AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

~ | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE

AMN
RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

AFSN/SSAN

    
  

 

 

 

 

 

 

 

 

 

    

 

  
 
  
   

INDEXNUMBER = 7) gy Hees
ORDER APPOINTING THE BOARD

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 O
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE

 
 

  

 

   

CASE NUMBER

FD-2002-0034

  

Case heard at Washington, D.C.

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

(3

SIGNATURE OF RECORDI

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

550 C STREET WEST, SUITE 40 1538 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

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

FD-2002-0034

   
   

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

  
  

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Dobbins AFB, Georgia, in November, 2002, but did not respond to formal notification of the hearing date

and failed to appear without requesting a postponement. The applicant was again scheduled for a personal

appearance before the DRB at Fort Gillem, Georgia, in April 2004, but again failed to respond to formal

notification of the hearing date and did not request 4 postponement.

 
 
 

    
     
     
     
     
 

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

   

 
    
 

FINDINGS: Upgrade of discharge is denied.

itted no issues contesting the equity or propriety of the discharge, and

The Board finds the applicant subm
was unable to identify any that would justify a change of

after a thorough review of the record, the Board

      
 
   

 

Issue. Applicant was discharged for a pattern of misconduct and had received two Articles 15, a Letter of
ble Information File for misconduct.

Reprimand, a Record of Individual Counseling, and had an Unfavora
Her infractions included failure to go, disobeying a lawful order, and absenting herself from her place of

duty for 2 days. At the time of the discharge action, applicant waived her right to consult counsel or to
submit statements in her own behalf. The DRB opined that through the unit’s administrative actions, the

applicant had opportunities to change her negative behavior. The Board concluded the misconduct was a

significant departure from conduct expected of all military members and the characterization of the

discharge received by the applicant was appropriate.

  
      
        
       
   
      
 
    

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
d was within the discretion of the

procedural and substantive requirements of the discharge regulation an
discharge authority and that the applicant was provided full administrative due process.

 

 

 

 

 

 

the Board further concludes that there exists no legal or equitable basis for
e changed.

 

   
   
 

Examiner's Brief
FD2002-0034

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

(Former AMN) (HGH SRA}

 

1. MATTER UNDER REVIEW: Appl rec’d a CEN Disch fr USAF 00/10/24 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct ). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 78/07/20. Enimt Age: 18 4/12. Disch Age: 22 3/12. Educ:HS DIPL.
AFOT: N/A. A-59, BE-48, G-42, M-33. PAFSC: 25051 - Supply Management
Journeyman. DAS: 97/07/16.

b. Prior Sv: (1) AFRes 96/12/14 - 97/03/11 (2 months 28 days) (Inactive) .

3, SERVICE UNDER REVIEW:

a. Enlisted as AB 97/03/12 for 4 yrs. Svd: 03 Yrs 07 Mo 13 Das, ail AMS.

b. Grade Status: AMN - 00/10/04 (Article 15, 00/10/64)
SRA - 00/03/12
AlC - {EPR Indicates): 98/11/12-99/11/11
AMN - 97/09/12

ec. Time Lost: none.

da. Art 15's: (1) 00/10/04, Offutt AFB, WE - Article 86. You did, on or
about 14 Sep 00, without authority, absent yourself
from your place of duty at which you were required to
be, and did remain so absent until on or about 16 Sep
00. Reduction to Amn, and 30 days extra duty.
(No appeal) {No mitigation)

(2) 00/06/05, Offutt AFB, NE - Article 92. You, having
knowledge of a lawful order issued by SSgt -----7 , to
wit: "To call in to your appropriate supervisors to
find out when you are suppose fo report to work," or
words to that effect which it was your duty to obey,
did, on or about 1 May 00, fail to obey the same.
Reduction to ALC (suspended until 5 Sep oo), and 10
days extra duty. {No appeal) (No mitigation)

e. Additional: LOR, 08 MAY 00 ~ Failure to go.
RIC, 08 MAY 00 - Failure to go.

f. CM: none.

g. Record of SV: 98/11/12 - 99/11/11 Offutt AFB 4 (Annual)
97/03/12 i 98/11/11 offutt AFB 4 {Initial}
FD2002-0034

(Discharged from Offutt AFB)

h. Awards & Decs: AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (03) Yrs (10) Mos (11) Das
TAMS: (03) Yrs (07) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/01/14.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
none.

