INDEX NUMBER ae KFSRBEA? co
A67.10 ORDER TINGTHEBOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

WEARING DATE CASE NUNBER oo =
9 BRIEF OF PERSONNEL FILE
010108 9-00093 COUNSEL'S RELEASE TO THE BOARD
AFBITS ‘TTTED AT TIME OF

‘Case heard at Washington, D.C.

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

’

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL,
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1333 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

       

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

#B38-0803

    
 
  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

  
    
      
    
   
   
    
   
      

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

  

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief

Issues: The applicant's issues deal with her unauthorized phone calls and uniform violations and will be
addressed jointly. The applicant contents that she received an Article 15 for making out of town phone
calls while on base and that other members of her squadron who did the same thing were not punished. She
would like her discharged upgrade and feels like she should have only received a written reprimand. The
applica +t . ation of the uniform regulation, AFR 35-10. She

receive fis if, i Le a ist debts, The applicant received an Article 15 for
obtaini ed telephone service. This Article 15 was suspended in
part bu to go to her place of duty. The DRB opined that through
these a aments, the applicant had ample opportunities to change
her neg »plicant, although minor in nature when analyzed
individ m that could not be tolerated. The Board concluded that
the cha riate due to her misconduct.

       
     
      
    
     
   
     
   
    
    
     
    
 

The Be quity in this case upon which to base an upgrade of
dischat

CONC includes that the discharge was consistent with the
proced charge regulation and was within the discretion of the
dischas ided full administrativedue process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

  
   

Attachment:
Examiner's Brief
FD-99-00093
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

oa =

1. MATTER UNDER REVIEW: Appl reo’d a GEN Disch fr USAF 1/09/25 UP AFR 39-10,
para 5-46 (Misconduct - Pattern of Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 71/07/03. Enlmt Age: 18 6/12. Disch Age: 20 2/12. Educ: HS DIPL.
AFOT: N/A M-32, A-79, G-64, E-52. PAFSC: 62330 - Services Specialist.
DAS: 90/09/07.

b. Prior Sv: AFRes 90/01/24 - 90/05/13 (3 months 20 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enld as AB 90/05/14 for 4 yrs. Svd: 1 Yrs 4 Mo 12 Das, all AMS.

 

b. Grade Status: AB - 91/07/10 (ART 15, VACC, 91/09/10}
AMN — 90/11/14

ec. Time Lost: none.

d. Art 15’s: (1) 91/09/10, VACC, Griffiss AFB, NY ~ You did, ofa 3 Sep
91, w/o auth, fail to go at the time prescribed to your
appointed place of duty. Rdn to AE. (No appeal) (No
mitigation) .

(2) 91/0710, Griffiss AFB, NY - You did, on divers occasions
between o/a 18 Jun 91 and o/a 23 Jun 91, w/intent to
defraud, falsely pretend to the USAF that you were
making official business long distance telephone calls,
then knowing that the pretenses were false, and by means
thereof did wrongfully obtain from the USAF services of
a value of about $82.00, to wit: long distance telephone
service. Rdn to AB (susptil 9 Jan 92), forfeiture of
$376 pay per month for two months (susp til 9 Jan 92),
and 30 days correctional custody. {No appeal) (No
mitigation).

e, CM: none.

£. Record of SV: none.
(Discharged from Griffiss AFB)

g. Awards ¢ Decs: NDSM, AFTR.
FD-99-00093

h. Stmt of Sv: TMS: (1) Yrs (8) Mos (2) Das
TAMS: (1) Yrs (4) Mos (12) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 91/01/10.
{Change Discharge to Honorable)

Issues attached to the Brief.

ATCHS

1. Applicant’s Issues.

99/02/23/ia
Letter of Notification - Discharge Undér the Provisions of AR 39-10

 

Sn

 

1. an recommending your discharge from the United States Air Force for
misconduct - minor disciplinary infractions. The authority for this action
is AFR 39-10, paragraph 5-46. If my recommendation is approved, your

service will be characterized as either honorable or general. Ia
recomending that your service be characterized as general »

2 WM reasons for this action are your acts of misconduct, as evidenced by
the following =

 

Date Incident Action
9 Sep 91 Disobeyed a Lawful Letter of Reprimand/UI1F,
Order/Failure to Pay 10 Sep 91
a Just Debt
‘ 3 Sep 91 Failure ta G Vacation of Suspended
Nonjudicial Punishment,
10 Sep 91
6 Sep 91 Violation of AFR 35-10 Record of Individual

Counseling , 9 Sep 91

18 - 23 Jun 91 Obtaining Services Under Article 15, 10 Jul 91
ats False Pretenses/Unauthor-
7 ized Telephone Service

Copies of the documents to be forwarded to the separation authority. in
support of this recommendation are attached. The commander exerci5ing 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 wiil be characterized. Ifyou are discharged, you wil! be

ineligible for reenlistment in the Air Force.

3, You have the right to consult counsel. Military legal counsel has been
obtained ssist yo I have made an appointment for you to consult
Capea in -eamaencaall at Bepot 1, 2nd floor, extension 2015, on

{2 Seed at [LYALS hours. You may consult civilian counsel at your

OWA EXBEASE.

4. You have the right to submit statements in your own behalf. Any state-

ments you want the separation authority to consider must reach me by
Gt (3 work days), unless you request and receive an exten-

 

  

. is our Profession
. good cause shown. 1 will send them to the separ

If you fat] to consult counsel of €0 submit statements in your Owe
half, your failure will constitute @ Waiver of vour richt ta dn en ©”

6. Yo have been scheduled for a medical examination. Yq must r
the Griffiss AFB Hospital, physical exams section at g 706 hours
fied. 9/ for the examination. Uniform of the day is required.

sport te

 

7. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as explained in AFR 39-10, attachment 6 A copy of
AFR 39-10 is available for your use at the 416th SVS Unit Orderly Roan

Be EXCCUTE THE acknowledgment and return it to me immediately,

     

2 Atchs

1. Supporting documents for the

ed reason for discharge:

= a. Ltr of Reprimand/UlF,
10 Sep 91

b. AF Form 1058, 10 Sep 91

c. AF Fom 366, 10 Sep 91,
w/l Atch: Ann's Statement,
6 Sep 91

d. AF Fam 174, 9 Sep 91

e. AF Foam 3070, 10 Jul 91,
w/S Atchs:
1. AF Form 3070 Continuation
Sheet
2. Ams Statement, 27 Jun 91,
w/5 Atchs :

1. Organizational Detail

Report, 24 Jun $1

2. Selection Report ,

25 Jun 91

. Telephone Bill

Mi, 25 Apr 91

elenhone Bill

Meee 10 May 91

‘light Kitchen Duty
Schedule, 12-30 Jun 91

2, Ann's Acknowledgment of LON

  
   
  

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