PERSONAL APPEARANCE 

NAME OF'  COWSEL AND OR ORCAlVlWTION 

X  RECORD REVIEW 
ADDRESS AND OR ORCANIWTION  OF COUNSEL 

I 

HEARING DATE 
02-08-28 

--- 

CASE NUMBER 
FD2002-0144 

I 
I C&  heard at Washington, D.C. 

REMARKS 

I 

2  APPLICAI'ION  FOR REVIEW OF DISCHPLRGE 

3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL W I T S  SUBMITIED AT  TIME OF 
PERSONAL AF'PEARANCE 

ebOH THF.A~ACHED'& drlftfYlR CEDISPWGE REVIEW  &AF& 

DEUSIOWAL RATKINACE 

I 
I  TAPE RECORDING OF PERSONAL APPERANCE HEARING 
I 

I 

--- 1 

-. 

I 

Advise applicant of  the decision of the Board and the right to a personal appearance withlwithout counsel,  The right to 
submit an application to the AFBCMR 

swMIBR  ck  " 

550 C STREET  EST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFRQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF THE IUR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARGE REVIEW BOAR]) 
1535 COhlMAND DK, EE WING, 3"  FLCSOK 
ANDREWS AFB, MD 20762 7002 

Previous edition will be used. 

- 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD2002-0144 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge to  honorable,  to  change the  reason  and 
authority for the discharge, 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,  change of reason  and  authority  for  the  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  minor  disciplinary  infractions.  He  had  a  Record  of  Individual 
Counseling, four Letters of Reprimand, and an Article 15.  His misconduct included two instances of failure 
to  remain  in  his  dormitory  room  during  specified  hours,  failure to  obey  a  lawful  order,  disrespect to  a 
civilian instructor and  superior noncommissioned  oficer, a military uniform violation, smoking violation, 
and  underage drinking.  At  the  time  of the  discharge,  member  waived  his  rights to  consult counsel  and 
submit  statements in  his  own behalf.  Applicant  now  states his  misconduct was the  result  of immaturity, 
stress, and  inability to adapt to his career  field.  The Board noted that  member was the same age as other 
airmen who adhere to the standards when his misconduct occurred, and he knew right from wrong.  He was 
responsible for his actions and therefore held accountable for them.  He was counseled repeatedly and given 
numerous opportunities to  improve his  behavior but  failed to respond  to those rehabilitative efforts.  No 
inequity or impropriety was found in this discharge in the course of the records review 

The applicant cited his desire to return  to military  service.  While the Board  commends applicant on this 
desire,  and  is  sympathetic to the  impact  a General  discharge has  on  his  reenlistment  code, this  is  not  a 
matter of equity or propriety that warrants an upgrade 

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade.  While 
the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not  a matter of 
equity or propriety that warrants an upgrade. 

If  the  applicant  can  provide  additional  information  about  his  discharge,  and  documented  evidence  to 
substantiate an  inequity or  impropriety, he  should consider exercising his  right  to  a  personal  appearance 
hearing,  and be prepared to present the Board  with evidence of an  inequity or impropriety as well  as any 
exemplary post-service accomplishments and contributions to the community. 

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: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH AlC) 

1.  MATTER UNDER  REVIEW:  A p p l   rec'd  a GEN Disch fr USAF 01/04/L2 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge, to Change the RE Code, and Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 81/10/26.  Enlmt Age: 18 10/12.  Disch Age: 19 5/12. Educ:HS DIPL. 
AFQT: N/A.  A-63,  E-50,  G-48, M-41. PAFSC: 3E211  -  Pavements and Construction 
Equipment Helper. DAS: 00/11/06. 

b.  Prior Sv: none. 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 00/09/21 for 4 yrs. Svd: 00 Yrs 0 6   Mo 22 Das, all AMS. 

b.  Grade Status:  A1C  -  01/03/23 

c.  Time Lost:  none. 

d .  

