AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN | PERSONAL APPEARANCE x | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
] ISSUES Ad 4, 53 INDEX NUMBER A 67, 1 0
iL JORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
TADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
FD-2009-00725

 

   

RE

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.

*CHANGE REASON AND AUTHORITY
+CHANGE RE CODE

cs

TO: FROM:
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-2009-00725

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

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. Change of reason and authority for discharge,
and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he wants to be able to enlist in the Pennsylvania Air National Guard and after fourteen years
since the discharge he realizes what the military meant to him. The record indicates the applicant received a
civilian conviction, one Article 15, one Letter of Reprimand, and a Record of Individual Counseling. His
misconduct included driving while intoxicated (DW]), failed to report to place of duty, and violation of base
driving privileges. 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.

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

Attachment:
Examiner's Brief
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

6 public reporting burden for this Collection oF information 1s estimated 10 average JO minutes per response, including the time for reviewing instructions, Searching existing dala sources, gathering and
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 ci 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 compty 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 (X one) [army | | MARINE CORPS NAVY AIR FORCE | COAST GUARD
b. NAME / ast First Midclle Initial) c. GRADE/RANK AT DISCHARGE d SOCIAL SECURITY NUMBER
@. Gun wim Meee we Ae areas wet PERSON NAMED IN ITEM 11 (Forward . - NUMBER (fincluce Area Code)

notification of anv chanae in address. )
pe deescraee

| h. FAX NUMBER (inciude Area Code)

 

 

 

 

 

 

 

 

 

 

pais 1
2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (xX cne}| 5. BOARD ACTION REQUESTED (x one}
{YYYYMMDD) (if date is more than 15 years HONORABLE x CHANGE TO HONORABLE
ago, submit a DD Form 149)
GENERAL/UNDER HONORABLE CONDITIONS Bee OS NERA RPER
998 02 oF UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARAGTERIDED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
OR SEPARATION UNCHARACTERIZED ~ ™ C A NSE WAR ATIVE REASON FOR
bd i xplain} ke a
q2°> MS Caste ALB CA E Code,

 

 

 

 

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

rows) TE REQYEST ThaT my Re-Enrey Code bE charsen to Allow MYSELF
To EnausT TO TAE PA ArR NAT a GuARi).

 

7. 0X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (vyvyMMoD}
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
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.

| 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 inital) AND ADDRES: b. PHONE NUMBER (include Area Code,
(See item 10 of the instructions about counselVrepresentative.)

 

 

 

 

 

 

c. E-MAIL

 

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. lf the application is signed by other than the applicant,

 

 

 

 

Indicate the name (print) and relationship by marking a box below.
| | SPOUSE | wipow WIDOWER NEXT OF KIN LEGAL REPRESENTATIVE | OTHER (Specify)
12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)
a, SIGNATHRE . REQIIRER /dnniicant ar narenn in Ham 11 shave b. DATE SIGNED - REQUIRED Pas A - OO]
) (YYYYMMDD) ‘i LS ) »
2ee9 s/f 2
DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (/f applicable)

 

 

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

 

 

15. REMARKS (if applicable)
To feu Thar ARR I yeseS | ET Ape Paved wher The
MLtpey Meant fo ME. T worn eke foe my Le - En7 bY Qocle Be
UPCRAdED fo RLehreer my Enistmear jnto te AL naTiorae Cred

‘Ss possrble.

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS
Army Review Boards Agency Naval Council of Personne! Boards
Support Division, St. Louis 720 Kennon Street. S.E.

9700 Page Avenue
St. Louis, MO 63132-5200
(See http://arba.army.pentagon.mil)

Room 309 (NDRB)
Washington Navy Yard, DC 20374-5023

 

AIR FORCE COAST GUARD
Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

 

DD FORM 293, NOV 2006 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): DOCKET # COMPONENT: —
. FD-2009-00725 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO

GENERAL CASTLE AFB, CA 01 FEB 95 HONORABLE, CHANGE REASON FOR
. ; DISCHARGE & RE CODE
DOB/ ENLMT AGE: DISCH AGE: FORMER: B. CURRENT DOR: C. TIME. LOST:
21 JUN 71 “48 23 A1c 12 JAN 95 NONE
AFSC: 2A613A - AEROSPACE PROPULSION . DEP DT: ASVAB SCORES: .

