spondent is not entitled to a board hearing and this case is being processed by 

the notification proced&e in Section B, Chapter 6, AFI 36-3208.  The Respondent received 
written notice of the commander’s recommendation for discharge, the reasons for the discharge, 
and of the least favorable type of separation authorized.  See Attachment 2.  He was also 
provided copies of the documents supporting the recommendation for discharge and advised of 
his rights to consu 
theserights.  Amn 
in response to this 
Attachment 7.  On 27 July 2001, Lt 
given an under honorable condition 
rehabilitation.  See Attachment 1.  Co 
2001. 

to submit statements in his own behalf, or to waive any of 
sulted with military defense counsel and submitted a statement 

for an honorable disch 
ecommended that 

1 SPTGKC, concurred on 27 July 

3.  SUMMARY OF EVIDENCE FOR THE GOVERNMENT:  The basis for this discharge 
action lies under the provisions of AFI 36-3208, para. 5.49, for minor disciplinary infractions, 

-  summarized as follows: 

s 

a.  On or about 19 June 2001, the Respondent assaulted a fellow airman.  Specifically, he 

was involved in an altercation during which he grabbed the other airman’s crotch.  For this 
offense, the Respondent’s previous suspended nonjudicial punishment consisting of reduction to 
the grade of airman was vacated on 1 1 July 2001; 

b.  On or about 3 Jan 01, the Respondent assaulted a fellow airman.  Specifically, he 

stqck another airman on the back with his fist.  For this offense, on 6 March 2001 the 

This legal opinion is privileged and is provided for command use only.  It should not be released to the public in 

general or to the subject of this review in particular. 

Respondent received nonjudicial punishment under Article 15, UCMJ, consisting of a suspended 
reduction to the grade of airman, 27 days extra duty, and a reprimand; 

c.  On or about 28 November 2000, the Respondent failed a scheduled dormitory 

inspection.  Specifically, he failed to maintain his kitchen and bathroom according to Air Force 
standards for cleanliness. He also had clothing strewn across his room, trash in his room, and an 
unmade bed.  For this offense the Respondent received a Letter of Counseling (LOC) on 1 
December 2000. 

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4.  SUMMARY OF EVIDENCE FOR THE RESPONDENT:  The Respondent is a 2 1 -year- 
old airman who began his active duty on 31 March 1999. He was assigned to his present unit on 
es are A-76, E-32, G-50, and M-20.  He has earned a rating of 4 
ar the Air Force Training Ribbon and the NATO 
se counsel, the respondent submitted a response to 
onsideration for an honorable discharge.  See 
concedes that he does not feel right in the Air Force, 

he feels positive towards the Air Force and feels that he has paid for his mistakes already. 

Medal.  After co 

5.  DISCUSSION:  In determining whether there is a basis for Amn 
you may consider the commander’s recommendation memorandum and the information 
contained in Attachments 2 and 3 of the case file setting forth the disciplinary infractions.  If you 
determine that there is sufficient basis for discharge, you may consider all documentation 
reflecting the Respondent’s entire military career to determine if he should be discharged.  The 
Respondent is a first-term airman so you may consider his entire military record to determine the 
characterization of the discharge if you determine separation is appropriate. 

discharge, 

a.  The evidence in this case supports a discharge pursuant to AFPD 36-32 and AFI 36- 

3208, para. 5.49, for minor disciplinary infractions.  In the short time since Amn 
enlisted in the Air Force, he has repeatedly exhibited disregard for his responsibi 
Force standards, to the detriment of good order and discipline.  The time span, num 
of his offenses constitute a pattern of minor disciplinary infractions that subject Amn 
to discharge from the military. 

b.  Characterization of an airman’s discharge should be based on the frequency and 

seriousness of the infractions in the current enlistment.  An airman’s age, length of service, and 
the standards of acceptable conduct and performance of duty for airmen are other appropriate 
considerations.  In accordance with AFJ  36-3208, para. 1.18.2, an under honorable conditions 
(general) discharge is warranted when an airman’s service has been honest and faithful, but when 
significant negative aspects 
ce of duty outweigh the positive aspects 
of his military record.  Amn 
&ctions 
aspects of his service.  Thro 
proper respect for his fellow airmen and 
to follow regulations as req 
demonstrated his inability or 
emands.  In addition, his two assaults on 
unwillingness to adapt to the mili 
fellow airmen are examples of Amn 
entional misconduct that fall far short of the 
standards of conduct expe 

is service has not been so meritorious 

overshadow the positive 

This legal opinion is privileged and is provided for  command use only.  It should not be released to the public in 

general or to the subject of this review in particular.  PRIVACYACTAPPLIES. 

that an honorable discharge is appropriate.  Amn 
honorable conditions (general) discharge. 

service record warrants an under 

c.  An offer of probation and rehabilitation (P & R) is based on the principle of 

conditional suspension of an administrative discharge for cause in deserving cases, giving the 
member a chance to show that he is able to meet Air Force standards.  Consideration of probation 
and rehabilitation should be based on the member’s potential for rehabilitation and hrther useful 
military service.  Given the Respondent’s repeated assaults and his failure to improve his 
behavior after corr 
were taken, we do not recommend probation and 
as received nonjudicial punishment under Article 15, UCMJ, a 
rehabilitation.  Amn 
vacation of his sus 
icial punishment, and an LOC.  He not only has repeatedly 
violated standards, he appears to be unwilling to accept responsibility and modify his overall 
behavior.  As such, we believe that M e r  rehabilitative efforts would likely be ineffectual.  The 
Respondent has not requested consideration for P & R.  Neither the squadron commander nor 
d P & R.  We agree that the best interests of the Air Force are 
ischarge without P & R. 