Art  15's:  (1) 01/03/13, Sheppard AFB, TX -  Article 92,  You did, at 

or near  Fort  Leonard Wood, Missouri, on or about 11 Feb 
01, violate a lawful general instruction, to wit: para 
5.2.2;-SAFBI  36-2902, dated 15 Oct, by wrongfully 
failing to remain in proper military uniform.  You, w h o  
knew or should have known of your duties, at or near 
Fort Leonard Wood, Missouri, on or about 11 Feb 01, 
were derelict in the performance of those duties, in 
that you willfully failed to refrain from smoking 
cigarettes, as it was your duty to do.  Forfeiture of 
$521.00 pay and 15 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 16 MAR  01 -  Failure to remain in assigned dorm room 

LOR, 06 MAR 01 -  Failure to obey a lawful order. 
RIC, 22 FEB 01 -  Failure to return and remain in assigned 

from 2100-0400 &  underage drinking. 

LOR, 23 JAN 01 -  Disrespect to instructor and noncommiased 

dorm room between 2100-0400. 

LOR, 22 JAN 01 -  Failure to go. 

officer. 

f .   CM:  none. 

g.  Record of SV: none. 

(Discharged from Sheppard AFB) 

h.  Awards  &  Decs:  AFTR. 

i.  Stmt of  Sv:  TMS:  (00) Yrs  (06) Mos  (22) Das 
TAMS:  (00) Yrs  (06) Mos  (22) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2931  dtd 02/03/17. 

(Change Discharge to Honorable, Change the RE Code, and Change the Reason 

and Authority  for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 

To whom it may concern: 

I have been asked to address my reasons for leaving the military, while enlisted, with a 
separatibn.  I had  always been  interested in serving in  the military ever since I had discovered 
America's  history in the classroom.  IIow Roosevelt acted under pressure, and Truman, and the 
fact that 1 did not want to be a civilian who did not feel the need to contribute to the strength and 
stability of our country; a lot of civilians think that freedom is free, because all they have to do is 
flip the channel if they do not want to watch what is going on politically and militarily.  I decided 
to enlist in the Air Force, thinking that this would be the best branch to serve in, and it was, but 
that was not the problem at all. 

My initial enlistment was not really planned (I didn't  understand how it all worked) and 
unresearched. 1 had  the costs of college bearing down on my head and I was a na'ive eighteen- 
year-old who thought I knew how the world worked, but  I did not. I worked two jobs  and still 
found  myself  worn  out  (hard  work  is  no  stranger to  me)  and without  money;  money  left my 
pocket  before  it  was  replaced.  The money  I  earned  for  the  basic  necessities  of  life  all  went 
toward college tuition.  When I told my father I couldn't afford George Washington University's 
thirty thousand dollar a year tuition, he told me, " if you cannot continue school you c m o t  come 
home."  I didn't want to end school, but taking up a third job and still having time to study did not 
seem to  be  a good  an  option.  I couldn't  go home,  and  that  was understandable  knowing  the 
confinements of coming from a poor background.  I was staying with an uncle who gave me three 
weeks to find a job  that would find a place with utilities for myself.  I did not know what job  I 
could get to resolve the situation; I only possessed the academic merits of a high school diploma 
and most high paying jobs want a college degree. 

I went to an Air  Force recruiter, who told me I could most likely get a job  in a writing 
field, even if I did not get it guaranteed before I went in to boot camp.  I did not have a lot of time 
to make a clear decision.  So I enlisted without obtaining in writing, a guaranteed job;  one that I 
would be best able to perform.  When I was midway through basic training, I asked for a job that 
was less than the one I would be good at, although still desirable, one I thought would be good for 
me. Toward the end of basic training, I received a job that correlated with the lowest score on my 
A.S.V.A.B.  My  English  and  reading  comprehension scores  on  the  test  were  pretty  good,  but 
mechanical and spatial reasoning were kind of low. 