09 AUG 89

° APPRENTICE, JET ENGINE
E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
GCM: NONE CIVIL CON: 1

       
 

  

   
 
 

       
 

   
 
    

  
 

   

         
 
  

 
 
   

  

  
 
 

D. ART 15/ VAC: D. LOR, LOA, RIC, LOC:
|
F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
06 MAR 92 - 05 MAR 93 CASTLE AFB 4 (ANNUAL)
06 MAR 93 - 05 MAR 94 CASTLE AFB 5 (ANNUAL)
06 MAR 94 - 31 JUL 94 CASTLE AFB 3 (DBH) REFERRAL
01 AUG 94 - 12 JAN 95 CASTLE AFB 2(DBH) REFERRAL
G. AWARDS & DECS: AFOUA, AFGCM, NDSM, AFOSLTR, AFLSAR, AFTR

EAD: 03 NOV 89 DAS: 06 MAY 92 TMS: 5 YRS 5 MOS 24 DAS TAMS: 5 YRS 2 MOS 29 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
23 NOV 09

25MAR11/CM
RECORDS : _| MPR: YES ISSUES: YES ATTACHMENTS: NO

AUTH FOR DISCHARGE : AFI 36- 3208, PARA 5.49 (MISCONDUCT: MINOR DISCIPLINARY INFRACTIONS)

 

 
     
   
  
 
  

  
   
   
 
  

      

    
 
 
 

 

  
      
 
 

 

  

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

    
   

CIVIL CON: 23 JUL 94 - DWI.
LOR: ~ 26 JUL 34 - DWI.

RIC: 416 NOV 94 - FAILED TO REPORT TO PLACE OF DUTY.

ART 15: 03,JAN 95 - (ART 92) VIOLATED BASE DRIVING PRIVILEGES.

EXAMINER'S NOTE:

               
   

©SAF/MRBR V10709
OMB No. 0704-0004

   
   

  
  
   
 
 

APPLICATION FOR THE REVIEW OF DISCHARGE

° FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

@ public reporting Ouraen to ge 30 minutes per response, including é time for reviewing ins ing existing data sources, gainering ana

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 ct Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no

4 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.O. 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 |__| MARINE CORPS NAVY _[3<[air Force [___ [coast cuaro

b. NAME /Lasi. First. Miadle Initial) c. GRADE/RANK AT DISCHARGE | d. SOCIAL SECURITY NUMBER
=RSON NAMED IN ITEM 11 (Forward .

O. COISLN! HENCE: HI: Bier Eye wage

notification of any change in address. )

    
   
  
  

  
   
   

 

 

 

  
   

 

¢

  
    
     
  

 

§. BOARD ACTION REQUESTED (x one)

x CHANGE TO HONORABLE

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
(Not applicable i Air eos!

    

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)
(YYYYMMDD) (if date is more than 15 years HONORABLE

ago, submit a DD Form 149) ’
GENERAL/UNDER HONORABLE CONDITIONS
IW9S 02 oF

3. UNIT AND. LOCATION AT DISCHARGE
OR SEPARATION

92°> MS Castue AFB CA

 

     

  
   
 

 

 

 
 

 

   

eC,

E Code,

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

oes) Ze “REQVEST ThAT my Re-Emrby Code bE charsey to Allow mySEeF
To EnusTiato TAE PA AiR NArrern*A GeARD.

 

 

| 7. Xt appiicabiey AN APPLICATION’ WAS PREVIOUSLY SUBMITTED ON (yyyvMMDD)

 

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 (xX one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (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.

TANDIOR (counselrepresentative) 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 fraveling panel.)

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial} AND ADDRE
(See Item 10 of the instructions about counsel/representative.)

 

 

 

 

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.

 

CASE NUMBER

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the :
(Do not write in this space.)

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 (Apolicant or person in Item 11 above) b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20209 s/f 2

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. _ Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

14, CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

 

‘

15. REMARKS (If applicable)

 

T eu That APRA 14 yeaRS TAs Paved wher
MLepey Meant to ME. T wou eke fe my he Ent ey Cocle Le
UPGRASED Yo keFrecr my Encistméar into tee Aik naTiorat GrlD
TS fossrble, .

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

 

ARMY . . NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street. S.E.
or Louk MO. 63192-5200 Foor 308 (NRE)

. LOUIS, OE hit 74-502
(See http://arba.army.pentagon.mil) Washington Navy Yard, DC 20374-5023

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

DD FORM 293, NOV 2006 Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 93D BOMB WING (ACC)
CASTLE AIR FORCE BASE, CALIFORNIA

 

20 January 1995

MEMORANDUM FOR AiC , 93 MS

FROM: 93 MS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct,
specifically, Minor Disciplinary Infractions. The authority for this action is AFPD 36-32
and AFI 36-3208, paragraph 5.49. If my recommendation is approved, your service will
be characterized as honorable or general. I am recommending that your ‘service be
characterized as general.

