A 

N \ME  OF SERVICE I\IF:RlBEH (I.AS1'. FIKSI'  MIDDLE  INII'IAI,) 

GRADE 

4CSNlSSAN 

AIR FORCE DlSCHARGE REVJEW BOARD HEARING RECORD 

TYPE  (;EN 

PERSCINAL  APPEARANCE 

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N A I I L  O F  COlihSLL A\D  OR OkG,\NUATION 

ADDRESS AND OR ORGANIZATION  OF VOllNSEL 

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MEMBER SITTING 

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EXHIBITS SCB.MITTED TO THE BOARD - .- - 

I  ORDER M P O N N  THE BOARD 

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2  MP1,ICAI'ION  FOR REVIEW 01'  UISCHAR(;E . .- 

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. . , ,. . ,.  . 

LETTER OF NOTIFICATION 

PERSONAL  APPEARANCE 
I  TAPE KF.C:ORDING O F  PERSONAL APPEAKhNCt 

I 

1  BEARIN(;  DATE 

/  CASE NIIhIBER 
1  FD-2005-00197 

08 Dec 2005 
AI'PLII'ANT'S ISSUt AND 1Hfi BOARD'S ULCISIONAL  RATIONAL AXE UISCllSSFD ON TFE ATTACHED AIR  FORCE WlSCHARGEREVlEW BOARD DECISIONAI. RATIONALE 

Case heard at Washington,  D.C. 

Advise applicant of the decision of the Board. 

Narrlcs and  votes will  bc made available to the applicant at the applicant's  request. 

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(~s~FIM 

KBR 

550C STRFFT WE\  l ,  SlJl f F  40 
RANDOLPH  AFR, TX 78150-4742 

L- - 

AFHQ FORM 0-2077, JAN 00 

-1 

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-  A 

SELRErARY OF T l l E  AIR FORCE PERSONNEL COllNC 11. 
AIR  FORCE  DISCH4RGE  K f V I L H  BO4HD 
1535 COIlM4ND DR.  EE HING. 3RIJ FLOOR 
ANDREWS AFB, MD 20762-7002 

(EF-V2) 

Previous edition will be used 

. . J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00197 

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 available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's characterization  inequitable. 

ISSUE:  Applicant contends discharge was inequitable because  it was too harsh.  The records indicated the 
applicant  received  an  Article  15  and  a  Vacation  action  under  the  UCMJ  concerning  his  finances.  The 
applicant served 4  % years of a six year enlistment and had an outstanding record until his last year when his 
ilnancial  problems  arose.  Based  upon  the  evidence  submitted  with  his  package,  the  DRB  believed  the 
applicant's  problems stemmed from his spousc cxhausting their finances without the applicant's consent.  In 
addition, 111e  applicant has significant  post-service  conduct  to  include  a tour  of duty  in  the Army  National 
Guard  where  he  received  an  Honorable  discharge.  The  Board  concluded  that  the  characterization  of the 
discharge received by the applicant was found to be inequitable. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's  service is more accurately reflected by  an Honorable discharge under  the provisions of Title  10, 
USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF  THE A I R   FORCE 

AIR  FORCE DISCHARGE  REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr Charleston AFB, SC on 13 Mar 
00 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Jul 76.  Enlmt Age: 19 1/2.  Disch Age: 23 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-38,  G-44,  M-32. PAFSC: 1C051 -  Airfield Management 
Journeyman.  DAS: 5 Apr 99. 

b.  Prior Sv: (1) AFRes 11 Sep 95 -  03 Oct 95  (0 mos 23 days) (~nactive). 

(2) Enlisted as AB on 4 Oct 95 for 4 years.  Svd: 3 yrs 00 
mos 12 das all AMS.  A1C  -  (APR indicates):  4 Oct 95 -  3 Jun 97.  SrA -  4 Oct 
98.  EPRs: 5,5. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 16 Oct 98 for 6 years. Svd: 01 Yrs 04 Mo 28 Das, all 

AMS . 

b.  Grade Status:  A1C -  24 Sep 99 (Vacation, 12 Jan 00) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Jan 00, Vacation, Ramstein AB, GE -  Article 134. 

