AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD2002-0053 

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 leading to the 
discharge. 

FINDINGS:  Upgrade of discharge is denied. 

I 

The board finds that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety, which would justify a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue 1.  Applicant contends that he should not be penalized  indefinitely for a mistake he made when young. 
The DRB recognized the applicant was  18 years  of age when the discharge took place.  However, there is 
no  evidence  he  was  immature  or  did  not  know  right  from  wrong.  The  DRB  concluded  that  the 
characterization of the applicant's discharge was appropriate due to the misconduct. 

Issue 2. The information provided by the applicant and contained in his records was carefully reviewed by 
the DRB.  The records  indicated  the  applicant  received  three Letters of Reprimand,  and  one Record  of 
Individual  Counseling  for misconduct.  The misconduct  included  dereliction of duty,  yelling  profanity  in 
formation, failure to maintain  military  dress and appearance standards,  failed dorm inspections,  failure to 
go on numerous occasions, lying to a non-commissioned officer,  and damaging government property.  The 
DIU3 opined that through these administrative actions, the applicant had  ample opportunities to change his 
negative behavior.  The DRB concluded that the characterization of the discharge received by the applicant 
was appropriate. 

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, 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 

FD2002-0053 

(Former AlC)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 0 1 / 0 4 / 0 5   UP AFI 36- 3208, 
para 5 . 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 8 2 / 0 6 / 1 6 .  

Enlmt Age: 17  9 / 1 2 .   Disch Age: 1 8   9/12. Educ:HS DIPL. 

AFQT: N/A.  A-51,  E-51,  G-46,  M-50. PAFSC: 3E311 -  Structural Helper. 
DAS: 0 1 / 1 0 / 0 2 .  

b.  Prior Sv: (1) AFRes 0 0 / 0 3 / 2 5   -  0 0 / 0 8 / 0 8  

( 4   months 1 4   days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  0 0 / 0 8 / 0 9   for 6  yrs. Svd: 00  Yrs 07 Mo 2 7   Das, all AMs. 
b.  Grade Status:  A1C -  0 1 / 0 2 / 0 9 .  
c.  Time Lost:  none. 

d.  Art 1 5 ' s :  
e.  Additional: LOR, 02  MAR  01 -  Failure to go. 

(1) none. 

LOR, 12 FEB 01 -  Failure to go o,a 02  Feb 01;  dere iction 
of duty o/a 7  Feb 01; failure to go o/a 7 
Feb 01; failure to go o/a 9  Feb 01; lied 
to a noncommissioned officer o/a 9 Feb  01; 
failure to go o/a 1 2   Feb 01; dereliction 
of duty o/a 12 Feb 01. 
RIC, 04  FEB 01 - Failure to go o/a 4  Feb 01;  on 4  Feb 01, 
departed place of duty w/o proper 
authority; on or about 2  Feb 01, damaged 
government property on or about 2  Feb 01; 
violation of a  lawful general instruction, 
to wit: SAFBI 3 6 - 2 9 0 2 ,   para 2 . 1 . 2 .  
LOR,  18 JAN 01 - Violate a lawful general instruction, to 
wit: SAFBI 3 6 - 2 9 0 2 ,   para 2 . 1 . 2 ;   acting 
unproffessionally by yelling profanity in 
formation; failure to have Battle Dress 
Uniform (BDU) and boots in serviceable 
condition; failure to go o/a 4  Jan 01;  on 
or about 2 8   Nov 00, fail to shave; failure 
to keep dorm room in inspection order at 
all times; security violation o/a 2 8   Nov 
00. 

FD2002-0053 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (01) Yrs  ( 0 0 )   Mos  (11) Das 
TAMS:  ( 0 0 )   Yrs  (07) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/04/04. 

(Change Discharge to Honorable) 

Issue 1:  I ------,   am seeking a discharge upgrade.  I have had time to 
reflect on what I have done.  I realize that the actions I have taken in the 
past have not only affected myself, but also the people around me.  I know that 
I have made some mistakes in the past, and for that I am very apologetic.  The 
irresponsible acts I have commited (sic) have not only disgraced myself, but the 
United States Air Force, my training squadron, and my country.  I also realized 
I needed to get my priorities straight. 
to do that. 

