AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

    
 
 

TYPE

 

X PERSONAL APPEARANCE

COUNSEL: NAME OF COUNSEL AND OR ORGANIZATION

 

GRADE AFSN/SSAN

A1C | qian

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

_MEMBERS SITTING

 

VOTE OF THE BOARD

 

HON GEN UVOTHC OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBITS SUBMITTED TO.THE BOARD ge
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

 

ISSUES INDEX NUMBER
A94.05 A67.10
HEARING DATE CASE NUMBER
18 NOV 02 FD01-00032

 

my) Gs] Bho) ee

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

REMARKS

Case heard at Dobbins ARB, Georgia

APPLICANT'S:SSUE AND THE BOARD'S. DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED:AIR FORCE DISCHARGE REVIEW. BOARD pI

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

 

 

 

 

SIGNATURE OF RB

INDORSEMENT

 

TO: FROM:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002

 

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

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00032

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for
discharge and change the RE Code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Dobbins ARB, GA on November 18, 2002. The following additional exhibits were submitted at the

hearing:
Exhibit 5: Applicant’s contentions.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge to Honorable, change the Reason for discharge and change of the RE
Code is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary
Infractions. Applicant states that there was an “information file” kept on her and which was used to rate her
and that she did not have access to that file. The record indicates the Member received an Article 15 for
dereliction in the performance of her duties. She also received four Letters of Reprimand for dereliction of
duty (twice), making a false statement, and failure to follow orders. And, two Letters of Counseling for
failure to go and failure to follow instructions. The Board did not look at, nor consider any information that
was not documented. Based on the documented evidence in the record, the Board concluded the
misconduct of the applicant appropriately characterized her 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 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-01-00032

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 98/04/10 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary. Infractions). Appeals for Honorable
Disch, Change in Reason for Disch, and to Change the RE Code. Disch.

2. BACKGROUND:

a. DOB: 76/02/04. Enlmt Age: 19 2/12. Disch Age: 22 2/12. Educ:HS DIPL.
AFQT: N/A. A-67, E-59, G-62, M-28. PAFSC: 35051 - Personnel Journeyman.

DAS: 96/04/17.

b. Prior Sv: AFRes 95/04/13 - 95/12/12 (8 months) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as A1C 95/12/13 for 4 yrs. Svd: 2 Yrs 3 Mo 28 Das, all AMS.

b. Grade Status: none.

c. Time Lost: none.

d. Art 15's: (1) 98/03/11, F.E. Warren AFB, WY - Article 92. You, who
knew of your duties, o/a 13 Jan 98, were derelict in the
performance of those duties in that you negligently
failed to have the Senior Noncommissioned Officer
(SNCO) folders completed by 23 Feb 98, as it was your
duty to do. Rdn to Amn (susp till 10 Sep 98), and
forfeiture of $50.00 pay per month for two months.

{No appeal) (No mitigation)

e, Additional: LOR, 26 JAN 98 - Dereliction of duty.
LOR, 26 JAN 98 - Making a false statement.
LOR, 18 JUL 97 - Dereliction of duty.
LOR, 11 APR 97 - Dereliction of duty.
LOR, 31 MAR 97 - Failure to follow orders.
Loc, 21 MAR 97 - Failure to follow instructions properly.
LOC, 06 JAN 97 - Failure to go.
LOC, 06 JAN 97 - Failure to go.
LOR, 27 JUN 97 - Unsatisfactory progress on Weight
Management Program Phase I.

f. CM: none.

g. Record of SV: 95/12/13 97/08/12 F.E. Warren AFB 2 (Initial) REF
(Discharged from F.E. Warren AFB)
FD01-00032

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (11) Mos (28) Das
TAMS: (2) Yrs (3) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/10/24.
(Change Discharge to Honorable, Change the Reason for Disch, and Change the
RE Code.)

Issue 1: Violation of section 4.4, Record Access, of AFI 36-2608, Handling
Commander's or Supervisor's Assigned Personnel Information Files which states,
"People who the subjects of the records may gain access per AFi (sic) 37-132."

