AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE  INI'TIAL) 

GRADE 

A1C 

APSNISSAN 
---------------- 

TYPE  GEN 

X 

PERSONAI, APPEARANCE 

'OUNSEL 

NAME O F  C'OIINSEL ANU OR ORGANIZATION 

RECORD REVIEW 

AUUKESS AND OK ORGANI%IWION OF COIJNSEL 

MEMBER SITTING 

-- 

l ION 

VOTE O F  THE BOARD 

CjEN 

IJOTHC 

OTHER 

DENY 

X*+ 

X*+ 

X*+ 

X* 4. 

X*+ 

I 
2 
3 
4 

EXHIBITS SUBMITTED T O  THE BOARD 

ORI)EI< APPOIN'I'ING 'I'HE  BOARD 
APPLICATION  FOR  RHVIKW O F  DISCHARGE 
LETTER OF NOTIFICA7'ION 
BRIEF OF PERSONNFI, FII,I'! 
COUNSEL'S REI,I!ASR  'I'(:) 
ADDITIONAL EXHIBITS SUL3MI'I"I'EI) A'I"I'1MK  OF 
I'ERSONAL  APPEARANCE 

'I'IIK  HOARL) 

TAPE RECORDING  OF PERSONAL APPEARANCE  HE 

YES 

Nu 

X 

- 

4 

J 

4 

L . . - . . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - r n  

ISSIJES 

A95.00 
A92.21 
A01.00 

INI)EX NllMHliR 

A67.10 

IIEARINC: DATE 

CASE NllMHER 

14 Jun 2007 
APPLICANT'S  ISSIJE AND THE ROARD'S 

FD-2006-00462 

DF.CISIONAI, RATIONAL ARE I)ISCUSSk;O ON I'HE AKTACHED AIR FORCE DISCHARGE 

REVIEW BOARD DECISIONAI.  RATIONALE 

Case heard in Washington, D.C. via video teleconference with Andrews AFB Maryland and Robins APB Georgia. 

Advise applicant of the decision of thc Board and the right to submit an application to the AFBCMR. 

Names and votes will  be made available to tho applicant at thc applicant's rcquost. 

*  Reason and Authority 
+  Reenlistment Code 

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

, I  

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  DATE:  6/25/2007 

TO: 

SAFIMRBR 
550 (' STRF.F.T WEST, SUITE 40 
RANDOl.Pli  AFB, TX 78 150-4742 

FROM: 

SEC'KETAKY OF THE AIM  FOKC'E YCKS(INNIS1. (:OIINCII. 
AIR FOKC'E UISC'HAKGE REVIEW HOAKI) 
1535 COMMAND DR. EE WING, 3KD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc uscd 

." 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00462 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority for the discharge, and to change the reenlistment code. 

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video 
teleconference between Andrews AFB Maryland and Robins AFB, Georgia on June 14,2007.  The 
following witness also testified  on the applicant's behalf  Mrs C.V. (wife). 

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 discharge, and change of 
reenlistment code are 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 submitted no issues of impropriety or inequity and realized his actions while in the 
military were unacceptable.  He admitted that he was young and immature.  He has expressed a desire for 
upgrade of his discharge to qualify for reenlistment  into the armed forces.  The records indicated the 
applicant received an Article  15, eight Letters of Reprimand, a Letter of Admonishment, six Records of 
Individual Counseling and three Memorandums for Record for misconduct.  He received an Article 15 for 
failure to shave and driving in excessive speeds.  He was punished with a reduction in grade to Airman First 
Class, suspended forfeiture of pay for two months, and 30 days of extra duty.  The applicant had additional 
misconduct and was administratively disciplined for being late for work on repeated occasions, failure to 
shave, financial irresponsibility, numerous uniform discrepancies, poor personal hygiene, failed room 
inspections, missing a mandatory fbrmation, failure to obey a lawful order, lack of motivation and CDC 
pretest failure, adultery and lying, and off-duty misconduct for having sexual intercourse with a minor.  The 
DRB opined that through these administrative actions, the applicant had ample opportunities to change his 
negative behavior.  The Board concluded the applicant's  misconduct was a significant 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 and has a good job.  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. 