I finished boot camp feeling: disciplined, humbled, and in good physical shape.  When I 
amved in A.I.T, although I had not gotten the job  I knew I would  do well  in, I still wanted to 
make my family proud and succeed at the job anyway.  I trjed to learn my career field to the best 
of my  ability, but  I  found,  since I had  no  aptitude in  Civil  Engineering  -I am  a  fighter and  a 
writer- I found what most people found to be simple, to be the most difficult schooling I had ever 
experi'enced; harder than college. I did not fall tests on purpose, if you fail a test, you have to wait 
several weeks, and go take them again while your other cclssmen proceed ahead.  I started to be 
thought of a somewhat dumb because I was having a hard  time with  the hands on parts of my 
training. The teachers said, " If it is so simple to us, how come you have so much trouble."  The 
only way I  can put  it clearly is with  an  analogy of  that:  if you have  never played  in  the sand 
would you know which shovel to use, and be good in using the shovel.  I wasn't  afraid to get my 
hands dirty, I did it every day, but the mechanical operating skills did not come naturally to me 
and sometimes not  at all, yet I was still willing to learn.  Others had  asked for the CE job  and 
h e w  all  its  aspects:  they had  driven  dozers on  farms,  used  graders  to  plant  crops,  and  even 
backhoes  too,  I had  not  at  all,  I  did  not  know  what  they  were.  Honestly, I had  never  even 
changed a tire before training. 

I began to feel frustrated and smoked a cigarette while at chow break near the Marines; I 
needed to alleviate stress, and chose the wrong manner to do it. It was wrong and I am dense for 
doing it, it had alleviated stress at the time, but none of the cigarette smolung incidents was worth 
the repercussions of the actions themselves.  I started to feel like my natural talents were stifled, 
the ones I am good at using, and would never really be able to show themselves, because I was 
performing a job that didn't need them at all.  I felt I had no natural skills to have a good career in 
that field, so I went and asked to be reclassed; I wanted the years in the service to be productive. 
After I received the L.O,R. for smoking a cigarette during the duty day, I feel I gained a negative 
jacket,  one  I  wasn't  trying  to  get  and  one I tried  to  take off.  I now  realize  it was  a  point  of 
structural integrity  of enlisted personnel  they were trying to  uphold, and my  smokmg broke a 
rule.  Not  being  able to  be  a  reclass  struck a blow  to  my  confidence  and  ability  to perform 
because, even while being taught the field, it was like it just did not come to me.  I was clumsier 
with machinery, and what other people could do with ease, seemed to take me forever, or more 
time to retake a course.  When I progressed to the next step in training, the  same teachers who 
noticed I was somewhat slow earlier in training were there to teach me,  and some of the time, 
help me out, but I still struggled with construction machinery.  I felt stressed and, even though I 
was trying, I unfortunately felt it was very hard even, as a taught Airman.  I drank two to three 
times after the duty day at night, and was caught.  I, mistakenly, had thought beer was the best 

way, at the time to alleviate stress, even though; I am not really inclined to use alcohol.  I should 
have rethought and taken a more responsible and appropriate approach. What I did was to relieve 
the  burdens  of  technical  training,  technical  training  that  I  was  not  best  suited  for.  I  acted 
irresponsibly  and  those  actions  were just  bad  decisions  on  my  part.  What  I did  I think  was 
recourse for the struggle of the hands on training that to me was extremely difficult. I wanted to 
finish arid proceed into the operational Air Force.  I felt that when I went in to the operational Air 
Force in the field of CE, that I would not be fully operational. Even trying to progress with what 
opportunities I had, I was hoping for a job,  that in the event that a war came, I could perform to 
the best of my abilities.  I had signed up for a job  for six years in which I felt I did not have the 
skills to perform proficiently. 

