INDEX  NUMBER 

INDORSEMENT 

550 C STREET WEST, SIJITE 40 
RANDOLPII AFB,  l X  781 50-4742 

AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EL WING, 3KD Y LOOK 
ANUREWS AFR, MU 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-0(,476 

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:  Upgrade of discharge is denied.  The Board finds that neither the evidence of record nor that 
provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge. 

ISSUE: 

Issue  1.  The applicant stated that his misconduct was a result of his youth, immaturity and irresponsibility. 
The records indicated the applicant received two Article  15's, one Letter of Reprimand and four Letters of 
Counseling for misconduct.  The first Article  15 was for failure to go to appointed place of duty and making 
an official statement with intent to deceive.  He was reduced in grade to airman basic, restricted to the limits 
of Little Rock AFB for 45 days and given 45 days of extra duty.  The second Article  15 was for dereliction 
in the performance of duty for failing to refrain from violating his current Phase by being out of his 
dormitory after curfew.  He was punished with a forfeiture of pay and a reprimand.  The applicants other 
administrative actions for misconduct were for failure to go, failure to obey an order and dereliction of duty. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
his negative behavior.  The Board concluded the misconduct was a signiiicant departure from conduct 
expected of all military members.  The characterization of the discharge received by the applicant was found 
to be appropriate. 

Issue 2.  The DRB was pleased to see that the applicant was doing well, has a job and is attending college. 
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 
The Board concluded the misconduct of the applicant appropriately characterized his term of service. 

Issue 3.  Applicant contends that he should not be penalized indefinitely for mistakes he made when he was 
young.  The DRB recognized the applicant was 20 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 than the vast majority of first-term members who properly adhere to the Air Force's  standards of 
conduct.  The DRB concluded 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 further 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 AB)  (HGH A M N )  

2.  BACKGROUND: 

....-.-..-.-....-..-----J 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Little Rock AFB, AR  on 
24 Dec 03 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct  -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Discharge. 

a. DOB: 10 May 83.  Enlmt Age: 19 0/12.  Disch Age: 20 7/12. Educ: HS DIPL 

AFQT: N/A.  A-83,  E-86,  G-76,  M-68. PAFSC: 1A231 - Aircraft Loadmaster 
Apprentice. DAS: 28 Feb 03. 

b.  Prior Sv:  (1) AFRes 31 May 02 -  14 Oct 02  (4 months  15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Oct 02 for 4 yrs. Svd: 01 Yrs 02 Mo 10 Das, all AMS. 
b.  Grade Status:  AB -  29 May 03  (Article 15, 29 May 03) 

Amn -  15 Apr 03 

c.  Time Lost:  None. 

d.  Art  15,s:  (1) 30 Oct 03, Little Rock AFB, AR  -  Article  92.  You, who 

knew of your duties, between on or about 4 Oct 03 and on 
or about 5 Oct 03, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from violating your current Phase by being out of the 
dormitory after your curfew of 2200 hours, as it was 
your duty to do.  Forfeiture of $200.00, and a 
reprimand.  (Appeal/Denied) (No mitigation) 

(2) 29 May 03, Little Rock AFB, AR -  Article  86.  You did, 
on or about 21 Mar 03, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Article 92.  You, havina knowledoe of a lawful order 
issued by TSgt : 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

2 

2 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

: 
,. I 
;-f-6--F... 6-ft--y 

through A1C 
the Military 
which it was your 

C . - . - . . - . - . . r . - . . . . - . ~ . . ~ . ~ . . . . ~ . ~ . . ~ .  

Training Leader's office, and order 
duty to obey, did, on or about 21 Mar 03, fail to obey 
the same by failing to report to the Military Training 
Leader's Office.  Article  107.  You did, on or about 7 
Apr  03, with intent to deceive, make to SSgti 
L.-  .... -..: 
03, you disappeared to the chapel parking lot where you 
cried most of the day, or words to that effect, which 
statement was false in that you were a short distance 

:  an official statement, to wit: that on 21 Mar 

.------------ 

- - - - - - - - - - - - I  

, - - - - - - - - - - I  

away from base, and was then known by you to be  so 
false.  Reduction to AB, restriction to the limits of 
Little Rock AFB, Arkansas for 45 days, and 45 days extra 
duty.  (No appeal)  (No mitigation) 

e ,   Additional:  (Examiner's Note: The following documents are missing  from 

file) . 
- 

LOC, 27 OCT 03 -  Dereliction of duty. 
LOR, 01 OCT 03 -  Dereliction of duty and failure to go. 
LOCI 12 SEP 03 -  Failure to go. 
LOC, 30 JUL 03 -  Failure to follow posted policy. 
LOC, 06 JUN 03 -  Failure to go and failure to obey an 

order. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (06) Mos  (25) Das 
TAMS:  (01) Yrs  (02) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Dec 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

. . .  