Issue 2: Violation of paragraph (d), Access to records, of section 552a,
Records maintained on individuals, of the Privacy Act of 1974 which states,
"Each agency that maintains a system of records shall - (1) upon request by any
individual to gain access to his record or to any information pertaining to
which is contained in the system, permit him and upon his request, a person of
his own choosing to accompany him, to review the record and have a copy made of
all or any portion thereof in a form comprehensible to him."

The above stated violations occurred from 6 Nov 96 to 21 Aug 97. During this
time period there was a "information file" Maintained on myself by my supervisor
which I was not aware of until 21 Aug 937, the day I was served a referral EPR.
On this Day after I was served a referral EPR, my supervisor picked up the
“information file" and told me that the information inside that Folder was the
information used to write the EPR. I was then told that it would be given to
her supervisor (Superintendent of Customer Service) and would be kept under lock
and key, and that I could not and would not be allowed to look at it. The same
“information file" was then passed on to my next Supervisor, who gave it to me
and told me to do whatever I wanted to do with it because, he did not want
(sic). So that evening after reading through the file I decided to show it to
my First Sergeant, who found it necessary to destroy the original copy.

I am submitting the enclosed package requesting review and upgrade of my
discharge from the U.S. Air Force on April 10, 1998. I am requesting that all
enclosed information is taken into consideration as well as any additional
information that is presented at the time of my appearance in front of the Air
Force Discharge Appeals Board as requested on my application.

I am requesting that upon the board's review of this information that the type
of separation be changed to voluntary and the character of service be upgraded
to honorable. I am also requesting the reentry code be changed to a 1J, the
separation code and reason for separation would also need to be changed to
reflect the above information. Also, my DD torm 214 should reflect that I did
pay into the Montgomery GI Bill.

TI would consider it a privilege to return to active duty in the U.S. Air Force
at the rank held at discharge. Your time and consideration in this matter are

greatly appreciated.
FD01-00032

ATCH

1. DD Form 214 (Members 4 6 1).

2. MFR (UndatedQ.

3. MFR, 12 Nov 97.

4. MFR, 01 May 97.

5. Loc, 06 Jan 97.

6. LOC, 21 Mar 97.

7. LOR, 31 Mar 97.

8. Written Order, 31 Mar 97.

9. LOR, 1l Apr 97.

10. UIF, 15 Apr 97.

11. LOR, 27 Jun 97.

12. Memorandum for 90 MSS/CC, 02 Jul 97.

13. Weight Progress Processing, 10 Mar 97.

14. Medical Consultation Sheet, 01 Apr 97.

15. Physical Profile Serial Report, 23 Apr 97.

16. Physical Profile Serial Report, 02 Apr 937.

17. Standard Form 175, 21 Apr 97.

18. UIF Summary.

19. Memorandum for 90 MSS/CC, 17 Jul 37.

20. Memorandum to Applicant, 17 Jul 97.

21. Random Weigh-in Worksheet.

22. 90 MG/SGHMA Form 22, Individual's Performance.

23. Notification of Commander's Directed Mental Health Evaluation, 18 Jul 97.
24. Memorandum for 90 MSS/cc, 30 Jul 97.

25. LOR, 18 Jul 97.

26. Response to Letter of Reprimand, 13 Aug 97.

27. UIF, 28 Aug 97.

28. Four AF Forms 931, Performance Feedback Worksheet.
29. Memo, Referral of Enlisted Performance Report, 21 Aug 97.
30. Enlisted Performance Report.

31. Response to Referral Enlisted Performance Report, 27 Aug 97.
32. BMTS Performance Summary, 09 Feb 96.

33. AETC Form 156.

34. Letter of Appreciation, 02 Dec 96,

01/01/31l/ia
PDpa/- ead 32

DEPARTMENT OF THE AIR FORCE
90TH SPACE WING (AFSPC)

 

0.8 APR 1988

MEMORANDUM FOR CC HD
FROM: JA

   
 

SUBJECT: Legal Opinion: Dischar

€ Under Provisions of AFPD 36-32 and AFI 36-3208,
Para 5.49.4 . ~

90 MSS)

1. BASIS FOR ACTION: Administrative discharge action was initiated on 31 Mar 98
against AlC Christina M. Tutcher under the provisions of AFPD 36-32 and AF] 36-3208,

— paragraph 5.49 (minor disciplinary infractions), The squadron commander recommends
separation with a general discharge. She does not recommend probation and rehabilitation.
is not entitled to a board hearing. She has consulted with counsel and waived
her rights to submit statements on her behalf.