I felt even though I was working toward graduating the CE field, -I  never intentionally 
neglect an opportunity even if I am not good with it-  no matter how hard, that if I had gone in 
with  a  planned  goal, like the  one I have now  of being a journalist  in  the Army,  I would  have 
thrived in the Air Force.  After I had received rehabilitative punishment, endured open-mindedly, 
for the Letter of Reprimands, I was to have a clean slate after being rehabilitated and be able to 
get back on course by being put back in class.  I successfully passed front-end loaders and tractor 
trailers because I was trying to learn the CE field and wanted to progress out of A.1.T.  I joined 
the Air Force for a reason, even though at the beginning, I was not sure what job  to perform, if it 
was not in a writing field. During thik time I wanted to overcome my L.O.R.'s for stupid actions 
and perhaps be deployed at a later date. I had waited to get back into school and wanted to keep 
going. 

I enjoyed  the  camaraderie  and  loyalty I  was  a  part  of  while  in  the  service, everyone 
always looks out for other Airmen.  I dishonored myself by drinking under the age and admit that 
smoking cigarettes on different occasions gave my instructor's  an initial negative impression of 
me; one I wish I had not given by my actions at all.  I am not proud of getting the Article 15, and 
am sorry I allowed teenage angst to define my term of service within the Air Force.  The whole 
situation got out of hand and I did not want my career to be  seriously hindered so I talked with 
First Sergeant. I did not know if I would ever truly understand the career field I was given. That 
was the point I thought about separating, but I still wanted to succeed in the Armed Forces.  To 
this day I want to succeed, but perhaps in a different field and a different branch (I still like the 
Air Force it was the field of CE, and if I could still be in the Air Force I would be, I did not know 
how the circumstances could be reconciled) where there will be a clean slate and a job that would 

suit the militaries needs and my own; where there is no room for losing my focus.  I do not want 
to just  leave a mess of paperwork to be read that says I am not a good airmen and person. I want 

to go into the Army and show what I can do, and what I am about, in a planned and thought about 
situation that can prove what I can do, by  my actions and abilities, to the service. I do respect 
authority and recognize why it is put there in order to make a whole system work, almost like the 
cohesive affcct of glue.  I am sorry and regret, while in A.I.T.,  that my integrity faltered, at first, 
and  let  conceptions  of  my  persona  be  construed  in  a  negative  manner  in  the  eyes  of  my 
instructdrs, as to lead them to believe that I wasn't  trying to be a good Airman.  The  situation 
denied my  honorable,  worthy values, and restricted my  good  qualities with talents  that,  to this 
day, lie dormant inside of my mentality along with personality that wait to be used in a productive 
and positive manner.  I cannot change the events that regrettably occurred, on my part, during my 
CE training, I can only think about them -and have over time- and how I handled the situations, or 
what could have been done differently as to avoid disorder and continue progressing onward. 

In,my present  state I wish and hope to redeem  my  image and reputation  in the Armed 
Services.  I wish to take my talents in a new direction toward a new goal. I will use new strategy 
and plan in mind, without holes, or room for mistakes at all. Where plans of what is to be of my 
life are seen at all times so I can get to a place in  the service where I excel, I have  spent time 
looking in to the journalism field and I think it is a good opportunity and I will be good at it, if I 
am allowed to  enlist in the Army, and given another chance at serving my country in the right 
manner. 

I have had a lot on my mind that I need to convey to some people that are willing to hear. 
I appreciate your willingness to take this letter into consideration in compiling your decision on 
my behalf. 