You did, on divers occasions between on or about 9 Oct 
99 and on or about 18 Oct 99, make and utter to 
Community Bank, certain checks, in words and figures as 
follow, to wit:  9 Oct 99, Check #593, $100.00 and 18 
Oct 99 Check #594, $399.93 for the purchase of lawful 
currency or things of value, a total of $499.93 and did 
thereafter dishonorably fail to maintain sufficient 
funds in the Wachovia Bank of South Carolina for payment 
of said checks in full upon their presentation for 
payments.  Reduction to A1C. (No appeal)  (No mitigation) 

( 2 )   24 Sep 99, Ramstein AB, GE -  Article 134.  You, being 
indebted to Nations Bank in the sum of $7,031.90, more 
or less for lawful currency, articles of value, or 
things of value, which amount became due and payable on 
or about 28 May 99, did, on divers occasions between on 
or about 28 May 99 and on or about 10 Sep 99, dishorably 
fail to pay said debt.  Suspended reduction to A1C and 
Reprimand. (No appeal) (No mitigation) 

e.  Additional: NONE. 

f.  CM:  None. 

g.  Record of SV:  04 Jun 98 -  06 Feb 99  Charleston AFB  5  (CRO) 

07 Feb 99 -  06 Feb 00  Ramstein AB  1  (Annua1)REF 

h.  Awards &  Decs:  AFLSA, AFTR,  NDSM, AFOUA W/1 OLC, AFGCM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (06) Mos  (03) Das 
TAMS: (04) Yrs  ( 0 5 )   Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 May 05. 

(Change Discharge to Honorable) 

ISSUES ATTAHCED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2 .   NGB Fm 22. 
3.  Three Letters of Recommendation 
4.  National Dean's List. 
5.  Citation fox Decoration. 
6.  Resume. 
7 .   Leagl Documents . 

1  6  MAY  2005' 

APPLICATION FOR  THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instr~~ctions on Pages 3 a n d  4 BEFORE completing this application.) 

Form Approved 
C ~ G , ~  
VO.  0704-0004 
Expires A u g  3 1,  2006 

The  public  reporting burden for  this  coll~ction of  information is estimated to average 30 minutes  per response,  includinp the time for  reviewing  insuuctions,  saarching existing data sources, 
yathering and maintaining the dsta needed. and completing and reviewing tha collection of  information.  Send comments regarding this  burden estimate or  any other  aspect of  this collection 
of  information,  including suggestions for reducing the burden, to Depanment of  Defense, Washingtun Headquaners Services,  Dirwtorale for Infon;ntion  Operations and Reports 10704-00041, 
1215 Jefferson  Davis Highway,  Suite  1204. Arlington.  VA  22202-4302.  Respondents should be aware that  notwithstanding any other ~ o v i s i o n  of law.  no person shall be Svbiect t o  am/ 
penalty for tailing to comply wrch a collection of  information 17 it docs not display a currently valid OMB control number. 
PLEASE DO NOT RETURN YOUR  FORM TO  THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE  APPROPRIATE ADDRESS ON BACK  OF THlS PAGE. 

PRIVACY ACT  STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PURPOSEISI:  To apply for  a change  i n  the characterization or reason for military discharge  issued t o  an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however, failure t o  provide identifying information may impede processing of this application.  The request for 
Social  Securitv Number is stricllv to assure orooer  identification  of the individual and aooro~riate records. 
1.  APPLICANT DATA  (The person whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
a.  BRANCH OF  SERVICE  (X one) 
b.  NAME (Last,  First,  Mlddle Initial) 
I 
2.  DATE OF DISCHARGE OR  SEPARATION  14.  DISCHARGE CHARACTERIZATION RECEIVED (X one) 1  5.  BOARD ACTION REQUESTED (X one) 

. .   . 
[  x  I  AIR  FORCE 

I c.  GRADEIRANK AT  DISCHARGE 

I d,  SOCIAL SECURITY NUMBER 

MARINE CORPS 

COAST GUARD 

--  . 

N A W  

ARMY 

E-3 

. 

. 