Since April Sth,  I have tried my best 

My dream has always been to join the Air Force and to be an officer and a p i l o t .  
Now, because of the irresponsible things I have done, I may not be able to 
follow that dream.  That is why I am trying to upgrade my discharge, so I can 
prove myself, my family, and my country that I can do it. 

I am asking that you review my files so I might have another chance to prove 
myself. 

ATCH 
1. DD Form 149. 

02/05/20/ia 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

3 Apr 01 

MEMORANDUM FOR 782 TRGKC 

FROM:  82 TRW/JAC 
SUBJECT:  Legal Review, Recommendation for Discharp: - A1 

366 TRS, Det 6 

1. We have reviewed this discharge case file and frnd 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 support A1 C 
be discharged with 
Air Force.  We concur with the 366 TRS, Det 6/CC that A1 C-hould 
an under honorable conditions (general) discharge in accordance with AFI 36-3208, paragraph 
5.49 (minor disciplinary infractions). 

discharge from the 

2.  Basis for Action.  On 22 Mar 01, the 366 TRS, Det 6/CC notified A1 
recommending that A1C-be 

discharged from the service due to his misconduct. 

hat he was 

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

a.  The respondent did, at or near Gulfport MS, on or about 28 Feb 01, fail to’go to his 

appointed place of duty at the prescribed time, to wit:  physical conditioning at 1830. For this 
misconduct, he received a Letter of Reprimand (LOR) on 2 Mar 01. 

b.  The respondent did, at or near Gul@ort MS, on or about 2 Feb 01, fail to go to his 
appointed place of duty at the prescribed time, to wit:  mandatory study at !MO.  For this 
misconduct and subparagraphs “c” through 3“ below, he ieceived an LOR on 12 Feb 01. 

c.  The respondent, who knew or should have known of his duties at Gulfport MS, on or about 
7 Feb 0 1, was derelict in the performance of those duties in that he failed to complete his assigned 
homework. 

d.  The respondent did, at or near Gulfport MS, on or about 7 Feb 01, fail to go to his 

appointed place of duty at the prescribed time, to wit:  TSgt 

office at 0730. 

e.  The respondent did, at or near Gulfport MS, on or 
appointed place of duty at the prescribed time, to wit:  TS 

f.  The respondent did, at or near Gulfport MS, on or about 9 Feb 01, lie to a noncommissioned 

officer. 

g.  The respondent, who knew of his duties at Gulfport MS, on or about 9 Feb 01, was derelict 

in the performance of those duties in that he failed to complete his assigned homework. 

h.  The respondent did, at or near Gulfport MS, on or about 12 Feb 01, fail to go to his 
ffice at 0730. 

appointed place of duty at the prescribed time, to wit:  TS 
This communication is privileged as attorney work product anNor attornq-climt communication or is 
protected by another privilege recognized under the law.  Do i d  distribute, forward, or release without 

the prior approval of the sender or of 82 TRWIJA. 

- 

i.  The respondent, at or near Gulfport MS, on or about 12 Feb 01, was derelict in the 

performance of those duties in that he failed to complete his assigned hommork. 

j. The respondent did, at or near Gulfport MS, on or about 4 Feb 01, fail to go to his appointed 

place of duty at the prescribed time, to wit:  mandatory study at 1400. For this misconduct and 
subparagraphs “k” through “m” below, he received an AF Form 174, Record of Individual 
Counseling, on 5 Feb 01. 

k.  The respondent did, at or near Gulfport MS, on or about 4 Feb 0 1, depart his place of duty 

without proper authority. 

1.  The respondent did, at or near Gulfport MS, on or about 2 Feb 01, damage government 

property by defacing a welding booth. 

m.  The respondent did, at or near Gulfport MS, on or about 2 Feb 01, violate a lawful general 

instruction, to wit:  SAFBI 36-2902, paragraph 2.1.2, by failing to carry at least two properly 
filled out AETC Forms 341, Excellence/Discrepancy Report, at all times. 

n.  The respondent did, at or near Gulfport MS, on or about 15 Jan 01 and on or about 

16 Jan 01, violate a lawful general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5, by 
failing to return to and remain in his assigned dormitory from 2200-0400 Sunday through 
Thursday and return and remain in quarters from 2300 until 0400 Friday and Saturday.  For this 
misconduct and subparagraphs “a” and “p” below, he received an LOR on 18 Jan 01. 