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 furthcr 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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Hurlburt Field, FL on 4 
Mar 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals  for Honorable Discharge, to Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a.  DOB: 22 Aug  81.  Enlmt Age: 19 6/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-31,  E-40,  G-32,  M-40, PAFSC: 3E251 -  Pavement and Construction 
Equipment Journeyman. DAS: 14 Dec 01. 

b.  Prior Sv:  (1) AFRes  13 Mar  01 -  02 Apr 01  (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Apr 01 for 4 yrs. Svd: 03 Yrs 11 Mo 02 Das, all AMS. 

b.  Grade Status:  A1C -  02 Feb 05  (Article 15, 02 Feb 05) 

SrA -  04 Apr 04 
A1C -  03 Aug 02 
Amn -  03 Oct 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 02 Feb 05, Hurlburt Field, FL -  Article 92.  You, did, 

on or about 13 Jan 05, fail to obey a lawful general 
regulation, to wit: paragraph 1.4, AFI 36-2903, dated 29 
Sep 02, by wrongfully having facial hair, other than a 
mustache, while in uniform.  You, who knew or should 
have known of your duties, on or about 10 Jan 05, were 
derelict in the performance of your duties in that you 
willfully failed to refrain from driving at excessive 
speeds, as it was your duty to do.  Reduction to AlC. 
Suspended forfeiture of $820.00 pay per month  for 2 
months.  Thirty days extra duty.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 07 JAN 05 -  Late for work and lying. 

LOR, 13 DEC 04 -  Failed dorm room inspection. 
LOR, 16 JUL 04 -  Financial irresponsibility and lying. 
LOR, 16 JUL 04 -  Numerous discrepancies with uniform, poor 

personal hygiene, and long hair. 

LOR, 15 JUL 04 -  Failed room inspection. 
LOA, 29 JUN 04 -  Lost military ID card. 
RIC, 24 JUN 04 -  Financial irresponsibility, poor dress and 

appearance, and carrying a cell phone in 

RIC, 
LOR, 
LOR, 
RIC, 
LOR, 
RIC, 

RIC, 
RIC, 
MFR, 

MFR, 

MFR, 

uniform in violation of policy. 

03 FEB 04 -  Financial irresponsibility. 
26 DEC 02 -  Adultery and lying. 
07 NOV 02 -  Failed room inspection. 
25 OCT 02 -  CDC Pretest failure. 
22 OCT 02 -  Failure to go. 
02 OCT 02 -  Lack of motivation and CDC Pretest 

failure. 

24 AUG 02 -  Failure to obey a lawful order. 
19 APR 02 - Missing a mandatory  formation. 
04 Feb 05 -  Late for work, unshaven, and disrespect 

10 AUG 04 -  Late for work, smelling of alcohol, and 

28 MAY 04 -  Off-duty conduct and violation of weapons 

for authority. 

messy dorm room. 

policy. 

CM:  None 

g .   Record of SV: 04 Apr  01 -  04 Dec 02  Hurlburt Field  3  (Initial) 
05 Dec 02 -  04 Dec 03  Hurlburt Field  4  (Annual) 

h.  Awards  &  Decs:  AFAM, AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (11) Mos  (22) Das 
TAMS:  (03) Yrs  (11) Mos  (02) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Dec 06. 

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

Discharge) 

Issue 1:  I would like the Air Force Review Board to change my code, because 

I'm wanting to return to the Air  Force either as active duty as prior or as a 
reservist. 

ATCH 
None. 

DEPARTMFAT OF THE AIR FORCE 
823D RED HORSE SQUADRON (ACC) 

HURLBURT FIELD FLORIDA 

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

MEMORANDUM FOR AlC: .....-.-.-....-.-..---------------------- 
FROM:  823 RHS/CC 

: 

SUBJECT: Notification Memorandum 

1.  I am recommmdhg your discharge from the United States Air Form for misconduct, more 
specifically, minor disciplinary i&actions.  The authority for this action is AFPD 36-32 and AFI 
36-3208, under the provisions of chapter 5, section Y paragraph 5.49.  Copies of the documents to 
be forwarded to the separation authority to support this recommendation are attached. 