2. FACTS: Minas: record shows a pattern of minor disciplinary problems that
violate the UCMJ. Her misconduct includes numerous failures to follow orders, dereliction in
the performance of duties, and failures to go. Rehabilitative efforts include establishment of an
Unfavorable Information File (UIF), one Article 15, four Letters of Reprimand (LORs), and two
Letter of Counseling (LOC). For more details, see the Notification Memorandum dated

31 Mar 98.

 

3, PERSONAL DATA: @Q¢R0MER is 22 years old and has served on active duty since
13 Dec 95. Her duty title is Customer Service Representative, DAFSC 38031. She is single

and lives on base in a dormitory.
4. REGULATORY GUIDANCE:

a. An airman may be subject to discharge based on a pattern of misconduct that
consists solely of minor disciplinary infractions. Minor disciplinary infractions include
violations of nonpunitive regulations and minor offenses under the UCMJ. Minor disciplinary
infractions are normally evidenced by formal or informal counselings, LORs, and Article 15s.

b. The Air Force concept of probation and rehabilitation (P&R) is to give the member a
chance to show that he or she is able to meet Air Force standards. The separation authority may
offer P&R in any case where there seems to be a reasonable expectation of rehabilitation. The
initiating commander and separation authority must consider P&R if the reason for discharge is
misconduct (AFI 36-3208, paragraphs 7.2 and 7.4).

5. FOR THE RESPONDENT:
a. MMAR is entitled to wear the Air Force Training Ribbon.

GUARDIANS OF THE HIGH FRONTIER
PRS) BOA 32.

b. gefRiiiesas served notice of this action on 31 Mar 98, acknowledged receipt,
consulted with counsel and waived her rights to submit statements on 6 Apr 98.

6. FOR THE GOVERNMENT:

a. A pattern of minor disciplinary infractions is contrary to the self-discipline required

for effective military service. 1 MMBARE ccord shows a history of disciplinary problems
that violate the UCMJ. She has demonstrated an inability to comply with very basic of military
standards—failing to complete assignment and not showing up to work on time. She has
engaged in conduct causing great disruption to the Military Personnel Flight, Customer Service
and has shown a complete unwillingness to conform her behavior to what is expected of an

airman.

b. eRe sinor disciplinary problems demonstrate that she is not fit for

military service. A general discharge is warranted when the negative aspects of an airman’s
service outweigh the positive. The evidence in support of a general discharge is legally
sufficient. The squadron commander believes probation and rehabilitation are not appropriate
under the circumstances because giifiiiiailialiitierh as not responded to previous opportunities to
bring her conduct within Air Force standards. We concur.

7. OPTIONS: As the separation authority in this case you may:

a. Retain  Ox8n) SZ

DEPARTMENT OF THE AIR FORCE
90TH SPACE WING (AFSPC)

 

=

1 MAR 1998

©)

a

MEMORANDUM FOR

 

FROM: 90 MSS/CC
SUBJECT: Notification Memorandum

1. | am recommending your discharge from the United States Air Force for 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 could be characterized as honorable, general, or
under other than honorable conditions. ] am recommending that your service be characterized as
general.

2. My reasons for this action are:

a. You, who knew of your duties at or near Francis E. Warren Air Force Base, Wyoming,
on or about 13 Jan 98, were derelict in the performance of those duties in that you negligently
failed to have the Senior Noncommissioned Officer (SNCO) folders completed by 23 Feb 98, as
it was your duty to do. For this conduct, you received an Article 15 on 11 Mar 98 and it was
placed in your existing Unfavorable Information File (UIF).

b. Between on or about Nov 97 and on or about Dec 97, you were negligent in the
performance of your duties in that you willfully failed to properly complete an audit of personnel
records. You received a Letter of Reprimand (LOR) on 26 Jan 98.

c. On or about 16 Jan 98, you made a false official statement io SR gaier bat all
Senior NCO folders had been signed and forwarded to HQ AFPC. You received an LOR on
26 Jan 98.