02/05/08/f/ia
pp acez- O°

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE SASE, NEBRASKA

 
     

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1 8 OCT 2000
MEMORANDUM FOR 55 WG/CC

FROM: 55 WG/JA

SUBJECT: ‘ii ca Administrative Discharge Action~Amn Sea?

WSS TRNS (ACC)

1. INITIATION OF ACTION: On 11 October 2000, 55 TRNS/CC notified An fie
he was recommending she be discharged for Misconduct--Pattern of Misconduct pursuant to AFPD

36-32 and AFI 36-3208, paragraph 5.50.2. 55 TRNS/CC further recommends Amft@gireccive a
general discharge without probation and rehabilitation (P&R).

2. RESPONDENT: The respondent is a twenty-two year old Inventory Management Journeyman.
She has completed three years and seven months of her four year enlistment (TAFMSD:
12 March 1997) and was assigned to her unit on 16 July 1997. This is her first enlistment.

3 REASONS FOR DISCHARGE:

a. Onor about 12 July 1999, without authority, the respondent failed to go at the time
prescribed to her appointed place of duty. For this incident she received a Letter of Reprimand

dated 13 July 1999.

b. On or about 4 May 2000, without authority, the respondent failed to go at the time
prescribed to her appointed place of duty. For this incident she received a Record of Individual
Counseling dated 8 May 2000.

c. The respondent, having knowledge of a lawful order issued by Staff Sergeant im
@iaeiigto wit: “To call in to your appropriate supervisors’ to find out when you are supposed to
report in to work,” or words to that effect, an order which it was her duty to obey, did, at or near
Offutt Air Force Base, Nebraska, on or about 17 May 2000, fail to obey the same. For this
- incident she received Nonjudicial Punishment dated 5 June 2000, consisting of reduction to the -
grade of Airman First Class suspended thru 5 September 2000 and 10 days extra duty.
Additionally, an Unfavorable Information File (UIF) was established.

d. The respondent did, on or about 14 September 2000, without authority, absent herself from
her place of duty at which she was required to be, to wit: Transition Assistance Program, Building
C, Room 126, located at Offutt Air Force Base, Nebraska, and did so remain absent until on or
about 16 September 2000. For this incident she received Nonjudicial Punishment dated
4 October 2000, consisting of reduction to the grade of Airman with a new date of rank of
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4 October 2000 and 30 days extra duty. Additionally, this Nonjudicial Punishment action was
placed in her existing UIF.

4. RESPONDENT’S SUBMISSION: By letter dated 16 October 2000, the respondent waived
her rights to consult with counsel and to submit a statement.

 

5. ERRORS AND IRREGULARITIES: None.

 

' 6 DISCUSSION:

a. Basis for Discharge: Under AFI 36-3208, paragraph 5.50.2., airmen are subject to
discharge for a pattern of misconduct which is prejudicial to good order and discipline. This
includes conduct of a nature that tends to disrupt order, discipline, or morale within the military
community. The misconduct usually involves causing dissent, disruption, and degradation of
mission effectiveness. In this case, the respondent’s four incidents of misconduct provide a
sufficient basis for discharge.

b. Appropriateness of Discharge: Amn 4s committed offenses for which she has
received one Record of Individual Counseling, one Letter of Reprimand, and two Nonjudicial
Punishment actions. The nature of the four underlying offenses demonstrates an airman who
displays an obvious disregard for Air Force regulations and the orders of her superiors. Her
misconduct is prejudicial to good order and discipline and discharge is appropriate.

 

¢. Characterization of Service: Tabie 1.3 to AFI 36-3208 provides that discharges for
Misconduct--Pattern of Misconduct may be characterized as honorable, general, or under other
than honorable conditions. A general discharge is appropriate when significant negative aspects of
an airman's conduct or duty performance outweigh positive aspects of the airman’s military.
record. The respondent’s four incidents of misconduct clearly outweigh the positive aspects of her
military career. Accordingly, a general discharge is appropriate.