2,  My reasons for this action d e r  paragraph 5.49 are: 

a  You did, at or near Fort Walton Beach, Florida, on or about 28 May 04, amtribute to the 

delinquency of a minor, by providing alcohol to a 16 yek old female, for which you pled %o 
contest" and received a 12 month probation period from the Okaloosa County Court. 

b.  &tween on or about 10 Jan 04 and  13 Jan 04, you were derelict in the performance of your 
duties in that failed to refrain from driving at excessive speeds and you wrongfully had facial hair 
other than a mustache, while in &om, 
UCMJ, dated 2 Feb 05, which was filed in your Unfavorable Information File (UIF). 

for which you were punished under Article 15, 

c.  On 7 Jan 05, you failed to report to work cm time, for which you received a Letter of 
Reprimand (LOR),  dated 7 Jan 05, which was filed in your Personal Information File (PIF), 

d.  On 15 Jul04, the wit was contaded by a m11ection agency and informed  that you had 

bounced two checks and failed to honor your financial obligations, for which you received a Letter 
of Reprimand (LOR), dated 16 Jul04, which was filed in your UIF. 

e.  On 13 Jul04, you failed to comply with AFI 36-2903 with numerous discrepancies in the 

wear of your uniform and for poor hygiene, for which you received a LOR,  dated 16 Jul04, which 
was filed in your UIF. 

f  On 14 JulO4, you failed a dorm rmm inspection, for which you received a LOR, dated 15 Jul 

04, which was filed in your UIF. 

g.  On 25 Jun 04, you lost your military identification car4 for which you received a Letter of 

Admonishment (LOA), dated 29 Jun 04, which was filed in your PIF. 

h.  On 23 Jun 04, you failed to keep up with your financial obligations and this offjce received 
calls from two creditors, for which you received a LOR, dated 24 Jun 04, which was filed in your 
PIF, 

i.  On 8 Dec 04, you failed your dorm room inspection, for which you received a LOR dated, 13 

Dec 04, which was filed in you PIF. 

j.  On 3 Feb 04, you were late in keeping up with your financial obligations, for which you 

received a Record of Individual Counseling (RIC), dated 3 Feb 04, which was filed in your 
Personnel Information File (PIF) 

k.  Between on or about Oct 02 through Nov 02, you had an adulterous relationship with a 

married woman, which you  lied about to the unit First Sergeant, for which you received a Letter of 
Reprimand (LOR), dated 26 Dec 02, which was filed in your PIF. 

1.  On 6 Nov 02, you failed a scheduled room inspection, for which you received a LOR, dated 7 

Nov 04, which was filed in your PIF. 

m.  You failed a pretest for the A set of your CDC for a third time, for which you received a 

RIC, dated 25 Oct 02, which was filed in your PIF. 

n.  On 16 Oct 02, you failed to show up for a mandatory formation, for which you received a 

LOR, dated 22 Oct 02, which was filed in your PIF. 

o.  You failed a pretest for the A set of your CDC, for which you received a RIC, dated 10 Oct 

02, which was filed in your PIF. 

p.  On 27  and 28 Aug 02, you failed to get a new hat from Supply as you were directed to do so 

by a SNCO and a NCO, for which you received a RIC, dated 29 Aug 02, which was filed in your 
PIF. 

q.  On 19 Apr 02, you failed to report to commander directed squadron physical training, for 

which you received a RTC,  dated 19 Apr 02, which was filed in your PIF. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Courts-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. I 
have made an appointment for you to consult the Area Defense Counsel at Hurlburt Field, FL, Bldg 
90042, on 2s & h fi at 
hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays of your receipt of this 
memorandum, unless you request and receive an extension for good cause shown.  I will send them 
to the separation authority. 

6.  You have been scheduled for a medical examination. You must report to Hurlburt  Field, 113 
Lielmanis Ave Bldg 9 1020 on 

s, at  0450  hours for the examination. 

