AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0049 

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

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 is 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 
three Letters of Reprimand, two Articles  15,  and  a vacation  of  suspended punishment.  His  misconduct 
included four incidents of failure to go to his place of duty, a failed dormitory room inspection, and setting 
off fireworks inside the dormitory.  At the time of the discharge, applicant consulted counsel but failed to 
submit a statement in  his own behalf.  The Board noted that member was sent to correctional custody as 
part  of  the  punishment  for  his  first  Article  15.  While  there,  he  got  an  unsatisfactory rating  and  had 
numerous Letters of Counseling for failing to follow the rules, failing to obey lawfil orders, falling asleep 
on duty, and disrespect to a ncmammissioned  oficer.  Correctional custody was member’s opportunity for 
rehabilitation, yet he performed unsatisfactorily therein, and one of his correctional custody incidents thus 
resulted in his vacation of suspended punishment.  And,  subsequent to that, he had  yet another incident of 
misconduct.  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. 

Applicant  now  states  he  was told  he would  get  an  automatic  upgrade  after  one year.  While this  is  a 
common  issue, the Board noted  it  is one likely based  on miscommunication.  While a discharge may  be 
upgraded  after  6  months,  an  upgrade  is  by  no  means  automatic.  A  discharge is  only  upgraded  if  the 
individual and the Board can establish an inequity or impropriety took place at the time of the discharge.  In 
this case, none was found, so the Board denied the appeal. 

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 firther 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 

FD2002-0049 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a GEN Disch fr USAF 90/01/09 UP AFR 39-10, 
para 5-47b (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discpline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 70/08/27.  Enlmt Age: 17 9/12.  Disch Age: 19 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-45,  E-74,  G- 57,  M-63. PAFSC: 81130 - Apprentice Security 
Specialist. DAS: 88/04/08. 

b.  Prior Sv:  (1) AFRes 88/06/24 -  88/10/16 (3 months 23 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 88/10/17 for 4 yrs. Svd: 0 1  Yrs 02 Mo 23 Das, all AMs. 
b.  Grade Status:  AB -  89/11/06 (Article 15, Vacation, 89/12/07) 

AMN -  89/04/17 

c.  Time Lost:  none. 

d.  Art 1 5 ' s :  