 

d. Probation & Rehabilitation: The respondent is eligible for P&R under AFI 36-3208,
Chapter 7. The initiating commander does not recommend P&R. Given the respondent’s actions,
it appears she is unable or unwilling to adhere to Air Force standards of conduct. An additional
opportunity for rehabilitation through P&R is not warranted.

 

e. Legal Sufficiency: This action is legally sufficient.
7. OPTIONS: As the special court-martial convening authority, you may:
a. Retain the respondent;

b. Approve discharge with a general discharge with, or without, P&R;

c. Return the file to the unit with a recommendation that the respondent be processed for
discharge with an under other than honorable conditions discharge; or
d. Forward the file to the general court-martial convening authority with a recommendation

for an honorable discharge with, or without, P&R.

8. RECOMMENDATION: | recommend the respondent be discharged with a general discharge
without P&R and, due to the nature of her discharge, she be barred from Offutt Air Force Base for a

period of one-year from the date of her discharge.

SEA, Colonel, USAF

Staff Judge Advocate
| Peace? ~ orf

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS S5TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

 

1i OCT 20m
MEMORANDUM FOR AMNGQSGGRRSIOee

’ FROM: 55 TRNS/CC
SUBJECT: Letter of Notification

1. Tam recommending your discharge from the United States Air Force for Misconduct--Pattern
of Misconduct. The authority for my recommendation is AFPD 36-32 and AFI 36-3208,
paragraph 5.50.2. If my recommendation is approved, your service will be characterized as
honorable or general. | am recommending that your service be characterized as general.

2. My reasons for this action are:

a. On or about 12 July 1999, without authority, you failed to go at the time prescribed to
your appointed place of duty. For this incident you received Letter of Reprimand dated
13 July 1999. (Atch 1-1)

b. On or about 4 May 2000, without authority, you failed to go at the time prescribed to

your appointed place of duty. For this incident you received a Record of Individual Counseling
dated 8 May 2000, (Atch 1-2)

c. You, Miving knowledge of a lawful order issued by Staff Sergean i. to

wit: “To cali in to your appropriate supervisors’ to find out when you are supposed to report in
to work,” or words to that effect, an order which it was your duty to obey, did, at or near Offutt
Air Force Base, Nebraska, on or about 17 May 2000, fail to obey the same. For this incident you
received Nonjudicial Punishment dated 5 June 2000, consisting of reduction to the grade of
Airman First Class suspended thru 5 September 2000 and 10 days extra duty. Additionally, an
Unfavorable Information File (UIF) was established. (Atch 1-3)

d. You did, on or about 14 September 2000, without authority, absent yourself from your
place of duty at which you were required to be, to wit: Transition Assistance Program, Building
_C, Room 126, located at Offutt Air Force Base, Nebraska, and did so remain absent until on or
about 16 September 2000. For this incident you received Nonjudicial Punishment dated
4 October 2000, consisting of reduction to the grade of Airman with a new date of rank of

4 October 2000 and 30 days extra duty. Additionally, this Nonjudicial Punishment action was
placed in your existing UIF. (Atch 1-4)

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. If you
~ Poede2~-20°7

are discharged, you will be ineligible for reenlistment in the Air Force and probably any other
branch of the military.

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 Captains, Bldg 323C, RM 302,
Phone 4-3939, atOGo0  on_ I? oct 00 . You may consult civilian counsel at your
own expense.

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 (Zo, {( oct VO 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 have been scheduled for a medical examination. You must report to the 55th Medical
Group, Physical Exams, Room 115, Building 527 (Fairchild Hall), at_ 1430 on

oct 00 for the examination. Please pick up your medical records 24 hrs prior to
your appointment.

8. You have been scheduled for an initial separation appointment. You must report to the 55th
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at
{400 on \V oc+ © QO with your escort.

9. You have been scheduled for a pre-separation briefing. You must report to the Family
Support Center at on for the briefing.

10. 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 the unit orderly room.

11. Execute the acknowledgment provided and return it to me immediately.

   

ee : Major, USAF
Commander, 55". Transportation Squadron

 
 

Attachments:

Atch 1-1; Letter of Reprimand dated 13 Jul 99

Atch 1-2; Record of Individual Counseling dated 8 May 00
Atch 1-3; Nonjudicial Punishment dated 5 Jun 00

Atch 1-4; Nonjudicial Punishment dated 4 Oct 00