0. The respondent did, at or near Gulfport MS, on or iibOUt  17 Jan 01, act unprofessionally by 

yelling profanity in physical conditioning formation. 

p.  The respondent did, at or near Gulfport MS, on or about 18 Jan 01, violate a lawful general 

instruction, to wit:  AFI 36-2903, Table 2.2, Line 1,2, and 4, by failing to have his Battle Dress 
Uniform and boots in serviceable condition.. 

q.  The respondent did, at or near Gulfport MS, on or about 4 Jan 01, fail to go to his 

appointed place of duty at the prescribed time, to wit:  Charge of Quarters.  For this misconduct, 
he received an AF Form 174 on 8 Jan 01. 

r.  The respondent did, at or near.Gulfport MS, on or about 28 Nov 00, violate a lawful general 
instruction, to wit:  AFI 36-2903, Table 1.4, Line 1, by failing to shave.  For this misconduct and 
subparagraphs “s” and “t” below, he received an AF Form 174 on 4 Dec 00. 

s.  The respondent did, at or near Gulfport MS, on or about 28 Nov 00, violate a lawful general 

instruction, to wit:  SAFBI 36-2902, baragraph 2.1.3, by failing to keep his dormitoly room in 
inspection order at all times. 

t.  The respondent did, at or near Gulfport MS, on or about 28 Nov 00, have a security 

violation. 

4.  Additional Information.  The respondent is 18 years old, began his present enlistment on 
9 Aug 00,  and was assigned to his unit on 2 Oct 01.  His ASVAl3 scores are as follows: A - 51, 

~ 

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 of 82 TRWIJA. 

E - 51, G - 46, and M - 50.  The respondent is entitled to wear the Air Force Training Ribbon.  He 
has waived his right to consult with counsel and has waived his right to submit statements for 
your consideration. 

5.  We note no administrative errors and concur with the detachment commander’s 
recommendation for an under honorable conditions (general) discharge. 

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

a.  Direct AIC -retention; 

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

Rehabilitation; 

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

d.  Recommend that AlC-be 

discharged with an honorable discharge.  If you determine 

an honorable discharge is appropriate, this file must be forwarded to 2 N / C C  since only a 
General Court-Martial Convening Authority may approve an honorable discharge 
characterization when the basis for discharge is misconduct (AFJ 36-3208, paragraph 5.48.4). 

7. If you have any questions regarding this matter, please contact Capt 
ext 6-71 86. 

at 

Attachment : 
Case File 

This communication is privileged as attorney work product an&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 of 82 TRWIJA. 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR A1 C 

FROM: 366 TRS,DET 6/CC 

5510 CBC 8TH STREET 
GULFPORT MS 39501 

SUBJECT:  Notification Memorandum 

.22 Mar 01 

366 TRS, DET 6 

- 

1. I am recommending your discharge from the United States Air Force for minor disciplinary 
infi-actions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your services will be characterized as an honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reason for this action are: 

a.  You did, at or near Gulfport MS, on or about 28 Feb 01, fail to go to your appointed 

place of duty at the prescribed time, to wit:  physical conditioning at 1830. For this misconduct 
you received a Letter of Reprimand (LOR) on 2 Mar 01. 

b.  You did, at or near Gulfport MS, on or about 2 Feb 01, fail to go to your appointed place 

of duty at the prescribed time, to wit:  mandatory study at 1400. For this misconduct and 
subparagraphs “c” through “i“ below, you received an LOR on 12 Feb 01, 

c.  You, who knew or should have known of your duties at Gulfport MS, on or about 

7 Feb 01, were derelict in the performance of those duties in that you failed to complete your 
assigned homework. 

d.  You did, at or near Gulfport MS, on or about 7 Feb 01, fail to go to your appointed place 

of duty at the prescribed time, to wit:  TS 

office at 0730. 

e.  You did, at or near Gulfport MS, 
of duty at the prescribed time, to wit:  ,TSg 

0 1, fail to go to your appointed place 

f.  You did, at or near Gulfport MS, on or about 9 Feb 01, lied to a noncommissioned 

officer. 

