AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

      

 

 

 

   
 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
eee EE =| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
xX
x
x |
ISSUES 492.21 INDEX NUMBER A67.10 ae
A93.01 1 |ORDER APPOINTING THE BOARD
A94.05 2 |APPLICATION FOR REVIEW OF DISCHARGE |
3 {LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING |
|
HEARING DATE CASE NUMBER
!
07 Feb 2011 FD-2009-00491

     

‘APPI "S15:

  

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant’s request.

 

 

 

    
 

ss ee .
70: [ , SECRETARY OF THE \!k FORCE PERSONNEL COUNCIL
\ . RS NERS a
F/MRBR AIR FORCE DISCHAK(.t REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR. Et \WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 29-2 7001

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00491

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
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.
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 applicants reason and authority for discharge inequitable

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received two Articles 15 for misconduct which included adultery and failure to obey a no contact
order. The DRB opined that through these administrative actions, the applicant had ample opportunities to
change his negative behavior. The Board concluded that the negative aspects of the applicants service
outweighed the positive contributions he made in his Air Force career. The characterization of the discharge
received by the applicant was found to be appropriate.

Issue 2. Applicant contends that he should not be penalized indefinitely for a mistake he made when young.
The DRB recognized the applicant was 25 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 Forces standards of conduct.
The DRB concluded that the characterization of the applicants discharge was appropriate due to the
misconduct.

Issue 3. 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.

CONCLUSION: 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 the applicant was provided full administrati. © due process.

In view of the foregoing findings, the Board further concludes that thicre exists no legal or equitable basis for
upgrade of discharge and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
OMB No. 0704-0004
OMB pei expires

  
 
   

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES

Sidetoes read instructions on Pages 3 and 4 BEFORE completing this application.)

i or thi lect o stimated t inules per response, including the f g instructions, sea isting Gata Sources, gate
snek tania be dies naadas, ‘and completing and reviewing Ene cofection of ionnaion. Send comrnants regrting the burden estireae or ony other senect of tus collects of miormsticn: much
TT tet je ee et ee Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shall tn. er7y penalty for faking to comply with a collection of information if It does not display a valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE OR TION, RN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

   

AUTHORITY: 10.U.S.C. 1553; E.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social

| Security Number is strictly to assure proper identification of the individual and appropriate records.
1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

[APPLICANT DATA [The person whose discharge if be reviewed). PLEASE PRINT OR TYPE INFORMATION
[a BRANCH OF SERVICE Xore) | [ARMY | [WARNECORPS | [wavy [AIRFORCE | | 6OASTG@UARD |

[ b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DIS

   
        

 
  
 
 

2. DATE OF DISCHARGE OR SEPARATION

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

   
  

[ [HONORABLE CSR CHANGETOHONORABLE
Niseniaosrcmmes "a
[" [UNDER GTHER THANHONORABLEGONDTTIONS | anor AED
3. UNIT AND LOCATION AT DISCHARGE | | BAD CONDUCT (Special court-martialony) | | | tot appticable tor Ar Force)
oe ee han ere} om:
SEPARATION:

IY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

See Attached Letter

  

        
  

THIS FORM Is SUBMITT ED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

| 7. ¢eppicabie) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (vvyvMuDo)
ED AS EVIDENCE: (Continue in item 14.

  
  
 
    
  
  
  
 

   

I rinlllary dccumente te records are relevant to your case, please send copies.)

See attached Letie®

   

 
 
  

9. TYPE OF REVIEW REQUESTED (x one)

YX CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | ANDIOR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| ANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

H TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(NOTE: The en Discharge Review Board does not have a traveling panel.)

 

 
  

 

  
 
  

  

(enter city and state

        
   
  

(if any) (Last, First, Middle ini initial) A

"(See Hem 10 of the instructions about counselrepresentative.)

N/A

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. if the record in question Is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application Is signed by other than the applicant,
indicate the name (print) and relationship by marking a box below.

   

     

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code. Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

a. SIGNATURE - REQUIRED (Applicant or person in item 11 above) b. DATE SIGNED - REQUIRED
7 ; : (YYYYMMDD)

2ECF OS TR

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0

    
 

  

(Do not wnite in this space.)