d. On or about 15 Jul 97, you were negligent in the performance of your duties in that
you willfully failed to complete your established duties for the day, to wit: filing source
documents in UPRGs, routing Right Start records, accounting for returned Right Start records,
filing the returned “checked-out” UPRGs, and cleaning the office. You received an LOR on
18 Jul 97 and it was placed in your existing UIF,

e. On or about 9 Apr 97, you were negligent in the performance of your duties in that
you willfully failed to meet suspenses to correct a JUMPS and PURGE reject. You received an
LOR on 11 Apr 97, had a UIF established, and you were placed on a control roster.

f. On or about 28 Mar 97, you failed to follow orders to ensure all your filing was
complete before departing for leave. You received an LOR on 31 Mar 97.

GUARDIANS OF THE HIGH FRONTIER
Poels Bete) 352

DEPARTMENT OF THE AIR FORCE
90TH SPACE WING (AFSPC)

 

FI MAR 1998

MEMORANDUM FOR

 

FROM: 90 MSS/CC
SUBJECT: Notification Memorandum

1. 1 am recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AF] 36-3208, paragraph 5.49. If
my recommendation is approved, your service could be characterized as honorable, general, or
under other than honorable conditions. I am recommending that your service be characterized as
general.

2. My reasons for this action are:

a. You, who knew of your duties at or near Francis E. Warren Air Force Base, Wyoming,
on or about 13 Jan 98, were derelict in the performance of those duties in that you negligently
failed to have the Senior Noncommissioned Officer (SNCO) folders completed by 23 Feb 98, as
it was your duty to do. For this conduct, you received an Article 15 on 1] Mar 98 and it was
placed in your existing Unfavorable Information File (UIF).

b. Between on or about Nov 97 and on or about Dec 97, you were negligent in the
performance of your duties in that you willfully failed to properly complete an audit of personnel
records. You received a Letter of Reprimand (LOR) on 26 Jan 98.

c. On or about 16 Jan 98, you made a false official statement to RRIweR at all
Senior NCO folders had been signed and forwarded to HQ AFPC. You received an LOR on

26 Jan 98.

d. On or about 15 Jul 97, you were negligent in the performance of your duties in that
you willfully failed to complete your established duties for the day, to wit: filing source
documents in UPRGs, routing Right Start records, accounting for returned Right Start records,
filing the returned “checked-out” UPRGs, and cleaning the office. You received an LOR on
18 Jul 97 and it was placed in your existing UIF.

e. On or about 9 Apr 97, you were negligent in the performance of your duties in that
you willfully failed to meet suspenses to correct a JUMPS and PURGE reject. You received an
LOR on 11 Apr 97, had a UIF established, and you were placed on a control roster.

f. On or about 28 Mar 97, you failed to follow orders to ensure all your filing was
complete before departing for leave. You received an LOR on 31 Mar 97.

GUARDIANS OF THE HIGH FRONTIER
g. On or about 20 Mar 97, investigation revealed you failed to follow instructions to
complete filing in a timely manner. You received a Letter of Counseling (LOC) on 21 Mar 97.

h. On or about 6 Jan 97, you failed to go at the prescribed time to your place of duty, to
wit: Building 232. You received an LOC on 6 Jan 97.

i. On or about 20 Dec 96, you failed to go at the prescribed time to youtplace of duty, to
wit: Building 232. You received an LOC on 6 Jan 97.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial 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. Na legal counsel has been obtained to assist you.

I have made an appointment for you to consult of the Area Defense Counsel’s

Office, Bldg. 292, ext. 3248, on 3) Moreh AWAY at \OO© . You may consult

civilian counsel at your own expense.

5. You have the right to submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me within three workdays after receipt of the

notification letter, that date being 3 Bosi\ \Aig, unless you request and receive an extension for
good cause shown. J will send any statements you submit to the separation authority for his

consideration.

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

7, 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 squadron orderly room.

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

 

Attachments:

AF Form 3070 w/Atchs, dated 11 Mar 98
LOR, dated 26 Jan 98

AF Form 1058 w/Atchs, dated 28 Aug 97
AF Form 1058 w/Atch, dated 11 Apr 97
LOR w/Atch, dated 31 Mar 97

. LOC w/Atch, dated 21 Mar 97

LOC w/Atchs, dated 6 Jan 97

NAW WN