1 

To whom it may concern: 

If I am allowed to reenlist into a branch of the military, what I have in mind is the 

Army.  If allowed I will not waste, or be a waste of the government's money and time. 
The opportunity will serve as a handout of and for a better future for the service and me. 
I will contribute to the highest of my ability, without say: my time, sincerity, and 
commitment to the job I am obliged to, willfully, and without regret for my full term of 
service.  When I was in High School, I always immersed myself in activities I had a 
definitive passion for doing; those that I would work best in, and would work best for me, 
almost in a kind of flow.  I took Advanced placement English, Advanced placement 
History, Advanced Placement Biology, and other such courses I had an aptitude for, and 

which I felt would hone my mind and potential to be a better, and more educated person 

throughout life. When I was eighteen I didn't seem to fully understand the chances given 
in life to have a productive stance in society and be successful.  The experience I had at 
that point, did not lend me the knowledge of if you have something good, go with, and 
not against the grain.  I realize this every time I look at what I could have in the service 
and what time I did not use properly. 

At this point I can still have a good career and possibilities at the end of my daily 

and yearly tunnel through life. I am a good person, and I think that if I had gone in the 
service with a planned goal, like with what I am thinking of toward the Army now, I 
would have never separated, it would not have crossed my mind. Every time an officer 
comes out of a subway tunnel and I see the insignia, or lapels on their collar, I look 
towards them and think about a commitment I would like to have again, a clean and crisp, 
honorable, worthy, and distinct image that accompanies the uniform when fit into.  In 
high school I never enrolled in any class having to do with mechanics, or auto shop 
because that is the one field I have never had skill in, and is supremely difficult for me to 

learn.  With this realization of my lack of mechanical skill, my path changed to the 
humanities, and that is where it has flourished and has stayed.  This is the reason I hope I 
am given a chance at redeeming myself, in the view of our Nation's  military, by 
becoming journalist in the Army, because it is a career field that would be productive to 
and for, both the service, and me. I was thinking that I would go Airborne to get more 
experience. 

If the opportunity were given to me I would like to join  the Army for four 

" 

(uninterrupted) and productive years. I would like to be a journalist, because the truth can 
be presented in order to document what is going on and I do well in writing. I would like 
to use the Montgomery G.1. Bill to go to college and take college classes after I finish 
journalism training.  In my spare time, I enjoy photography, and would have no problem 
conforming to the style and structure these activities would assume during my term of 

service.  I like computers and have experience wilh file maker professional, the Internet, 
data entry, and technology in general.  I have had small jobs,  fast food, internships, but 
nothing you could call a career besides my time in the Air force, that I regretfully lost.  I 
am sorry I didn't  do things right the first time around and I have suffered at the cost of 
my decision to prematurely separate without running the whole gambit.  I thought I knew 
without really knowing, even when I tried to contend against L.O.R.'s, I was just 
fumbling around in the dark without my future's flashlight.  Sometimes people mess up 
and think for today, rather than tomorrow, and that's  where they and I went wrong in the 
path. 

I have had to take typing tests for jobs, and can type about forty-five words per 

, 

minute; the skill helped me a lot when I was in yearbook.  I feel I can articulate my 
thoughts well and like public speaking. I have always wanted to be in a journalism  field 
and this is still my true passion,  I have tried to put my all in these to letters, and in doing 
so, hope I -along  with the military record researched- can give an accurate representation 
of who I was, am, and what X can become, so that image can be construed in your eyes. 

My recruiter, a nice and honest fellow, divulged the information that I might have 

to wait a year to become a journalist out of boot camp, during that interval, between 
Journalism training, I was hoping I might be able to go Airborne.  If this works out, I 
won't  mind waiting because all good things come to those who wait.  This possible 

opportunity is beyond good and worth waiting for. I am, and have been sorry, and 

apologize for any reflections on myself and that upon the service that my actions, 
childishly, took part in during A.I.T. Thank you for taking the time to read this document 
and take it into consideration in compiling your decision. 

To Whom It May Concern: 

If decisions are made regarding a change in my DD Form 214, allowing reenlistment, or 

any changes at all, could two copies please be sent out.  One copy to this address please: 

And another copy to this second address please: 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING  COMMAND 

9 Apr 01 

MEMORANDUM FOR 782 TRGIC'C 

FROM:  82 TRWIJA 

SUBJECT:  Legal Review, Recorrlrrlendatiori for Discharge - 

366 TRS, L k t  7 

- 

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

2.  Basis for Action.  0 
rec 

.. 