(YYYYMMDD)  (If date is more rhan 15 years 
ago,  submit a DD Form 149) 
200003 13 

% 

,- 

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3.  UNIT AND LOCATION AT  DISCHARGE 

OR  SEPARATION 

HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT  (Special court-rnan~al only) 
UNCHARACTERIZED 
OTHER IExplamt 

X 

-- 

CHANGE TO HONORABLE 
CHANGE TO  GENERALIUNDER 
HONORABLE CONDITIONS 
CHANQE TO UNCHARACTERIZED 
(Not amticable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

Pa  e 3.1 

437 AW 1 Charleston AFU, SC 
1 6.  ISSUES:  WHY A N  UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION  FOR THE REQUEST (Continue in Item 14.  See instructions on  I 
I .   d y  discharge was inequitable because it was based on an Isolated incident in 53 months and 9 days of service without any other 
advers actions. - My family fell into a fiancial hardship shortly after arriving in Germany.  My wife at the time did not conttibute 
any financial resources into the household.  She did exhaust our finances without my consent bringing us in debt.  I tried to stop the 
situation but she threatened to he to my Command gctting me into i~ouble. I was manipulated by my exwlfc.  (I have attached 

I 

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I 

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7.  /X if applicable)  AN APPLICATION  WAS PREVIOUSLY SUBMITTED  ON (WYYMMDD) 

NIA 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION,  OR EVIDENCE. 

I f  military documents or medfcal records are relevant to your case,  please send copies.) 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWlNG ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  lConttnue in Item 17. 
1.  Continuation of statement from section 6 of this document 
2.  Army National Guard Discharge 
3.  3 Letter of Recommcndtions from employers and my Un~versity during mind  after separting from the Air Force. 

9.  TYPE OF REVIEW REQUESTED /X  one) 

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CONWCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY  ADDITIONAL DOCUMENTATION 
SUBMITTED BY  ME.  I AND/OR  lcounsel/rrpressentative) WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR  (counsel/representativel WISH TO APPEAR AT A HEARING AT  NO EXPENSE TO THE GOVERNMENT BEFORE THE  BOARD IN THE 
WASHINGTON.  D.C.  METROPOLITAN AREA. 
I AND/OR  (counseVrepresentativelve) WISH TO APPEAR  AT A HEARING AT NO  EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does nor have a traveling panel.) 
(enter ciry and state) 

--  . . -.-- 

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10.8.  COUNSELIREPRESENTATIVE (If any)  NAME (Last,  Fkt,  Middle Initial) AND ADDRESS 

(See hem 10 of the instructions about counse//representativu.) 

NIA 

b.  TELEPHONE NUMBER  (Include Area  Code) 

N/A 

c.  E-MAIL  N/A 

d.  FAX NUMBER (Include Area Code) 

N/A 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  I f  the record i n  question is that of a deceased or incompetent person,  LEGAL PROOF OF 

TENCY MUST ACCOMPANY THE APPLICATION. 

If the application is signed by other than t h e  applicant,  indicate 

- the name (print) 

.-  and relationship  by marking a box below. 
-  -  -  - 
1  LEGAL 

- 

WIDOW 

SPOUSE 

NEXT OF  KIN 
12.8.  CURRENT MAILING ADDRESS OF APPLICANT  OR PERSON 

WlDOWER 

[ 
ABOVE 

.

,

 

.. 

(Forward notification of any change in address.) 

I 

b.  TELEPHONE N 
c.  E-MAIL 4 

.  , -  

d.  FAX NUMBER llnclude Area Code) 

N/A 

13.  CERTIFICATION. 

penalties  involved for willfully m a k k g  ;false 
a n d  1007, provide that an individual shall b e  fined under this ritle or imprisoned n o t  more than 5 years, 
or both.) 

I make the foreaolna  statements.  as oart of m v  clalm.  wlth full knowledue of the 
statement br claim.  ~u.s. code,  Title  18,  ~ e c s o n s  287 

I 

I 

CASE NUMBER 

{Do n o t  write in this space.) 