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I 

6.  OPTIONS:  In accordance with AFI 36-3208, para. 5.56, you may, as the Special Court- 
Martial Convening Authority: 

a.  RetainAmn 

f you consider the discharge unwarranted; 

b.  Direct that Amn 

under honorable conditions (ge 
rehabilitation; 

be discharged for minor disciplinary infractions with an 
mice characterization, with or without probation and 

c.  Recommend that Amn 

discharged for minor disciplinary infractions, 
with an honorable service ch 
r without probation and rehabilitation, and 
forward this package to the 16 AFKC, the General Court-Martial Convening Authority, for 
approval; or 

d.  Direct re-initiation of the discharge action if an under other than honorable conditions 

(UOTHC) discharge is warranted. 

7.  RECOMMENDATIONS:  We recommend that you direct the respondent’s separation for 
minor disciplinary infractions with an under honorable conditions (general) service 
-  characterization, and without the offer of probation and rehabilitation.  A proposed memorandum 

for your signature is enclosed. 

Chief, Civil Law 

This Legal opinion is privileged and isprovMed for  command use only.  It should not be released to thepublic in 

general or to the subject of thls review in particular.  PRIVACY ACT APPLIES. 

1''  Ind, 31 FW/SJA, Legal Review of 

Discharge, 9 Aug 01 

MEMORANDUM FOR 3 1 FW/CC 

I concur. 

Staff Judge Advocate 

Attachments: 
Case File 
1. Commander's Recommendation 
2.  Notification Memorandum 
3.  Supporting Documentation: 

a.  Vacation of suspended nonjudicial punishment, 11 Jul Olw/atchs 
b.  Article 15,6 Mar 01 w/ atchs 
c.  LOC, 1 Dee 00 

4. Member's Acknowledgment of Receipt of Notification Memorandum 
5.  Enlisted Performance Report 
6.  Other Derogatory Data 

a.  Verbal Counseling, 1 May 01 
b.  Verbal Counseling, 18 Jun 00 

7.  Member's Response 

This legal opinion is privileged and is provided for command use only.  It should not be released to the public in 

general or to the subject of this review in particular.  PRIVACY ACTAPPLIES. 

<

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DEPARTMENT OF THE AIR FORCE 

31ST FIGHTER WING (USAFE) 

FROM:  31 CES/CC 

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SUBJECT:  No$fication  Memorandum 

1.  I am recommending 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, para. 5.49.  If my 
recommendation is approved, your service will be characterized as honorable or as under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 19 Jun 01, you assaulted a fellow airman.  Specifically, you were 

involved in an altercation during which time you did grab the other airman's crotch.  For this 
offense, your previous suspended nonjudicial punishment consisting of reduction to the grade of 
airman was vacated on 1 1 Jul 01; 

b.  On or about 3 Jan 01 , you assaulted a fellow airman.  Specifically, you did strike 

another airman on his back with your fist.  For this offense, you received nonjudicial punishment 
under Article 15, UCMJ, on 6 Mar 01 consisting of a suspended reduction to the grade of airman, 
27 days extra duty, and a reprimand; 

c.  On or about 28 Nov 00, you failed a scheduled dormitory inspection.  Specifically, 

you failed to maintain your kitchen and bathroom according to Air Force standards for 
cleanliness.  You also had clothing strewn across your room, trash iq your room, and an unmade 
bed.  For this offense you received a Letter of Counseling (LOC) on 1 Dec 00. 

3.  I have attached copies of the documents that will be forwarded to the separation authority. 
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, the characterization of your 
service. If you are discharged, you will be ineligible for reenlistment in the Air Force and 
probably will be denied enlistment in b y  component of the armed forces.  In addition, any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

4. You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
ea 2, at Building 
you.  I have made an appointment for you to consult Cap 
i '3 
2001, at  \So(?  hours.  You may consult civilian counsel at your 
224, on 
own expense. 

"Return With Honor" 

5.  You have the right to submit statements in your own behalf.  Any statements that you 
want the separation authority to consider must reach me by 
2001, unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

hours on  24 JuI  01 

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for two medical examinations.  You must report to 
3 lMDG/SGOAF (Physical Exams) on 
second appointment is on  a ’( 
a ( 
report 15 minutesprior to your appointments and pick up your medical records. 

2001, at  Oq30  hours.  Your 
,2001, at  Ic(o 0 hours.  You will need to 

3 3 

8.  Any personal information that 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 as well as in the Area 
Defense Counsel’s office. 

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

Commander, 3 1’‘  Civil Engineering Squadron 

(4  du 1  o\ 

Date: 

Attachments : 
1.  Supporting Documentation: 

a.  Vacation of Suspended Nonjudicial Punishment, 1 1 Jul 0 1 w/atchs 
b.  Article 15,6 Mar 01 w/atchs 
c.  LOC, 1 Dec 00 

2.  Member’s Acknowledgement of Receipt of Notification Memorandum 
3.  EPR 
4.  Other Derogatory Data: 

Verbal Counseling, 1 May 01 
Verbal Counseling, 18 Jun 00 

5.  Member’s Response 

“Re tu m With Honor”