. 

01, the 366 TRS, Dct 7lCC not 
be discharged from the servic 

-. 

3.  Evidence for the ~ommander. The preponderance of the evidence in the case file supporting the 
detachment commander's recommendation consists of the foliowing: 

a.  The respondent did, at or near Fort Leonard Wood MO, on or about 15 Mar 01, violate a lawful 
general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5, dated 15 Oct 97, failing to return to and 
remain in his assigned dormitory from 2100-0400.  For this misconduct and subparagraph "b" below, he 
received a Letter of Reprimand (LOR) on 16 Mar 01. 

b.  The respondent did, at or near Fort Leonard Wood MO, on or about 15 Mar 01, violate a lawful 

general instruction, to wit:  SAFBI 36-2902, paragraph 2.1.1 1, datrd 15 Oct 97, by consuming alcoholic 
beverages while under the legal drinking age of 2 1. 

I 

- 

c.  The respondent did, at or near Fort Leonard Wood MO, on or about 1 1 Feb 01, violate a lawful 
general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.2, dated 15 Oct 97, by wrongfully failing to 
remain in proper military uniform.  For this misconduct and subparagraph "d" below, he received an 
Article I5 on 13 Mar 01. 

d.  The respondent, who knew or should have known of his duties at Fort Leonard Wood MO, on or 

about 11 Feb 01, was derelict in the performance of those duties in that he willfully failed to refrain from 
smoking cigarettes, as it was his duty to do. 

e.  The respondent,having knowledge of a lawful order issued b 
wit:  an order which was his duty to obey, did, at or near Fort Leon 
fail to obey the same by failing to place ;he  grader in park position.  For this misconduct, he received an 
LOR on 6 Mar 01. 

f.  The respondent did, at or near Fort Leonard Wood MO, between on or about 15 Feb 01 and on 

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,fgrward, or release without the prior approval of the 

sender or of  82 TH KUA. 

or about 18 Feb 01, violate a lawful general instruction, to wit:  SAFRI 36-2902, paragraph 5.2.5, dated 
15 Oct 97, by failing to return to and remain in his assigned dormitory from 2100-0400.  For this 
misconduct, he received an AF Form 174, Record of Individual Counseling, on 22 Feb 0 1. 

was, at Fort Leonard Wood MO 
and a  onco commissioned office 

received an LOR on 23 Jan 01. 

0 1, disrespecthl to his 
For this misconduct, he 

h.  The respondent did, at or near Fort Leonard Wood MO, on or abo~it 21 Jan 01, fail to go to his 

appointed place of duty at the appointed time, to wit:  tnandatory study session.  For this misconduct, he 
received an LOR on 22 Jan 0 1. - 

4.  Additional Information.  The respondent is 19 years old, began his present enlistment on 21 Sep 00, 
and was assigned to his unit on 6 Nov 00.  IIis ASVAB scores are as follows:  A - 63, E - 50, G - 48, and 
M - 4 1.  The respondent is entitled to wear the Air Force Training Ribbon.  He has waived his right to 
consult with counsel and he has waived his right to submit statements for review. 

5.  We note no administrative errors of legal significance and we concur with the detachment 
commander's recommendation for an under honorsble conditions (general) discharge. 

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

a.  Dir 

etention; 

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 tha 

e discharged with an honorable discharge.  If you determine an 

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

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

at 

Attachment: 
Case File 

Staff Judge Advocate 

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

sender or of 82 TR W/JA. 