g.  You, who knew of your duties at Gulfport MS, on or about 9 Feb 01, were derelict in 

the performance of those duties in that you failed to complete your assigned homework. 

h.  You did, at or near Gulfport MS, on or about 12 Feb 01, fail to go to your appointed 

place of duty at the prescribed time, to wit:  TSgt 

ffice at 0730. 

i.  You, who knew of your duties at Gulfport MS, on or about 12 Feb 01, were derelict in 

the performance of those duties in that you failed to complete your assigned homework. 

j.  You did, at or near Gulfport MS, on or about 4 Feb 01, fail to go to your appointed place 

of duty at the prescribed time, to wit:  mandatory study at 1400.  For this misconduct and 
subparagraphs “k” through “m” below, you received an AF Form 174, Record of Individual 
counseling, on 5 Feb 01. 

k.  You did, at or near Gulfport MS, on or about 4 Feb 01, depart your place of duty 

without proper authority. 

1.  You did, at or near Gulfport MS, on or about 2 Feb 01, damage government property by 

defacing a welding booth. 

m.  You did, at or near Gulfport MS, on or about 2 Feb 01, violate a lawful general 

instruction, to wit:  SAFBI 36-2902, paragraph 2.1.2, by failing to carry at least two properly 
filled out AETC Forms 341, Excellence/Discrepancy Report, at all times. 

n.  You did, at or near Gulfport MS, on or about 15 Jan 01 and on or about 16 Jan 01, 

violate a lawfbl general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5, by failing to return 
to and remain in your assigned dormitory fi-om 2200 to 0400, Sunday through Thursday.  Return 
to and remain in quarters fi-om 2300 until 0400, Friday and Saturday. For this misconduct and 
subparagraphs “0” and “p” below, you received an LOR on 18 Jan 01. 

0. You did, at or near Gulfj?ort MS, on or about 17 Jan 01, act unprofessionally by yelling 

profanity in physical conditioning formation. 

p.  You did, at or near Gulfport MS, on or about 18 Jan 01 , violate a lawful general 

/instruction, to wit:  AFI 36-2903, Table 2.2, line 1,2, and 4, by failing to have your Battle Dress 
Uniform (BDU) and boots in serviceable condition. 

q.  You did, at or near Gulfport MS, on or about 4 Jan 01, failed to go to your appointed 

place of duty at the prescribed time, to wit:  charge of quarters briefing.  For this misconduct you 
received an AF Form 174 on 8 Jan 01. 

- 

, 

r.  You did, at or near Gulfport MS, on or about 28 Nov 00, violate a lawful general 

instruction, to wit:  AFI 36-2603, Table 1.4, line 1, by failing to shave.  For this misconduct and 
subparagraphs “s” and “t” below,  you received an AF Form 174 on 4 Dec 00. 

s.  You did, at or near Gulfjport MS, on or about 28 Nov 00, violate a lawful general 

instruction, to wit:  SAFBI 36-2902, paragraph 2.1.3, by failing to keep your dormitory room in 
inspection order at all times. 

t.  You did, at or near Gulfport MS, on or about 28 Nov 00, you had a security violation. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation 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 characterized.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force and probably be denied enlistment in any component of the armed 
forces.  Any special pay, bonus, or education assistance funds may be subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
You are scheduled to contact the Area Defense Counsel, Keesler AFB, 377-3722, at 1600 hrs on 
22 Mar 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 27 Mar 01 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, your failure will 
constitute a waiver of your right to do so. 

6.  You have been scheduled for a medical examination on 26 Mar 01.  You must report to the 
Keesler Medical Center, Adult Ambulatory Care Clinic with your medical records. 

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 366th Training Squadron, Det 6, Unit 
Personnel Office. 

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

Attachments 
1.  LOR,2Mar01 
2.  366 TRS DET 6/CFF Memo, 8 Mar 01 
3.  LOR,  12 Feb 01 
4.  366 TRS DET 6/CFF Memo, 15 Feb 01 
5.  AF Form 174,5 Feb 01 
6.  LOR, 18 Jan 01 ’ 
7.  AF Form 174,8 Jan 01 
8.  AF Form 174,4 Dec 01 
9.  AETC Form 125A, 12 Mar 01 
10. AETC Form 156, CL2001004