7.  You are scheduled for a medical examination and you should report to the Hurlburt Clinic at 
6 95Q  ins on  -I& OS_ for the examination 

8.  Any personal information you fumish in rebuttal is covered by the Privacy Act  of 1974.  A copy 
of AFI 36-3208 is available for your use at the unit orderly room. 

,.......... A .................................. 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - . - . - - - - - - - - - - - - ,  

SQUADRON SECTION COMMANDER 

Attachnmts: 
1.  AF From 3070, dtd 2 Feb 05 (3pp.) 
2.  LOR,  dtd 7 Jan 05 (lp.) 
3.  LOR,  dtd 13 Dec 04 (lp.) 
4.  LOR, dtd 16 Jul04 (lp.) 
5.  LOR, dtd 16 Jd 04 (lp.) 
6.  LOR, dtd 15 Jd04 (1 p.) 
7.  L O q  dtd 29 J m  04, (lp.) 
8.  RIC, dtd 24 JUD 04 (lp.) 
9.  Report of Investigation, dtd 6 Jul04 (33pp.) includes following: 

a  RIC, dtd 3 Feb 04 (2pp.) 
b.  LOR,  dtd 26 Dee 04 (3pp.) 
c.  LO&  dtd 7 Nov 02 (lp.) 
d.  RIC, dtd 25 Qc t 02 (lp.) 
e.  LOR, dtd 22 Oct 02 (2pp.) 
f.  RIC, dtd 10 Oct 02 
g RIC, dtd 29 Aug 02 
h  RIC, dtd 19 Apr 02 

a MFR,  dtd 4 Feb 05 (lp.) 
b. MFFt, dtd 4 Feb 05 (lp.) 
c.  MFR, dtd 10 Aug 04 (1 p,) 
c.  MFR,  dtd 28 May W l p . )  

10.  Record of Conviction, dtd 7 Sep 04 (lp.) 
1 1.  Receipt of N o ~ ~ o n  
12.  Derog Data not included in notifidon package: 

Memorandum 

DEPARTMENT OF THE AIR FORCE 

16TH SPECIAL OPERATIONS WING (AFSOC) 

HURLBURT FIELD FLORIDA 

MEMORANDUM FOR 16 SOW/CC 

FROM: 16 SOW/JA 

Ir) 4 a& 

SUBJECT: ,-&,g!-Rey?~v, Administrative Discharge, ~ l b  

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

:. 8231) RHS 

v

1.  m t
 for Action:  We have reviewed the attached administrative discharge package in 
accordance with AFPD 36-32 ~ad~m-36:32QS-pd find that it is legally sufficient to support a 
; is subject to discharge for misconduct, more 
finding that the respondent, A1 (?. - - - - - - - - - - - - - - - - -. 
specifically, minor disciplinary idmctions, under AFI 36-3208, chapter 5, section H, paragraph 
5.49. 

2.  Bacbround: The respondent was notified of the discharge action on 25 Feb 05.  He 
acknowledged receipt of the Notification Memorandum and his right to consult counsel. 

3.  &b  for A c t i o ~  During the current enlistment: 

a,  The respondent did, at or near Fort Walton Beach, Florida, on or about 28 May 04, contribute 

to the delinquency of a minor, by providing alcohol to a 16 yeas old female, for which he pled "no 
contest" and received a 12 month probation period from the Okaloosa County Court. 

b.  Between on or about 10 Jan 04 and 13 Jan 04, the respondent was derelict in the performance 
of his duties in that failed to refrain from driving at excessive speeds and wrongfully had facial hair 
other than a mustache, while in uniform, for which he was punished under Article 15, UCMJ, dated 
2 Feb 05, which was filed in his Unfavorable laformation File (UIF). 

c.  On 7 Jan 05, the respondent failed to report to work on time, for which he received a Letter 

of Reprimand (LOR), dated 7 Jan 05, which was fded in his Personal Information File (PIF). 

d.  On 15 Jul04, the unit was contacted by a collection agency and informed that the respondent 

had bounced two checks and failed to honor his financial obligations, for which he received an 
LOR, dated 16 Jul04, which was fded in his UIF. 

