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
ce é m NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
Me STETING HON GEN UOTHC OTHER DENY
x
x
xX
x
x
ISSUES A94,53 INDEX NUMBER A67.50
1 |ORDER APPOINTING THE BOARD
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
16 Jun 2011 FD-2009-00705

 

 

 
 

    

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.

 

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00705

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.

ISSUE: Applicant received a General discharge for Misconduct—Conduct Prejudicial to Good Order and
Discipline

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates
the applicant received one Article 15, one Vacation, and a Letter of Reprimand. His misconduct included
failure to report to place of duty on time (10x), made a false official statement (2x), and stole six compact
discs from the Base Exchange. The Board opined that through these administrative actions, the applicant
had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset
any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no
evidence of impropriety or inequity to warrant an upgrade of the discharge.

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 administrative due process.

Attachment:
Examiner's Brief
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)
@ public repo D information is esimated to average ding the Ome for reviewing I ions, searcin data sources, gathering a
maintaining the data needed, and completing and reviewing the 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 the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shall'be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION, RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

 
   
   

 
  
   
      

   

   

     
 

           

  

at

            
   
     
   
 

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. 2

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION. ;
fa. BRANGH OF SERVICE (one) [ [ARMY | [MARINECORPS | [NAVY [XC] AIRFORCE | [eoasTGUARD |

b. NAME (Last. First. Middle Initial) c. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

AS
BPE GI IRI ME NeOe UE Ans eiemies wie cau uN NAMED IN ITEM 11 (Forward
notification of anv chanae in address. }

   
  
   
 

      
        
   
       
     
  

  
   
    
 

 

 

 
 

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION REGEIVED (X one)| 5. BOARD ACTION REQUESTED (X one) |

C7YMDD) dees more han 18 years TT HONORABLE CHANGE TO HONORABLE
GENERALJUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
UNDER OTHER THAN HONORABLE CONDITION Oe eee
| eA aids deat 2 CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)
TAN NARRATIVE REASON FOR

 

     
 
 
 
  
 

OR SEPARATION
Dee EQUIPMENT MaAitT Sa

 
   
 

3. UNIT AND LOGATION AT DISCHARGE | | BAD CONDUCT (Speci coutmariaoni)
SEPARATION:

| UNCHARACTERIZED

po

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

Page 3.)
7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYmMmDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 14.
If military documents or medical records are relevant to your case, please send copies.) :

”

        

   
 

  
 
 
  

  

     
   
   

 
  
    

9. TYPE OF REVIEW REQUESTED (x one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
XK SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

    
  

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

WASHINGTON, D.C. METROPOLITAN AREA.

TANDIOR (counsei/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

OUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS
(See Item 10 of the instructions about counsel/representative.)

i

  
   
 

 
 
 

    
   
 
 

d. FAX NUMBER (Include Area Code,

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.

| __|spouse[” | wipow [| wipower [| NEXTOFKIN[| —|LEGAL REPRESENTATIVE |__| OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties invoived 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.)

(Do not write in this space.)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)

FDS2004- cO10S
200% Nov 1S

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

     

       
 
   
 

 
   
  

   

CASE NUMBER

    
 
   
  
 
 
 

  
 
 
   

 

a, SIGNATURE - REQUIRED (Applicant or person in item 11 above)
- DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

, AFDRB BRIEF
NAME (Last. First, MI): DOCKET # COMPONENT:
FD-2009-00705 USAF
TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL MOUNTAIN HOME AFB, ID | 20 NOV 02 HONORABLE
DOB/ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: | C. TIME LOST:
15 JAN 83 18 19 AB Aic 17 SEP 02 NONE
AFSC: 2W131E - ACFT ARMAMENT SYSTEMS DEP DT: ASVABSCORES
APPRENTICE 27 JAN 01

D. ART 15 / VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 /VAC: 1 LOR: 1 GCM: NONE NONE

      
   

             
 

 

 
       
 

   

    
  

 
 
  

   

   

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
NONE
G. AWARDS & DECS: AFOUA, NOSM

EAD: 01 AUG 01 DAS: 20 APR 02 H. TMS: 1 YRS 9 MOS 25 DAS TAMS: 1 YRS 3 MOS 20 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:

13 NOV 09 15MAR11/CM

RECORDS : | MPR: YES ARMS: YES oe ATTACHMENTS: NO
AUTH FOR DISCHARGE : AFI - 36-3208, PARA 5.50 (A PATTERN OF MISCONDUCT - CONDUCT PREJUDICIAL TO GOOD
ORDER & DISCIPLINE). ‘ ue

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

 
          

     
  

   
 
 

  
 
   

   

    

    

 

      
   
   
 
 
 

 
  
 

LOR:. _ 26AUG02 - FAILED TO REPORT ON TIME TO PLACE OF DUTY.
(1) ART 18: 29SEP 02 - (ART 86) FAILED TO REPORT ON TIME TO PLACE OF DUTY ON TWO OCCASSIONS.
(ART 107) MADE FALSE STATEMENT ON TWO OCCASSIONS.

- (ayvac: ~ 23.0CT 02 - (ART 121) STOLE SIX COMPACT DISCS.

        
 

 

   

EXAMINER'S NOTE: |

NOTES:

  

“@SAF/MRBR V10709
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Fiease read instructions on Pages 3 and 4 BEFORE completing this application.)

eporting burd t ed fo average per response, a a
maintaining the data rameded. “acid conngieiing = reviewing the collection of information. Send comments regan this burden estimate or any ouier aspect of this collection ‘of information, inciadng
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004), Respondents should be aware that notwithstanding any other provision of law, no
person shall'be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO. THE ABOVE ORGANIZATION. RETURN 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.

a. BRANCH OF SERVICE (Xone) | [ARMY | [MARINECORPS [| [NAVY i]s | AIR FORCE |_| COAST GUARD |

.[b NAME (fast First Middle Initia c. GRADE/RANK AT DISCHARGE ff SOCIA SECURITY NUMRER

AB
e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward
notification of any change in address.)

    
   
  
  

  
  
      
   
       
   
    
  

4. DISCHARGE CHARACTERIZATION RECEIVED ( one)| 5. BOARD ACTION REQUESTED (x one) | —

|_| HONORABLE CHANGE TO HONORABLE
GENERALJUNDER HONORABLE CONDITIONS | | CHANGE TO GENERAL/UNDER
|_| UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE | | BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
VE REASON FOR

OR SEPARATION || UNCHARACTERIZED
Dire EQUIPMENT mai tT “ OTHER (Explain,

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on
Page 3.)

   
  

2. DATE OF DISCHARGE OR SEPARATION

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

  
   
 
    
  
   
 
 

   
  

OAK NARRA
SEPARATION:

       
      
   
 

 
   

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

8.IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
if military documents or medical records are relevant to your case, please send copies.) .

»

       
 
   

 
  

9, TYPE OF REVIEW REQUESTED (x one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
X SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

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

WASHINGTON, D.C. METROPOLITAN AREA.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle initial) AND ADDR PHONE NUMBER (Include Area Code,
(See Item 10 of the instructions about counsel/representative.)

i

 

   

 
  
 

 

  
 
   

  
  
       

     
   
 

  

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.

|__|spouse[ ]wwow [  |winower [| NExTOFKIN[ | LEGAL REPRESENTATIVE [| OTHER (Specify)

12. CERTIFICATION, I 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.)

(Do not write in this space.)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)

Fp20094- 0010S
Zool Nov 15

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

     
  
  
 

 
   
  

   

CASE NUMBER

  
   
  
 
   

  
  
   
 

  
 
  
 

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)
366TH FIGHTER WING (ACC)

 

|

MEMORANDUM FOR AB

FROM: 366 EMS/CC |

|
SUBJECT: Notification|Memorandum |

DEPARTMENT OF THE AIR FORCE

MOUNTAIN HOME AIR FORCE BASE, IDAHO

b Noo2

1. Iam recommending your discharge from the United States Air Fouce for a Pattern of Misconduct,
specifically, Conduct Prejudicial to Good Order and Discipline. The authority for this action is
AFPD 36-32 and AFI 3613208, paragraph 5.50. If my recommendatign is approved, your service can

be characterized as honorable or general. I am recommending y

general.