F0)-H004- 0044 |

  
   
 
 

  
 
 

   
  

 
   
 
   

        
   
    
   
     
      

  
     
    

4. DISCHARGE CHARACTERIZATION RECEIVED (Xx one)} §. BOARD ACTION REQUESTED (x one}'} |
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): DOCKET # COMPONENT:
FD-2009-00491 USAF

TYPE OF DISCHARGE: DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE
GENERAL FT MEADE, MD 13 APR 01

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
12 JAN 76 25 AMN A1C 27 MAY 98 NONE

AFSC: IN333A - SLAVIC CRYPTO LINGUIST DEP DT: ASVAB SCORES: A: 68 E: 98 G: 90 M: 90
11 MAR 98

D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 2 NONE GCM: NONE NONE

F, RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
27 MAY 98 - 30.MAR 01 FT MEAD AIN 3 (DBH)

G. AWARDS & DECS: AFTR, AFOUA

 

EAD: 27 MAY 98 DAS: 06 APR 00 H. TMS: 3 YRS 1 MOS 3 DAS TAMS: 2 YRS 10 MOS 17 DAS

APPLN (DD FORM 293) DTD: DT/INITIALS: _ NPA/PA: NPA BOARD REGION:
“| 12 AUG 09 210CT10/CM

 

RECORDS: } MPR:YES ARMS: NO STR: YES | ISSUES: YES [ ATTACHMENTS: YES

AUTH FOR DISCHARGE : AFI-36-3208, PARA 5.49 (MISCONDUCT: MINOR DISCIPLINARY INFRACTIONS) & PARA 5.11
(CONDITION THAT INTERFERE WITH MILITARY SERVICE): MENTAL DISORDER)

4 ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

(1) ART 15: 06FEB01 - (ART 134) COMMITTED ADULTRY.
(2) ART 15: 21 AUG 01 - (ART 92) FAILED TO OBEY A NO CONTACT ORDER.

 

EXAMINER’S NOTE: NOTIFICATION MEMORANDUM DATED 22 MAR 01, PARA 2B, CITES ADDITIONAL REASON FOR

DISCHARGE AS: ON OR ABOUT 13 OCT 00, DIAGNOSED BY LT COL” AS HAVING ADJUSTMENT

DISORDER WITH MIXED ANXIETY AND PERSONALITY DISORDER AS WELL AS A DEPRESSED MOOD. THE MENTAL

DISORDER IS SO SEVERE THAT HIS ABILITY TO FUNCTION EFFECTIVELY IN THE MILITARY ENVIRONMENT IS
SIGNIFICANTLY IMPAIRED. HIS DISORDER IS EVIDENCED BY HIS CONTINUED DISOBEDIENCE.

 

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(ease read instructions on rent 3 and 4 BEFORE completing this a ?

for this formas oO average ding t a ea and
Dak pani Uo atar oan. Dice mag ead Tag he CENSOR Sand comments jacarting ay other aepect of thie collection of Information’ inching
cachet letter alae Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no

person shall falling to comply with 2 collection of information if it does not a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABO! ORGANIZATION, RETURN COMPLETED FORM TO THE APPROPRIA “ADDRESS ON BACK OF THIS PAGE.
AUTHORITY: 10 U.S.C. 1553; E.0. 9397.

PRIVACY ACT STATEMENT
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.
ROUTINE USE(S): None.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for Social
| Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

[APPLICANT DATA (The person whose dscharpe sf berovewed). PLEASE PRINT OR TYPE INFORMATION. SC—~S
fa anancnor sence oon) Taruny | Twarine cons | [wan TX [amore [eoasrauano

Jb. NAME (Last, First, Middle Initial) ©. GRADEIRANK AT DISCHARGE | d. SOCIAL SECURITY NUMBER
; PHORE NUMBER (Iiclude Area Code

IAILING

OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

  

    
      
     

         
 
   
   
      
  
    

 

 
 

   
  

     
 

erm Seat [ [HONORABLE —SSSSSS*d QR [GHANGETOHONORABLE
[YK GENERALIUNDER HONORABLE CONDITIONS |" "| GHANGETO GENERAL ANDER |
[~ [UNDER OTHER THAN HONORABLE CONDITIONS| 70 UNCHARAGTERIZEL
3. UNIT AND LOGATION AT DISCHARGE |] BAD CONDUCT (Special coutmeriaonyy |_| er (Mot anplicable for Air Force)
OR SEPARATION feorene = ———————— | war

SUN ere eS ee

S: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

See Attac ed Letter

      
      
    

  

      
  
 

EAST

      

   
     
 
  
   
 

 

    
 
  

SEPARATION:

   

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YvvymmpbD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE

D AS EVIDENCE: (Continue in Item 14.

 
    

 
 
   
      

, if military documents or medical records are relevant to your case, please send copies.)

See Attached Letier

   

9. TYPE OF REVIEW REQUESTED (x one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counselrepresentative) WILL NOT APPEAR BEFORE THE BOARD.

LE ANDIOR (counselrepresentative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

T ANDIOR (counselrepresentative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city ie state) (NOTE: The Naw Dechange Review Board does not have a traveling panel.)