e.  On 13 Jul04, the respondent failed to comply with AFI 36-2903 with numerous 

discrepancies in the wear of his uniform and for poor hygiene, for which he received an LOR, 
dated 16 Jul04, which was filed in his UIF. 

f.  On 14 Jul04, the respondent failed a dorm room inspection, for which he received an LOR, 

dated 15 Jul04, which was filed in his UIF. 

g.  On 25 Jun 04, the respondent lost his military identification card, for which he received a 

Letter of Admonishment (LOA), dated 29 Jun 04, which was fded in his PIF. 

h.  On 23 Jun 04, the respondent failed to keep up with his financial obligations and this 

office received calls from two creditors, for which he received an LOR, dated 24 Jun 04, which 
was filed in his PIF. 

i.  On 8 Dec 04, the respondent failed his dorm room inspection, for which he received an 

LOR dated, 13 Dec 04, which was filed in his PIF. 

j.  On 3 Feb 04, the respondent was late in keeping up with his financial obligations, for 

which he received a Record of Individual Counseling (RIC), dated 3 Feb 04, which was filed in 
his Personnel Information File (PIF) 

k.  Between on or about Oct 02 throu&  Nov 02, the respondent had an adulterous relationship 

with a married woman, which he lied about to the unit First Sergeant, for which he received an 
LOR, dated 26 Dec 02, which was filed in his PIF. 

1.  On 6 Nov 02, the respondent failed a scheduled room inspection, for which he received an 

LOR, dated 7 Nov 04, which was filed in his PIF. 

m. The respondent failed a pretest for the A set of your CDC for a third time, for which he 

received a RIC, dated 25 Oct 02, which was filed in his PIF. 

n. On 16 Oct 02, the respondent failed to show up for a mandatory formation, for which he 

received an LOR, dated 22 Oct 02, which was filed in his PIF. 

o.  The respondent failed a pretest for the A set of your CDC, for which he received a RIC, 

dated 10 Oct 02, which was filed in his PIF. 

p.  On 27 and 28 Aug 02, the respondent failed to get a new hat fiom Supply as he was 

directed to do so by a SNCO and a NCO, for which he received a RIC, dated 29 Aug 02, which 
was filed in his PIF. 

q.  On 19 Apr 02, the respondent failed to report to commander directed squadron physical 

training, for which he received a RIC, dated 19 Apr 02, which was filed in his PIF. 

4.  &smr&nt9s  mrv  Record;  The respondent has been on continuous active duty since 
3 Apr 01.  He has received the following ratings on his Enlisted Performance Reports (EPR) - 
2002 - 3,2003 - 4.  The respondent is entitled to wear the National Defense Service Medal and 
the Air Force Training Ribbon. 

5.  Reswndent's Resmnse:  Al Ci - - - - - - - I  kpoke to the defense paralegal and chose not to consult 
counsel or submit any further statements on his behalf.  He asks only that you consider any 
statement he submitted in response to a previous nonjudicial action. 

------- 

Any  nme . . . Any Place 

a Basis for Dischar~e: There is a preponderance of the evidence to establish a basis for 

discharge under chapter 5, section H, paragraph 5.49 of AFI 36-3208.  Under that paragraph, a 
pattan of minor disciplinary infractions, including failure to comply with nonpunitive 
regulations or minor offmses under the UCMJ, makes an ainnan subject to discharge. 
Infractions of this type result in informal (reduced to .------- 
LORs), or Article 1 5 nonjudicial punishments.  A 1 C: C ,------- 
this category of a pattern of minor disciplinary infractions and establishes a legal basis for 
discharge.  - 

writing) -  or formal counselings (LOCs, 

misconduct falls into 

3ocumented 
, 

b.  Should Remondent be Discharaed?;  In  accordance with AFI 36-3208, chapter 6, 

paragraph 6.1, when a discharge is not mandatory, the member's potential for fbture useful 
.-.-..- the factors listed in paragraph 6.1.1 before 
service must be considered.  You should consider 
making a final decision to discharge A1 Ci ------- j  These factors include how the respondent's 
retention might affect military discipline, good order, and morale; whether the circumstances that 
are the basis of the discharge action will continue , - - - or - - - recur; 
advancement and leadership.  In this case, A1 C ; - - - - - ---continued misconduct and disregard for 
military standards and policies reveals a lack of personal discipline that is not conducive to 
military life.  His misconduct is detrimental to the maintenance of good order and discipline in 
his squadron and the United States Air ------. 
considered in paragraph 6.1.1, A 1 C i 

Force.  Therefore, even in light of the factors to be 

and the respondent's potential for 

i should be discharged. 