(1) 89/12/15, Minot AFB, ND -  Article 86.  Preliminary 
investigation has disclosed that you, did, on or about 
8 Dec 89, without authority, fail to go at the time 
prescribed to your appointed place of duty.  Forfeiture 
of $300.00 pay per month for 2  months  (suspended until 
14 Jun 901, 45 days restriction, and 45 days extra 
duty. (No appeal) (No mitigation) 

~~~~~~ 

~ 

( 2 )   89/12/07, Vacation, Minot AFB, ND -  Article 86. 

Preliminary investigation has disclosed that you, did, 
on or about 12 Nov 89, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Reduction to AB, and forfeiture of $200.00 pay per 
month for 2 months.  (No appeal) (No mitigation) 

( 3 )   89/11/06, Minot AFB, ND -  Article 92.  Preliminary 

investigation has disclosed that you, who should have 
known of your duties, on or about 27  Oct 89, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from setting off fireworks 
in building 207, as it was your duty to do so. 
Reduction to AB  (suspended until 5 May g o ) ,   forfeiture 
of $200.00 pay per month for 2 months(suspended until 5 
May 901, and 30 consecutive days Correctional Custody. 

FD2002 - 004 9 

e.  Additional: LOR, 28 JUL 89 -  Failed dorm room inspection. 

LOR, 26 JUN  89 -  Failure to go. 

f.  CM:  none 

g.  Record of SV: none. 

(Discharged from Minot AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (01) Yrs  ( 0 6 )   Mos  (16) Das 
TAMS:  (01) Yrs  (02) Mos  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/01/27. 

(Change Discharge to Honorable) 

Issue 1:  Upon discharge from the Air Force, I was informed that 

year, my General Discharge under Honorable Conditions would be upgraded to 
Honorable Discharge.  I recently went to review records at the downtown Court 
house and my records weren’t available. 
I am sending this application to try and retrive the  correct type  of discharge I 
was awarded by the Air Force. 

after a 

ATCH 
none. 

~~ 

02/05/16/ia 

DEPARTMENT O F  THE AIR FORCE 

H E A D Q U A R T E R S   57TH AIR  D I V I S I O N  ( S A C )  

M I N O T  AIR  F O R C E  BASE,  N O R T H  DAKOTA 58705-5000 

REPLY  TO 
ATTN.  OF: 

SUBJECT 

,  AFR 39-10, Paragraph 5-47b 

3 January 1990 

, 857  SPS 

1.  The Commander, 857  SPS, has recommended that respondent be discharged 
prior to the expiration of his term of enlistment because of misconduct, more 
specifically, conduct prejudicial to good order and discipline pursuant to 
AFR 39-10, paragraph 5-47b.  The commander has recommended that subject be 
given a general discharge. 

, age 19,  enlisted 
2 .  
198 
rm of  four years. 
assigned to Minot Air Force Bas 
prescribed to his appointed place of  duty on at least four separate occasions. 
In additi 
Finally , 
failed to refrain from setting fireworks off in his dormitory room. 

led to maintain his dormitory room in a proper manner. 
was derelict in the performance of  his duties in that he 

ed States Air Force on 17 October 
as no prior service.  Since being 
failed to go  at the time 

, after being counseled by Captain 

a judge advocate, 

rights and privileges extended under AFR 39-10, decided to 
nts in his own  behalf.  However, no statements were received 
within the required time frame.  If you should receive any 
ectly from him before you render your decision, in an abundance 

of  caution, you should consider them. 
4 .   As discharge authority, your options are: 

a.  Retain the respondent; 

b.  Return the case to the squadron for processing under a more 

appropriate provision; 

- 

c.  Discharge the respondent with a general discharge, with or without 

suspension for probation and rehabilitation; or, 

d.  Forward your recommendation for an honorable discharge, with or 

without suspension for probation and rehabilitation to  15  AF/CC. 

5.  The file is legally suff 
discharge from the 
support AB 
United States Air Force.  AB 
misconduct demonstrates an unwillingness 
is, therefore, subj 
scharge and 
to conform to Air Force stan 
it is in the best interest of  the Air Force to separate AB 
t this 
time.  Probation and rehabilitation is not appropriate.  T 
der used 
g  letten of reprimand 
various disciplinary and rehabilitative tools 
and nonjudicial punishment in response to AB 
misconduct without 

P e a c e .

.

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

achieving the desired results.  In addition, AB 
rehabilitation in correctional custody in a sati 
indication that further attempts at rehabilitation wit 
be effective.  A  general discharge is appropriat 
makes an honorable discharge inappropriate, but it w 
justify an under other than honorable conditions dis 
is recommended that the discharge be executed and AB 
general discharge 
spension for probation an 

There is no 
r Force will 
misconduct 
regious as to 

Staff Judge Advocate 

, 

,I 

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

857TH SECURITY  P O L I C E  S Q U A D R O N  ( S A C )  

M l N O T  AIR  F O R C E  BASE:  N O R T H  DAKOTA 58705-5000 

REPLY TO 
ATTN.  O F  

SUBJECT. 

T O  

cc 
Letter of  Notification 

28  Dec  89 

AB 
1.  I am recommending your discharge from the United States Air Force for 
a pattern of  misconduct, more specifically, conduct prejudicial to good order 
and discipline pursuant to AFR 39-10, paragraph 5-47b.  If my recommendation 
is approved, your discharge will be characterized as an honorable or general. 
I am recommending your service be characterized as general. 

2.  My  reasons for this discharge action are: 

a.  On or about 8 December 1989, you did at Minot Air Force Base, ND, 

without authority, fail to go  at the time prescribed to your appointed place 
of duty.  For this, you recieved nonjudicial punishment under Article 15 of 
the Uniform Code of Military Justice (UCMJ) on 15 December 1989. 

b.  On 12 November  1989, you did, while in correctional custody, without 
authority, fail to go  at the time prescribed to your appointed place of  duty. 
For this the suspended nonjudicial punishment imposed 6  November 1989 was 
vacated on 7 December 1989. 

c.  On 27 October 1989, you were derelict in the performance of you duties 

in that you failed to refrain from setting off  fireworks in the dormitory. 
For this you received nonjudicial punishment under Article 15 of  the UCMJ on 
6 November 1989. 

d.  On 25 July 1989, during a scheduled inspection, you failed to maintain 

your dormitory room in the proper manner even though you had been previously 
directed to clean-up the dormitory room.  For this you received a Letter of 
Reprimand on 28 July 1989. 

e.  On 26 June 1989, you did, without authority, fail to go  at the time 
prescribed to a mandatory  formation evidenced by a Letter of  Reprimand dated 
29 June 1989. 

f .   On 24 June 1989, you did, without authority, fail to go at the time 
prescribed, to a mandatory  formation, to wit:  Flight Training Class.  For 
this you received a Letter of Reprimand, dated 26 June 1989. 

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 consult the 
Area Defense Counsel, at their office, Bldg 475, Room 306A. on 
______-_____------____ 
28  Dec  89 
counsel at your own  expense. 

You may consult civilian 

1989 at -0_9_0_0_---- 

hours. 

P e a c e .

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

' .   You have the right  to submit statements in your own  behalf. Any statements 
separation authority to consider must reach me by _0_1-30 hours 
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, 
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 the 
857th Strategic Hospital, Physical Exams Section, at  0800 hours on 26 December 
1989 for  the examination. 

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

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

Commander 

USAF 

2 Atch 
1.  Supporting Documents for the 

Reasons for Discharge 
a.  AF Fm 3070, dtd  15 Dec 89 
b.  AF Fm 366, dtd 7 Dec 89 
c.  AF Fm 3070, dtd  6 Nov  89 w/atch 

statements and police reports 
( 9  pgs);  Rehab Failure Ltr, 
dtd  30 Nov  89 (2 pgs) 

d.  LOR, dtd  28 Jul 89 
e.  LOR, dtd  29 Jun 89 
f.  LOR, dtd 26 Jun 89 

2.  Airman's  Receipt of Notification