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14. CONTINUATION OF ITEM 6. ISSUES M applicable) 
supporting documentation from Child Protective Services in Michigan LO show this board what her character was like.  A year after 
I divorced her CPS found her guilty of abusing and ncglccting my  son.  I exhaustcd all my savings fighting to save my son.  I was 
awarded sole legal custody and now the doctors are saying that my son has a great chance of fully recovering from cerebral palsy.) 
I did make my own mistakes in the Air Force by bouncing a couple checks at the commissary trying to get food for my newborn 
son.  I have taken 1 1 1  responsibility for my rnistakcs.  Thc Air Force took the majority of my paychccks to pay towards the debts I 
owed.  There were several times I only got $1 80 on a paycheck.  1 had to feed my family and pay my bills with that little amount.  I 
got an article 15 fiom my Commander and was ordcrcd to financial counseling.  I sat down with the councilor and attempted to 
create a budget.  She recommended that I separate from the military so I can go back to the United States and get the resources I 
needed for my family.  1 submined a request to my Commander for a hardship discharge.  He denied my rcquest and said he was 
going to make an example out of me.  7 discharged me administratively with a general misconduct discharge. 
2.  Since leaving the Air Force, I have furthered my career and my contributions to the military by enlisting // See Attachments// 

16. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS /If applicable) 
4.  Award Letter fiom National Deans List 
5.  Air Force Achievement Medal 
6, Resumc - To show thc board my accomplishments and my contributions to the community prior, during, and after my service 
with the Air Force. 

PACKET (A1 Legal Documents) 
-  Court document - Shows I have sole legal custody of my son 
-  Last page of Child Protection Investigative Report 
-  Court document - placing my exwife on supervised visits for her abuse and ncglect 

16. REMARKS Ilf applicable) 
SUMMARY: 

I understand and accept responsibilities for my mistakes while serving in the Air Force.  I served my time honorably while in 
the Air Force up rlntil the incident involving my discharge.  Since separating from the Air Force, I have served my country again 
Honorably in the A m y ,  I have almost obtained my BA Degrcc in Criminal Justice Management, I bave been awarded honors by 
the National Deans List for academic excellence, 1 have been an outstanding c~tizen to this country and my community, etc.  I made 
a mistakc ycars ago with several mitigating circumstances involved.  I fccl that all the great things I have done since my separation 
with the Air Forcc rcctifics thc mistake I made. I need this honorable discharge to further my career in law enforcement.  I am 
hoping this board considers all the things 1 bave done during and after my service with the Air Force while making the decision 
with my request. 

I 

I 

Army  Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis, MO  631 32-5200 
(See http:/larba.arrny.pentagon.mil) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB, TX  781 50-4742 

L 
DD FORM 293, AUG 2003 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY  "7 NAVY AND MARINE CORPS 

I 

Naval Council of  Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRB) 
Washington Navy Yard.  DC  20374-5023 

U.S. Coast Guard 
Commandant (G-WPM) 
21 0 0  Second Street. S.W. Room 5500 
Washington, DC  20593 

COASTGUARD  I 

I 
Page 2 of 4  Pages 

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Continuation of DD Form 293 - Section 6 

in the Indiana Army National Guard.  I spent 18 months and 29 days in the Army. 
I separated with an Honorable discharge. 

3.  1  have maintained my finances since separating from the Air Force and I have 
been able to provide a safe, loving, and enjoyable environment for my son. 

4. Since I left the Air Force, I have been attending college pursuing a BA Degree 
in Criminal Justice Management,  I have been awarded honorary recognition by 
the National Deans List for academic excellence. 

DEPARTMENT OF THE AIR  FORCE 

86TH AIRI-IfT WING (USAFE) 

MEMORANDUM FOR 86 AWICC 

FROM:  86 AWIJA 

1.  I have reviewed the administrative discharge action against AlC ( m n i
on 15 Feb 00 by Lt Col-86 

i a t e d  
OSSICC, and it is legally sufficient to support discharge. 

t

2.  BASIS FOR THE ACTION:  Administrative discbarge action was initiated pursuant to 
AFI 36-3208, paragraph 5.50.2, based on the respondent's  pattern of misconduct.  The worst 
service characterization authorized under this paragraph is under other than honorable conditions 
(UOTHC).  A1 C -discharge 

is based upon the following: 

a.  He did, at or near Ramstein AB, GE, on divers occasions between on or about 9 Oct 99 and 

on or about 18 Oct 99, make and utter to Community Bank, certain checks, in words and figures as 
follows, to wit: 