- - - 

L - - - - - .  

c.  Characterization ofDischcrrae: The Det 1,835D RHSICC has recommended a general 

discharge.  AFT  36-3208, chapter 1, Table 1 -3, provides that for a misconduct case, the 
authorized discharges are:  (1) an honorable discharge; (2) a general discharge; or (3) a discharge 
under other than honorable conditions (UOTHC).  In order to impose a UOTHC discharge, a 
member must be given the right to an administrative discharge board.  For a case processed using 
notification procedures, as this one is, only an honorable or a general discharge is authorized.  If 
you believe a UOTHC discharge is appropriate, you have the option of convening an 
administrative discharge board.  However, we do not recommend doing so.  Eve4 if you were to 
conclude that Al C! - - - - - - - I  !should be discharged because his conduct has been unacceptable, it was 
not so extreme as to warrant an UOTHC discharge.  An honorable discharge is not warranted 
either.  An honorable discharge should be reserved for those whose service is "so meritorious 
that any other characterization would be inappropriate," pursuant to AFI 36-3208, section B, 
paragraph 1.18.1.  A g e n d  discharge should be imposed when "significant negative aspects of 
the airman's  conduct or performance of duty outweigh the positive aspects of the airman's 
military record,"  pursuant to AFI 36-3208, chapter 1, section B, paragraph- !,j-8:2.  We believe a 
!misconduct and 
general discharge would be the most appropriate characterization of A1 Ci 
overall military service. 

. - - - - - - - -' 

d.  Probation and Rehabilitation; The initiating commander does not recommend P&R in this 

case.  AFI 36-3208, chapter 7, section A, paragraph 7.3, directs that P&R should be offered to 
airmen who have demonstrated a potential to serve satisfactorily, who have the capacity to be 
rehabilitated for continued military service, and whose retention on active duty in a probationary 
status is consistent with the maintenance of good order and discipline in the Air Force. 

, - - - - - - , 

Throughout his time with the Air Force, A1 C i ------- !has not shown the ability to serve 
satisfqqto~ly, as evidenced by his Article 15 and civilian court case.  Over the past two years, 
-------  yet he has failed to 
AlC i 
take &&itage  of those opportunities.  Based on the nature of AlC i --------- i misconduct and his 
attitude towards previous opportunities for rehabilitation, P&R is neither warranted nor 
practicable. 

bas been given numerous opportunities to correct his behavior, 

7. Errors or Irreeula- 

None. 

8. 

As the Special Court-Martial Convening Authority, you may: 

a.  Direct the respondent's retention in the United States Air Force; 

b.  Direct that the respondent be discharged from the Air Force with a general discharge 

without probation and rehabilitation under AFI 36-3208, chapter 5, section H, paragraph 5.49; 

c.  Direct that the respondent be discharged from the Air Force with a general discharge, 

suspending the discharge and ordering a program of probation and rehabilitation in accordance 
with AFI 36-3208, chapter 7; 

d.  Forward a recommendation for separation under paragraph 5.49 with an honorable 
discharge to the General Court-Martial Convening Authority, AFSOCJCC (AFI 36-3208, 
paragraph 5.56.2.1); or 

e.  Direct reinitiating the package to convene an administrative discharge board if you believe 

that a UOTHC discharge is warranted. 

9.  B e c o w d a t i o q t  We recornmend that you sign the attached letter at Tab A directing that 
the respondent be discharged h m  the United States Air Force with a general discharge without 
probation and rehabilitation.