2. My reasons for this action are:

a. On 23 July 1994, at or near the city of Atwater, CA, you operated a vehicle under
the influence of alcohol, with a BAT of .28. Your driving under the influence case was
handled in civilian court in which you were sentenced to 36 months probation, $1450 fine,
and four days in jail. In addition to the civilian action you received a Letter of Reprimand,
you were placed on the control roster, and an Unfavorable Information File was
established on you. You were also released from Airman Leadership School, you were

entered into and completed Track III of the substance abuse program, and your base
driving privileges were suspended for one year as a result of your driving under the
influence (see Tab NL 1a).

_ b. On8 and 16 November 1994, you failed to report to your appointed place of uty.
For your failure to go, you were counseled (see Tab NLIb).

c. On3 J anuary 1995, you violated the suspension (see a. above), by driving a
privately owned vehicle on Castle AFB, CA. For your misconduct you received an Article
15 with reduction in grade from SrA to A1C (see Tab NLIc).

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 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.

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 building
265 on 23 January 1995 at 0900 hours. You may consult civilian counsel at your own

expense.

Global Power for America
5. You have the right to submit statements. on your own behalf. Any statements you want
the separation authority to consider must reach me by 25 January 1995 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 on your own behalf, your failure
will constitute a waiver of your right to do so.

7. You were scheduled for a medical examination. You reported to the 93d Medical
Group at 0700 hours on 19 January 1995 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 in your unit orderly room.

Major, USAF
Commander, 93 MS

Attachments:

NL1. Supporting Documents

NLla. LOR, dtd 26 Jul 94; UIF Action, dtd 26 Jul 94
93 MSS/MSN Ltr, dtd 25 Jul 94; Incident
Report #CAAF00500; Substance Abuse Dispo-
sition Form, dtd 22 Aug 94

NLI1b. Counseling Feedback Ltrs, dtd 21 &22 Nov 94

NLIc. Article 15, dtd 17 Jan 95 w/atchs

NL2. Airman’s Acknowledgment
DEPARTMENT OF THE AIR FOKCE

HEADQUARTERS 93D BOMB WING (ACC)
CASTLE AIR FORCE BASE, CALIFORNIA

 

Date: 26 January 1995

MEMORANDUM FOR 93 BW/CC

FROM: JA (Major )

SUBJECT: Legal Review of AFI 36-3208 Discharge Action (A1C ,
FR 93 MS)

1. Ihave reviewed the attached discharge action on A1C and find it legally

sufficient. The commander recommends discharge for Misconduct, specifically, Minor
Disciplinary Infractions. This case meets the criteria for discharge under. AFI 36-3208,
paragraph 5.49 and is supported by a preponderance of the evidence. The commander

recommends a general discharge.

2. DISCUSSION:

a. The Respondent’s conduct during this enlistment reflects a pattern of misconduct
consisting of minor disciplinary infractions which subject him to discharge under AFI 36-
3208, paragraph 5.49. The Respondent’s misconduct during this enlistment consists of
driving under the influence, failure to report to his appointed place on no less than two
occasions, and violating an order not to drive on Castle AFB. For his misconduct, the
Respondent was counseled, received a Letter of Reprimand, and was placed on the control
roster. In addition, an Unfavorable Information File was established on Respondent and
he has received an Article 15 with punishment of reduction in grade. The Respondent’s
behavior can no longer be tolerated by the Air Force, and the Respondent should be

discharged.

b. The Respondent’s service should be characterized as general. The significant
negative aspects of his conduct outweigh the positive aspects of his record. The
Respondent’s service is not otherwise so meritorious that an honorable discharge is
appropriate. On the other hand, the Respondent’s misconduct is not so severe as to
warrant an under other than honorable conditions characterization.

‘¢. Probation and rehabilitation are not appropriate in this case. The Respondent’s
commander has already used most available rehabilitative tools without effect.

d. The Respondent elected to submit a statement after consulting counsel. He does not
feel that an involuntary discharge is right and requests to voluntarily separate from the Air

Force with an Honorable Discharge.

3. ERRORS AND IRREGULARITIES: None.

Global Pomer fer Smerica
4. OPTIONS OF THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY:
You may:

a. Retain the Respondent in the Air Force;

b. Recommend to the General Court-Martial Convening Authority that the Respondent
be discharged because of Misconduct, for the reasons alleged by the commander, with an
honorable discharge, with or without probation and rehabilitation;

c. Discharge the Respondent because of Misconduct, for the reasons alleged by the
commander, with a general discharge, with or without probation and rehabilitation, or;

d. Direct the unit to reinitiate the action to be processed under board hearing
procedures if you determine an under other than honorable conditions discharge may be
warranted.

5. RECOMMENDATION: I concur with the commander’s recommendation that the
Respondent be discharged with a general discharge, without probation and rehabilitation.

Lf? a

So

“Staff Judge Advocate