~ 

DEPARTMENT OF THE AIR FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR A 1 

FROM:  366 TRS, DET 7lCC 

1 8 1  COOLEY DRIVE, SUITE A 
FORT LEONARD WOOD MO 65473 

SUBJECT:  Notification Memorandum 

0  5  APR  2001 

366 TRS, DET 7 

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 MI  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  I5 Mar 01, violatc a lawful 

general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5, dated  15 Oct 97, fail to return to and 
remain in your assigned dormitory from 2 100-0400.  For this misconduct and subparagraph "b" below, 
you received a Letter of Reprimand (LOR) on  16 Mar 0 1. 

b.  You did, at or near Fort Leonard Wood MO, on or about 15 Mar 01, violate a lawhl 
general instruction, to wit:  SAFBI 36-2902, paragraph 2.1.1 1 ,  dated  15 Oct 97, by  consuming 
alcoholic beverages while under the legal drinking age of 21. 

c.  You did, at or near Fort Leonard Wood MO, on or about  1 1  Feb 0 1 ,  violate a lawful 

general instruction, to wit:  SAFBI 364902, paragraph 5.2.2, dated  15 Oct 97, by wrongfully failing 
to remain in  proper military uniform.  For this misconduct and subparagraph "d"  below, you received 
an Article  15 on  13 Mar 01. 

d.  You, who knew or should have known of your duties at or near Fort Leonard Wood MO, 
on or about 1 1 Feb 01, were derelict in the performance of those duties in that you  willfully failed to 
refrain from smoking cigarettes, as it was your duty to do. 

e.  You, having knowledge of a lawful order issued b 

to wit: 

an order which was your duty to obey. did, at or near Fort Leonard Wood, MO, on or about 5 Mar 
01, fail to obey the same by  failing to place the grader in park position.  For this misconduct you 
received an LOR on 6 Mar 01. 

f.  You did, at or near Fort Leonard Wood MO, between on or about  15 Feb 01, and on or 

about  18 Feb 01, violate a lawful general instruction, to wit:  SAFBI 36-2902, paragraph 5.2.5, dated 

15 Oct 97, by  failing to return ;o and remain in ihe assigncd dormitory nbrn 21 00-0400.  For this 
misconduct you received an  AF For  174, Record of Individual Counseling, on 22 Feb 01. 

or near Fort Leonard Wood MO  on or about 23 Jan 01, disrespectfbl to your 
nd  a noncommissioned ofic 

For this misconduct you 

received an LOK on 23 Jan 0 1 . 

h.  You did, at or near Fort  Leonard Wood MO, on  or about 21 Jan 01, fail to go to your 

appointed place of duty at the appointed time, to wit:  mandatory study session.  For this misconduct 
you received an LOR on 2 2  Jan 01. 

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 will  probably be denied enlistment in  any component of the armed forces. 

3.  You  have the right to consult counsel.  Military legal counsel Captain 
Sheppard AFB, has 
been obtained to assist you.  I have made an appointment for you to consult via telephone, 1-940-676- 
21 86 at  1400 hours on 6 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  1630 hours on  10 Apr 01 unless you  request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  If yo11 fail to consult counsel or submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 

6.  You were scheduled for a medical examination at the Consolidated Troop Medical Clinic at  1300 
hours on 5 Apr 0 1  for the examination. 

7.  Any personal information you hrnish in  rebuttal is covered by  the Privacy Act of 1974.  A copy of 
AFI 36-3208 is available for your use in theorderly room. 

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

Commander 

Attachments: 
1.  LOR,  16Mar01 
2.  AF Form 3070, 13 Mar 0 1 

5.  LOR, 6 Mar01 
6 .   Response to LOR, undated 
7.  AF Form  1 74,22  Feb 0 1 
8.  LOR; 23 Jan01 
9.  Response to LOR, undated 
10. LOR, 22 Jan 01 
1 1 .  AETC Form  125A,  15 Mar 01 
12. AETC Form  156,O I 0 129 
13. LACKLAND AFB Form 205 
14. Airman's  Receipt to Notification Memorandu 

cc: 
82 MSSIDPMAR 
366 TRSICSS (File) 
Individual 

'