9 Oct 99  Check #593  $100.00 
18 Oct 99  Check #594  $399.93 

For the purchase of lawful currency or things of value, of a total of $499.93 and did thereafter 
dishonorably fail to maintain sufficient funds in the Wachovia Bank of South Carolina for 
payment of said checks in full upon their presentation for payment.  For these actions, he received 
vacation of suspended nonjudicial punishment on 12 Jan 00.  Punishment vacated was reduction to 
the grade of airman first class with a new date of rank of 24 Sep 99. 

b.  He, being indebted to Nations Bank in the sum of $7,03 1.90 or more or less of lawful 

currency, articles of value, or things of value, which amount became due and payable on or about 
28 May 99, did at or near Ramstein AB, GE, on divers occasions between on or about 28 May 99 
and on or about 10 Sep 99, dishonorably fail to pay said debt.  For this action, he received 
nonjudicial punishment on 24 Sep 99.  Punishment imposed was reduction to the grade of AlC, 
suspended until 23 Jan 00, and a reprimand.  This Article 15 was filed in his Unfavorable 
Information File (UIF) on 24 Sep 99. 

3.  MATTERS SUBMITTED BY THE RESPONDENT:  After conferring with the Area Defense 
Counsel on  15 Feb 00, the member chose to waive his right to submit statements in his behalf. 

4.  MSCUSSION:  The respondent's commander has directed that the respondent be separated 
from the USAF with a general discharge under AFI 36-3208, paragraph 5.50.2. for a pattern of 
misconduct prejudicial to good order and discipline.  The respondent's acts of misconduct meet 
the definition of this paragraph. 

5.  OTHER MATTERS:  Before the respondent can be discharged, he must be found medically 
qualified for worldwide duty in accordance with AFI 36-3208, paragraph 6.3. A 1 C-ad 
medical appointment on  16 Feb 00, and processing should not be delayed to wait for the medical 
report.  You may authoriz the discharge, but it will not be executed until the medical report is 
complete. 

his 

6 .  CHARACTERTZATION OF SERVICE: 

a.  Characterization of service should be based on the quality of the member's service in the current 

enlistment.  The respondent has over four years and three months of military service.  His current 
enlistment began on 4 Oct 95 for a term of 6 years.  The respondent has received four EPRs in his 
current enlistment with promotion recommendations of 1,5,5,  and 5. 

b.  The senice of an airman discharged for drug abuse may be characterized as honorable, general, 

or UOTHC. 

c.  A general characterization is warranted when an airman's  service has been honest and faithful, 

but significant negative aspects of the airman's conduct or performance of duty outweigh positive 
aspects of the airman's military record. 

d.  In this case, the instances of misconduct in the current enlistment cited as the basis for discharge 

constitute significant negative aspects of the respondent's service.  However, the nature of the 
respondent's  actions is not such that a board of officers  would likely recommend an UOTIIC discharge. 
The respondent's commander recommends a general discharge.  I agree. 

7.  PROBATION AND REHABLITATION:  Under AFI 36-3208, Chapter 7, the member is 
entitled to have probation and rehabilitation (P&R) considered by  the discharge authority. P&R 
includes ordering a discharge and then suspending it until the member has successfully completed 
a period of P&R.  The respondent's commander does not recommend P&R because previous 
rehabilitative eEorts, creation of a UIF, nonjudicial punishment, and a vacation of suspended 
nonjudicial punishment have failed to alter the respondent's behavior.  I concur. 

8.  ACTIONS WHICH MAY BE 'TAKEN: As the discharge authority, you have the following 
options: 

a.  Direct that the respondent be retained in the USAF; 

b.  Direct that the respondent be separated from the USAF with an honorable discharge, with or 

without P&R; 

c.  Direct that the respondent be separated fiom the USAF with a general discharge, with or 

without P&R; or 

d.  Return the case file to the unit for processing as an administrative discharge board case. 

This would permit a service characterization of UOTHC. 

9.  RECOMMENDATION:  Direct that the respondent be separated from the USAF with a general 
discharge by signing Attachment 1 .  

Staff Judge Advocate 

Attachments: 
1.  Proposed Memo for 86 AW/CC 
2.  Discharge Package