  

 

 
 

 

     
 
    
     
      
  
    
     
   

 

         
 
  

  
 

p (# any) NA m (Last, First, Middle Initial) B
"(See Hem a of the instructions about counsel/representative_}

11. APPLICANT MUST SIGN IN ITEM 12.2. BELOW. If the record In question Is that of a deceased or incompetent person, LEGAL PROOF
OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application Is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

     

  
    
  

  
  

CASE NUMBER
{Do not write in this space.)

F-20097 C044

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties Involved for wilifully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shail be fined under this title or imprisoned not more than 5 years, or both.)

a. SIGNATURE - REQUIRED (Applicant or person in Hem 11 above) b. DATE SIGNED - REQUIRED
a . =e (YYYYMMDD)

2eCF4 09 FR

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
August 12, 2009

To: Air Force Review Board
From:

Subject: Response to Application for Discharge Review

I request my discharge be upgraded from a general (under honorable conditions) to an
honorable discharge.

The reason I was awarded a general vice an honorable discharge centers around the two
Article 15 proceedings I received on active duty. While I was guilty of the charges and

accept complete responsibility for my actions, I feel there were mitigating circumstances
that were not fully appreciated at the time of my service.

Following a civil dispute between my former wife and I, which was later determined to
be “mutual spousal abuse,” I contacted her after I had been ordered to have no contact
with her. I know it was wrong and I pleaded guilty in the Article 15 hearing but the
emotional pain and hope of reconciliation were on my mind ~ I had hopes of salvaging
my marriage. I also received an Article 15 punishment for having an inappropriate
relationship with two women while legally separated and awaiting my divorce. While I

recognize it was wrong from strictly a legal UCM aspect I think it was unfair given my
wife was not under the same restrictions.

Following the two Article 15 proceedings, my security clearance was suspended and I
was no longer able to do my job. The best course for me for me was to start over -- I had
lost my wife and my job and just wanted a new start as quickly as possible

The breakup of my marriage was a traumatic and painful experience for me. I don’t think
the leaders of my command fully appreciated the impact this event had on me or my
performance and actions. [ have done well since leaving the Air Force — I graduated with
degrees in chemistry and Modern Languages and Linguistics (appreciative of the

language skills I learned in the military). I will soon finish my Ph.D. in chemistry. I’ve

been productive member of the community, have remarried and now have a loving wife
and son.

I have the utmost respect for the Air Force and admiration for those who serve. I truly
enjoyed my work and wished I had finished my enlistment. I would like to change the
past but it’s not possible. | would ask that you give my case some thought and
compassion commensurate with the circumstances I was going through.

I would have make this plea in person but it just isn’t within our financial means for me
to travel to the hearing.

Sincerely,

= oe Pe \
DEPARTMENT OF THE AIR FORCE |
70th INTELLIGENCE WING (ACC)
FORT GEORGE G. MEADE, MARYLAND

 

22 Mar.01
MEMORANDUM FOR Amn

FROM: 32 IS/CC

SUBJECT: Notification Memorandum

1. [am recommending your discharge from the United States Air’ Force for Misconduct, Minor
Disciplinary Infractions and Involuntary Convenience of the Government, Conditions That |
Interfere With Military Service, Mental Disorders. The authority for this action is AFPD 36-
32 and AFI 36-3208, Chapter 5, Section H, Paragraph 5.49 and Section B, Paragraph 5.11. Ifmy

recommendation is approved, your service will be characterized as either honorable or general. I |
am recommending that your service be characterized as general.

2. My reasons for this action are that: |

a. (1) Between on or about 6 April 2000 and 9 January 2001, you wrongfully had

sexual intercourse with two different females not your wife, for which you received
nonjudicial punishment on 6 February 2001. —

|
(2) On diverse occasions, between about 27 July 2000 and about 2 August 2000, you |
failed to obey a lawful order issued by Lieutenant Colonel for which
you received nonjudicial punishment on 21 August 2000. |
b. On or about 13 October 2000, you were diagnosed by Lt Co aS |
having Adjustment Disorder with Mixed Anxiety and a Personality Disorder as well |
as a Depressed Mood as described in the Diagnostic and Statistical Manual of |
Medical Disorders (DSM-IV). The mental disorder is so severe that your ability to |
function effectively in the military environment is significantly impaired. Your
disorder is evidenced by your continued disobedience. |

3. Copies of the documents to be forwarded to the separation authority to support this
recommendation are attached. The commander exercising SPCM jurisdiction or a 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 any special pay, bonus, or education assistance funds may
be subject to recoupment.

“Freedom Through Vigilance”
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 Captain at Andrews

AFB, on 28 March 2001 at 1130 hours. You may consult civilian counsel at your own
expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 29 March 2001 unless you request and

receive an extension for good cause shown. I will send them to the separation authority.