1

2. My reasons for this action are:

r service be characterized as

an

a. On or about 8 Oct|02, you stole six compact discs of a value of, under $100, the property of the
Army Air Force Exchange Service. As a result, you received a Vacation of Suspended Nonjudicial

Punishment on 23 Oct 02. (Tab 1, Atch 1).

i

b. On or about 29 Aug 02, you failed to go at the time Ee ath your appointed place of duty

on two occasions. On of about 29 Aug 02, you also made a false o

|

{

cial statement to two different

 

supervisors. Asa result, you received an Article 15, UCMJ, on 17 Tl 02. (Tab 1, Atch 2).

c. On or about 26 Aug 02, you failed to go at the time prescribed
As a result, you received|a Letter of Reprimand (LOR) on 26 Aug 02
3. Copies of the doc
recommendation are att
decide whether you will:

ched. The commander exercising Special

 

be discharged or retained in the Air Force.

o your appointed place of duty.
.| (Tab 1, Atch 3).

ments to be forwarded to the separation authority in support of this

(Court Martial Jurisdiction will
If you are discharged, he will

also determine how your service will be characterized. If eredatae you will be ineligible for

reenlistment in the Air Force, and any special pay, bonus, or edu
subject to recoupment. |

consult with the .

made (an appointment for
b Nie _o = at O00 hours in buildin

828-2675. You may consult civilian counsel at your own expense.
|

5. You have the right to submit statements on your own behalf.

you to

4. You have the right to consult counsel. Military legal counsel he obtained to assist you. I

 

ation assistance funds may be

rea Defense Counsel on
512. The telephone number is

Any statements you want the

separation authority to! consider must reach me within three pens of the date of this
0

memorandum unless you request and receive an extension for go
. ! -
them to the separation authority.

6. If you fail to consult counsel or to submit statements on you:
constitute a waiver of your right to do so.

Global Power For America

cause shown. I will forward

1 own behalf, your failure will
|
i
|
i
|

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy
of AFI 36-3208 is available at the Area Defense Counsel's office or your squadron orderly room.
| :

8. You have been scheduled for a medical examination. You! must report to the Physical
Examination Section at the hospital on Mountain Home AFB. Your scheduled medical examination
is on { au OO? __ at O40 hours. You must be in uniform.

If you wear glasses, weal them to the scheduled examination.

 

9. You will surrender spo ID card to me immediately. Proceed with a copy of this letter to the

Military Personnel Flight (MPF), Customer Service, Building 512, Mountain.Home AFB no later
than COR JFpDAY where jou will be issued a temporary ID card valid for 90 days. If the discharge
action is still pending at the end of 90 days, another temporary ID card will be issued to you until the

case is finalized.

10. A copy of this letter also authorizes you to proceed to the Security Forces, Pass and Registration

Section, Building 7001, Visitor Control Center, no later than __( OBR | TODAY where you
will turn in your ‘Mountain Home AFB vehicle sticker and your DoD Vehicle decal. They will issue a

temporary permit good for 90 days. If the discharge action is still ation at the end of 90 days,
another temporary vehicle decal will be issued to you until the case is finalized.

 

11. Finally, proceed with a copy of this letter to the Traffic Management Office (TMO), in Building
512, immediately after receiving your separation orders from the Separations Séction at the MPF for

arranging shipment of your household goods.

| - Maj, USAF
Commander .

 

3 Attachments:
1. Vacation, dtd 23 Oct 92
2. Art 15, dtd 17 Sep 02,
3. LOR, dtd 26 Aug 02 |
fils

 

366TH FIGHTER WING (ACC)

MEMORANDUM FOR 366 FW/CC

FROM: 366 FW/JA |

SUBJECT: Legal Review, AFI 36-3208 Discharge — AB
366" Equipment Maintenance squaaron
|

1. Initiation_of Action:
served notification of discharge action against AB

DEPARTMENT OF THE AIR FORCE

-| | MOUNTAIN HOME AIR FORCE BASE, IDAHO!