_ey$eUL 
C 

TW~WWPJW~S~. 

-.-..-..-..-....-., 

 During my service I received article 15's for 

w x t b  b m n  full tixllemdau M ~ n U ~ m % t y . b ~ & m m ~ j Q  

re. RtwUKs /If  Wcahh?I 
My name is;. -. . -. . -. . -. . -. .-I  and I waa an Airman in the United States Air F a .
dereliction of duty. My integrity was questioned along with my reliab9ty.  However, I feel that ~t was not my mtepty or 
reliability that was the c a w  for my dereliction.  I was a 20 year old with a lack of matunty and pemoml responslbdity. Instead of 
upholding my duties to integrity, service before self, and excellence m all I did, I found mysclf doing what I thought was best for 
m e .  I- 
TX.  I have found mqonsibility in my full time work at Chili's and The Qrotto mtammfs. After months o  going ovct my faulta 
in the Air Force, I have found the vahca in which I should bavc bFen upholding.  I have learned the mistakes in my weys, and 
challenged myself to do all that I can to ensum that they n e w  reoccur.  I've realized that, by watching my peers and learning 
through my auparvism, i can m a k i n  the p r o p  m d  codts that, not only are the back-bone of the Air Force, but the bck-bone 
of the entire world we live in.  I have found that integrity is e mandatory key to my succtss within a business,  If codes apd rules 
are not followed without supvisors p m t ,  then &&-is  no way a & can thrive.  If you do not put your senice or job 
before y m l f  and any other engagement, then the busintso m o t  thrive,  If them is no drive for excellence m every detail of a 
job, then business cannot thrive.  If I had learned these thirqg before I joinad the US Air Force, then I would have been a model 
Airman.  However, and as my father has alweys put it,  hindsight is 20120.  It docs not do to dwell on the past and forget to live in 
the fitUte.  If you cannot live m thc future and learn from past mistakes, then there is no direction for progrew to grow.  I have 
learned t h w  values through college and thmugh full-time employment and I feel that, by my ability to learn from my mistakes in 
the Air Force, I have a good chance of future sucoess.  My muam for q
 my General Discharge h r n  the United States Air 
Force to be changed to an Honorable Discharge, is so that I can furtha my life and succeed in the business world. 

d

g

I 

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DD FORM 293. AUQ 2003 

Pngo 2 of 4 hgms 

m 

DEPARTMENT OF THE AIR FORCE 

HWQUARTERS 31 4TH AIRLIFT WING (AETC) 

LllTLE ROCK AFB, ARKANSAS 

1 Q DEC 2003 

MEMORANDUM FOR  3 14 AWICC 

FROM: 314 AWIJA 
SUBJECT: Administrative Discharge - AB 1 -. . -. . -. . -. -. . -. .-. . -. . . . -. . -. . -,, 

.................................. 
: 3140SS 

1.  I have reviewed the proposed discharge action and find it legally sufficient to support a 
decision to separate respondent for a Pattern of Misconduct, Conduct Prejudicial to Good Order 
and Discipline with an Under Honorable Conditions (General) Discharge. 

2. BACKGROUND: 

a.  Respondent is a 20-year-old C-130 Loadmaster assigned to the 3 14th Operations Support 
Squadron (3 14 OSS).  His TAFMSD is 15 October 2002 and he enlisted for a term of four years. 
He was assigned to his present unit on 28 February 2003. 

b.  On 10 December 2003,3 14 OSSICC properly notified respondent of his recommendation 

to separate respondent with an Under Honorable Conditions (General) Discharge under the 
provisions of AFI 36-3208, Chapter 5, paragraph 5.50.2 for a Pattern of Misconduct, Conduct 
Prejudicial to Good Order and Discipline.  Because respondent is not entitled to a board hearing, 
this case has been properly processed in accordance with the notification procedures of AFI 36- 
3208, Chapter 6, Section B. 

3.  BASIS FOR DISCHARGE: 

a.  On or about 21 March 2003, respondent failed to , - - go - - - at - - - the 

- -  time prescribed to his appointed 
place of duty.  Also on or about 2 1 March 2003, TSgt : 
:issued an order to report to the 
Military Training Leader's office, which he failed to dbii?'~ii'or about 7 April 2003, with the 
intent to deceive, respondent made a false official statement regarding his whereabouts to SSgt 
- - - - - - - - - , '  For his actions, he received nonjudicial punishment under Article 15 of the UCMJ on 
1 -..-.-.. P 
29 May 2003 (Atch  1-1). 

b.  On or about 5-J;e-2P03, 
place of duty.  SSgt  - - - - - - - - 
Respondent also disobeyed an order restricting him to Little Rock Air Force Base.  For his 
actions, he received a letter of counseling (LOC), dated 6 June 2003 (Atch 1-2). 