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

c

7. You have been scheduled for a medical examination. You must report to Bolling AFB,

Physical Exams Section, _ 1 0730 on 28 March 2001 with your
medical records for the examination.

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 32 IS orderly room or the Area Defense
Counsel's office.

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

Commander

Attachments:

1. Supporting documents
a. AF Form 3070, dated 6 Feb 01 (5 pages)
b. AF Form 3070, dated 21 Aug 00 (4 pages)

c. Mental Health Evaluation, dated, 13 Oct 00 (2 pages)
2. Airman’s Receipt of Notification Memorandum

“Freedom Through Vigilance”
DEPARTMENT OF THE AIR FORCE
70th INTELLIGENCE WING (ACC)
FORT GEORGE G. MEADE, MARYLAND

 

MAR 30 2001
MEMORANDUM FOR 70 IW/CC

FROM: 70 IW/JA

SUBJECT: Legal Review, Administrative Discharge

1. Authority for Action: I have reviewed the attached administrative discharge package in

_ accordance with AFI 36-3208 and find it legally sufficient to support a finding that the
Respondent, Amn is subject to discharge for Misconduct (Minor Disciplinary
Infractions) under AFI 36-3208, Chapter 5, Section H, Paragraph 5.49 and Involuntary
Convenience of the Government, Conditions that interfere with Military Service, (Mental

Disorders) under AFI 36-3208, Chapter 5, Section B, Paragraph 5.11. All further paragraph
references are to AFI 36-3208 unless specifically stated otherwise.

2. Respondent’s Military Record: Respondent has been on active duty since 27 May 98. He

is not entitled to an administrative board hearing based on time in service,.grade, or any other
factor. He has no Enlisted Performance Reports.

q

3. Respondent’s Response: Amn ‘onsulted with counsel and has submitted a

statement for your review. Amn would like for you to consider discharging him under
Honorable conditions instead of a General characterization.

4. Analysis: i.

i
a. Basis and Propriety of Discharge: The initiating commander has recommended Amn
; separation based on Paragraph 5.49 and 5.11. Paragraph 5.49 authorizes the

involuntary separation of airmen who engage in a pattern of misconduct involving violations of
nonpunitive regulations or minor offenses under the UCMJ. According to the instruction, the
subject misconduct will have ordinarily resulted in informal or formal counselings, letters of
reprimand, or nonjudicial punishment under Article 15, UCMJ. ‘Amn. has received two
Article 15’s and is currently awaiting civilian prosecution for a domestic dispute with his spouse.
Because Amn s pattern of misconduct involves recurrent minor UCMJ offenses, he
mav be lawfully separated pursuant to AFI 36-3208, paragraph 5.49. AFI 36-3208, paragraph
5.1] authorizes the involuntary separation of airmen who have a physical or mental disorder that
is so severe that it significantly interferes with their ability to function in a military environment.
The Instruction requires that a recommendation for discharge, based on paragraph 5.11.1, Mental
Disorders, be supported by a report of evaluation, prepared by a psychiatrist or clinical
psychologist, that confirms the diagnosis of a disorder listed in the Diagnostic and Statistical
Manual of Medical Disorders (DSM-IV). As an additional prerequisite to recommending
discharge, the Instruction requires that the report expressly conclude that the member’s disorder
is so severe that his or her ability to function effectively in a military environment is significantly
impaired. On 13 Oct 00, Amn vas diagnosed by Lt Col with an
Adjustment Disorder with Mixed Anxiety and a Personality Disorder as well as a Depressed
Mood. Lt Col further stated that his merital disorder is so severe that his ability to
function effectively in the military environment is significantly impaired.

b. Characterization of Discharge: According to paragraph 1.18.1, characterization of
service as general is appropriate when significant negative aspects of an airman’s conduct
outweigh the positive aspects of his or her military record. Amn _.._..__ 3 disobedience is a
significant departure from accepted behavior in the military and consequently overshadows any -

identifiable positive aspects of his military record. Accordingly, characterization of Amn
service as general is appropriate.

c. Probation and Rehabilitation (P&R): I concur with the initiating commander that
probation and rehabilitation is not appropriate for this airman. The squadron gave Amn.
ample opportunity for rehabilitation. Amn  —_s did not take advantage of those

opportunities as shown by his repeated misconduct. There is no reason to believe that further
rehabilitative efforts would be successful.

5. Options: You may:

a. Retain the Respondent if you determine the evidence does not support discharge;

b. Forward the discharge package to the 8AF/CC recommending an Honorable discharge;
c. Order a General discharge; or

d. Direct reinitiation of discharge processing to pursue an Under Other Than Honorable
Conditions (UOTHC) discharge.

6. Recommendation: I recommend that you sign the attached letter directing Amn Martinez be
discharged from the Air Force with a General discharge.

Staff Judge Advocate