“£2 Nov 2002

5 Nov 02, the Equipment Maintenance Sauadron Commander, Maj

‘Respondent) pursuant

to AFPD 36-32, Military Retirements and Separation, and AFI 36-3208, Administrative Separation of

Airmen, paragraph 5.50, Pattern of Misconduct, Conduct Prejudicial to G;
commander recommends a general discharge characterization without

(P&R). |

i

2. Respondent’s Personal Data: This 19-year-old Respondent has ap
months of creditable seryice.. The Respondent’s current duty title i
Journeyman. A summ

Commander’s Recommendation for Discharge letter.
|

ood Order and Discipline. The
Probation and Rehabilitation

roximately one year and three
Aircraft Armament Systems

of Respondent’s personal data is contained in paragraph two of the

3. Basis for Discharge: Airmen are subject to discharge under AFI 36-3208, paragraph 5.50, based on a

pattern of misconduct consisting solely of those infractions in the current
matter committed the following misconduct:

Date | Incident
|
8 Oct 02 | Larceny
|
29 Aug 02 | Failed to go
False official statements
26 Aug 02 Failed to go

4. Respondent’s Statement: Respondent was informed of his right tq
matters in response to this action. The Respondent consulted counsel and

consideration. (See Tab 4),
i

5. Irregularities: None.

enlistment. Respondent in this

Action

23 Oct 02
Ast 15 vacation action

17 Sep 02 .
Art 15

» 26 Aug 02
LOR

consult counsel and to submit
did not submit matters for your

 

6. Discussion: Once convinced there is a basis for an airman’s discharge, you must look at the airman’s
entire military record in deciding whether it is appropriate to discharge the airman. In this case, it is clear
there is a basis for discharge. On 17 Sep 02, he received an Article 1} for two failures to go, one of
which was an appointment with Life Skills. Also, he made two false official statements to two different

Global Power For America
supervisors relating a friend had been in an automobile accident and was jin a coma. He used this excuse
to explain why he overslept and was late for work. He apologized in his Article 15 and related he would
do any and everything so that it does not happen again. However, three weeks later the Respondent stole
six compact discs from the Base Exchange. The Respondent was given] ample opportunities to correct
his behavior, but those measures did not rehabilitate him. He continues to fail to meet the expected
standards of conduct. Adcording to his commander, his misconduct Has affected unit readiness and
reflects poorly on the squadron. Respondent’s discharge is legally sufficient.

7. Characterization of Service: Paragraph 1.18 of AFI 36-3208 provides guidance on the types of
service characterizations javailable for administrative discharges. “honorable” discharge is
appropriate when “the quality of an airman’s service generally has met Air Force standards of acceptable
conduct and performance of duty or when a member’s service is otherwige so meritorious that any other
characterization would be inappropriate” (para 1.18.1). An “under honorable conditions (general)”
discharge is appropriate when an airman’s service has been honest and faithful, but “significant negative
aspects of the airman’s conduct or performance of duty outweigh pdsitive aspects of the airman’s
military record” (para 1.18.2). The Respondent’s service, as evidenced] by the matters supporting this
discharge action, is most! appropriately characterized as under honorable conditions (general). “His

repeated misconduct suffi¢iently outweighs the positive aspects of his one year and three month career
that a general discharge is warranted.

8. Probation and Rehabilitation (P&R): The Respondent’s comment recommends against P&R and
we concur. The suitability of persons to serve in the Air Force is judged gn the basis of their conduct and

their ability to meet required standards of duty performance and discipline. The nature of Respondent’s
misconduct demonstrates |he is not a suitable candidate for P&R. Rkespondent’s behavior failed to
improve despite attempts at rehabilitation by the squadron, including a Vacation action from an Article
15, an Article 15, and a LOR. The impact of the Respondent’s contimued military service would be
detrimental to the mat and the United States Air Force.

9. Convening Authority | Options: As the Special Court-Martial Convening Authority, in accordance
with paragraph 5.56 of AFI 36-3208, you may:

a. Direct this action be withdrawn and retain the Respondent;
: j
b. Discharge the Respondent with a general discharge with or without P&R;

c. Recommend to the General Court-Martial Convening Authority, HQ 12 AF/CC, approval of an
honorable discharge; or|

d. Return the package for processing according to board procedures.| This would permit a UOTHC
service characterization.
~~