respondent failed to go at the time prescribed to his appointed 

!left a note on his door identifying the appointment time and location. 

c.  On or about 30 July 2003, respondent failed to follow the posted policy letter to annotate 

his assigned duty in the LIQLMQ duty roster log book before 0630 hours on the day of training. 
For his actions, he received an LOC, dated 30 July 2003 (Atch 1-3). 

d.  On or about 15 August 2003 and on or about 11 September 2003, respondent failed to go at 

the time prescribed to his appointed place of duty.  For his actions, he received an LOC, dated 
12 September 2003 (Atch 1-4). 

e.  On or about 22 September 2003, respondent failed tocomplete his required three physical 
conditioning (PC) sessions per week for two weeks.  On or about 24 September 2003, respondent 
failed to annotate his assigned duty in the LIQLLQM duty roster logbook.  On or about 1 October 
2003, respondent failed to go at the time prescribed to his appointed place of duty.  For his 
actions, he received a letter of reprimand (LOR), dated 1 October 2003 (Atch 1-5). 

f.  Between on or about 8 September 2003 and on or about 14 September 2003, respondent 
had no documented completed PC sessions for that week.  Between on or about 15 September 
2003 to on or about 21 September 2003, respondent had only two documented completed PC 
sessions for that week.  Between on or about 20 October 2003 and on or about 26 October 2003, 
respondent failed to complete his required three PC sessions.  For his actions, he received a LOC, 
date 27 October 2003 (Atch 1-6). 

g.  On or about 5 October 2003, respondent violated his current phase rules by being out of the 

dormitory after his curfew of 2200 hours.  For his actions, he received nonjudicial punishment 
under Article 15 of the UCMJ on 30 October 2003 (Atch 1-7). 

4.  EVIDENCE FOR THE RESPONDENT: Respondent was properly notified of his rights 
to counsel and to submit statements on his behalf for your consideration.  On 10 December 
2003, respondent waived his rights to consult with military legal counsel and to submit written 
matters for your consideration. 

5.  DISCUSSION: 

a.  A legal basis for discharge exists and resaondent should be discharged under that 

provision.  In accordance with Air Force Instruction 36-3208, paragraph 5.50.2, a pattern of 
misconduct in the current enlistment consisting wholly or in part of misconduct more serious 
than minor disciplinary infractions makes an aiman subject to discharge.  This paragraph further 
states that this provision is a basis for discharge for misconduct that "tends to disrupt order, 
discipline, or morale within the military community,"  This paragraph also may-but 
have t-include 
community.  Respondent has received two Article 1 5 e o n e  for failing to go to his appointed 
place of duty, failure to obey a lawful order, and making a false official statement and one for 
failure to obey phase rules.  Respondent also received an LOR for failing to complete his 
required three PC session a week and four LOCs for various types of misconduct, 

conduct that brings discredit on the Air Force in the view of the civilian 

does not 

b.  The respondent should be given an Under Honorable Conditions (General) Discharge. 
Based on respondent's overall performance, 3 14 OSSICC recommends an Under Honorable 
Conditions (General) Discharge.  In accordance with AFI 36-3208, paragraph 1.18.2, a General 
Discharge is appropriate when significant negative aspects of the ainnan's conduct or 
performance of duty outweigh positive aspects of the airman's military record.  Respondent's 

d.  Return this case to the unit for re-initiation, with the recommendation that the respondent 

receive an Under Other Than Honorable Conditions Discharge. 

I concur. 

numerous instances of misconduct in this case clearly outweigh the positive aspects of his 
service, Accordingly, respondent should be separated with a General Discharge. 

c.  Probation and Rehabilitation is not a~~ropriate 

in this case.  Respondent's continued 

disregard for military standards, despite the unit's  efforts, demonstrates his poor rehabilitative 
potential.  I do not recommend probation and rehabilitation in conjunction with this discharge. 

6 .  ERRORS AND IRREGULARITIES:  I note no errors or irregularities prejudicial to 
respondent's substantive or procedural rights. 

7.  OPTIONS: As separation authority in this case, you may: 

a.  Direct retention, if you determine the evidence does not warrant discharge; or, 

b.  Forward this case to 19 AFICC with the recommendation that the respondent receive an 

Honorable Discharge, with or without P&R; or, 

c.  Direct respondent's separation with an Under Honorable Conditions (General) Discharge, 

with or without P&R; or, 

8.  -MENDATION: 
Conditions (General) Discharge, without probation and rehabilitation.  If you have any questions, 
please contact me at 7-6909. 

Direct respondent's separation with an Under Honorable 

Deputy Staff Judge Advocate 

........................................ 
Staff Judge Advocate 

.----------------------------------------------J 

DEPARTMENT OF THE AIR FORCE 

314 OPERATIONS SUPPORT SQUADRON 

LlITLE ROCK AFB, ARKANSAS 

MEMORANDUM FOR  AIRMAN BASIC 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

...................................... 

FROM:  3 14 OSSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your 
discharge will be described as an Under Honorable Conditions (General) Discharge and you will be 
ineligible for reenlistment in the United States Air Force. 

2.  My reasons for this action are: 

a.  On or about 21 March 2003, you failed to go at the time prescribed to your appointed place 
of duty.  Also on or about 21 March 2003, TSgt' :........., lissued an order to report to the Military 
Training Leader's office, which you failed to obey.  On or about 7 April 2003, wjthi?~e?t to 
deceive, you made a false official statement regarding your whereabouts to SSg( - - - - - - - - . : For your 
actions, you received nonjudicial punishment under Article 15 of the UCMJ on 29 May 2003 (Atch 
1-1). 

b.  On or-ahnutj June 2003, you failed to go at the time prescribed to your appointed place of 
duty.  Ssgt! --------- $eft a note on your door identifying the appointment time and location.  You 
also disobeyed an order restricting you to Little Rock Air Force Base.  You stated that you were 
confused about the start date of the punishment.  For your actions, you received a letter of 
counseling (LOC), dated 6 June 2003 (Atch 1-2). 

c.  On or about 30 July 2003, you failed to follow the posted policy letter by annotating your 

assigned duty in the LIQILMQ duty roster log book before 0630 hours on the day of training.  For 
your actions, you received an LOC, dated 30 July 2003 (Atch 1-3). 

d.  On or about 15 August 2003 and on or about 1 1 September 2003, you failed to go at the time 

prescribed to your appointed place of duty.  For your actions, you received an LOC, dated 12 
September 2003 (Atch 1-4). 

e.  On or about 22 September 2003, you failed to complete your required three physical 

conditioning (PC) sessions per week for two weeks.  On or about 24 September 2003, you failed to 
annotate your assigned duty in the LIQILQM duty roster log book.  On or about 1 October 2003, 
you failed to go at the time prescribed to your appointed place of duty.  For your actions, you 
received a letter of reprimand (LOR), dated 1 October 2003 (Atch 1-5). 

f.  Between on or about 8 September 2003 to on or about 14 September 2003, you had no 

documented completed PC sessions for that week.  Between on or about 15 September 2003 to on 
or about 21 September 2003, you had two documented completed PC sessions for that week. 
Between on or about 20 October 2003 to on or about 26 October 2003, you failed to complete your 
required three PC sessions.  For your actions, you received a LOC, date 27 October 2003 
(Atch 1-6). 

g.  On or about 5 October 2003, you failed to refrain from violating your current phase by being 

out of the dormitory after your curfew of 2200 hours,  For your actions, you received nonjudicial 
punishment under Article 15 of the UMCJ on 30 October 2003 (Atch 1-7). 

3.  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 United States Air Force. 
4.  You have the right to consult counsel.  Military legal ------------------------ 
have made an appointment for you to consult Captain! 
Blvd, on 12 December 2003 at 0930 hours.  You m a ~ ' c ' i n s ' u X Y i ~ ~ L i i ~ ~ e 1  
expense. 

counsel has been obtained to assist you.  I 
bt  1255 Vandenberg 

at your own 

5.  You have the right to submit statements in you own behal 
separation authority to consider must reach me by  /S bt 
receive an extension for good cause shown.  I will send them td the separation authority. 

ny statements you want the 
unless you request and 

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 are scheduled for the following appointments.  You must first report to the Military 
Personnel Flight, Separations Section, located at 1255 Vandenbcrg Blvd, Room 100 on a 
December 2003 at  JOOD 
Arnold Dr at 1000 hours on 11 December 2003 for your examination.  You must fast 14 hours 
prior to the examination and may drink only water during that time.  You must not smoke  14 hours 
prior, nor may you consume alcohol 72 hours prior to your examination.  If you wear glasses, bring 
them with you,  If you wear contact lenses, bring a container to store them in during your eye 
examination. 

hours.  You must then report to the Medical Clinic, located at 1090 

8.  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 at the orderly room. 

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

O;Y- ..-....-..-..-.---------- 

Commander 

Attachments: 
1-1.  Article 15,29 May 03 
1-2.  LOC, 6 Jun 03 
1-3.  LOC, 30 J ~ l 0 3  
1-4.  LOC, 12 Sep 03 
1-5.  LOR, 1 Oct 03 
1-6. LOC, 27 Oct 03 
1-7.  Article 15,30 Oct 03 

Appeal, 5 Nov 03 

2.  Receipt of Notification Memorandum w/Recoupment Statement