AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AIC wees

 

PERSONAL APPEARANCE

 

X RECORD REVIEW

 

  

NAME GF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

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MEMBERS SITTING
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X
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ISSUES

A92,37, 004

sa.’ INDEX NUMBER

A67.10

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BMITTED TO Te ROAR!
TING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

    
  
   
 

HEARING DATE

02-09-17

CASE NUMBER

FD2002-0200

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

1
2
3 | LETTER OF NOTIFICATION
4

 

 

 

 

 

f TAPE RECORDING OF PERSONAI, APPERANCE HEARING

 

 

 

Ran RE BOARD

  

 

   

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR,

 
   

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

RF OF BOARD PRESIDENT

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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 | _¢p2992-0200

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right,

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge and change of reason, authority, and reenlistment code are denied.

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

Issues. Applicant was discharged for minor disciplinary infractions. She was two AETC Forms 173,
“Student Record of Counseling,” and six Letters of Reprimand. Her misconduct included failure to go,
failure to obey a Jawful order, a dormitory inspection violation, disrespect to superior noncommissioned
officers, provoking speech, and sleeping in class. At the time of the discharge, after consulting counsel,
member submitted a statement in her own behalf accepting responsibility for her unacceptable behavior and
requesting another chance to prove her commitment to the AF. Applicant essentially takes the same
approach now, and notes she has matured since separating, and is involved in various community activities.
The Board noted that member was the same age as other airmen who adhere to the standards when her
misconduct occurred, and she knew right from wrong. She was responsible for her actions, and therefore
was held accountable for them. She was counseled repeatedly and given numerous opportunities to
improve her behavior but failed to respond to those rehabilitative efforts. No inequity or impropriety was
found in this discharge in the course of the records review.

The applicant cited her desire to return to military service. While the Board commends applicant on this
desire as well as her post-service accomplishments, and is sympathetic to the impact a General discharge
has on her reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

If the applicant can provide additional information about her discharge, and documented evidence to
substantiate an inequity or impropriety, she should consider exercising her right to a personal appearance
hearing, and be prepared to present the Board with evidence of an inequity or impropriety as well as her
exemplary post-service accomplishments and contributions to the community.

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
FD2002-0200
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

—_ (Former AlC) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/03/18 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge, to Change the Reason and Authority for Discharge, and Change the RE
Code.

2. BACKGROUND:

a. DOB: 80/08/29. Enimt Age: 17 9/12. Disch Age: 18 6/12. Educ:HS DIPL.
AFQT: N/A. A-25, E-34, G-39, M-25. PAFSC: 3M011 - Services Helper.
DAS: 98/06/24.

b. Prior Sv: none.
3. SERVICE UNDER REVIEW:
a. Enlisted as A1C 98/06/24 for 4 yrs. Svd: 00 Yrs 08 Mo 25 Das, all AMS.
b. Grade Status: none.
c. Time Lost: none.
d. Art 15’s: none.

e. Additional: AETC 173, 09 FEB 99 - Failure to maintain room in
inspection order.
AETC 173, 09 FEB 99 - Dereliction of duty and found absent
from place of duty.
| LOR, 11 FEB 99 - Sleeping in class.
| LOR, 11 FEB 99 = Missing movement.
LOR, 12 FEB 99 - Disrespect towards a Superior Commissioned
Officer.
LOR, 17 FEB 99 - Provoking speeches or gestures.
LOR, 22 FEB 99 — Failure to obey an order.
LOR, 22 FEB 99 — Failure to go.

 

f. CM: none.
g. Record of SV: none.
(Discharged from Lackland AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (00) Yrs (08) Mos (25) Das
TAMS: (00) Yrs (08) Mos (25) Das
FD2002-0200

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/06.
(Change Discharge to Honorable, Change the Reason and Authority for

Discharge, and Change the RE Code)

Issue 1: Ms ------ takes full responsibility for the immature behavior that
resulted in her separation from the Air Force before her normal end of
enlistment. She believes she has significantly matured. An example of her
maturity is that she attends --------- Community College and is involved ina
mentoring program. Finally, she is involved in the African American Chamber of
Commerce. All of this adds up to portray a responsible mature citizen. She is
seeking a change in her reentry code that would permit her to re-enlist.

ATCH
1. DD Form 214.

02/08/16/ia
FD2002-~O 200

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

| 10 “Min 1999
MEMORANDUM FOR 37. TRG/CC

FROM: 37 TRW/JA Qiagen,
SUBJECT: Legal Review of Proposed Discharge of staigihiiamapRenaiiiantiatnanees.. {

under AFI at 3208, Paragraph 5.49

1. LEGAL SUFFICIENCY: I have reviewed the administrative discharge case file régarding
“aap, the Respondent. .The proposed discharge is supported by a
preponderance of the evidence, and there are no errors that prejudice a substantial right of the
Respondent. Therefore, the file is legally sufficient subject to a medical determination that the

Respondent is qualified for worldwide duty and separation.

2. BASIS FOR DISCHARGE AND REHABILITATIVE MEASURES: The

344th Military Training Flight Commander, SRE, recommends the
Respondent be discharged from the Air Force under AFI 36-3208, Paragraph 5.49, Misconduct,

Minor Disciplinary Infractions with an Under Honorable Conditions (General) discharge. The
basis for the proposed discharge consists of eight disciplinary infractions to include failing to
maintain her room in inspection order, leaving her place of duty, sleeping in class, missing
mandatory formations, disrespect towards a superior commissioned officer, using provoking
words and gestures towards an airman, and violating squadron phase policy. For these
infractions she received two AETC Form 173’s and six Letters of Reprimand (LORs).

3. SERVICE HISTORY: The Respondent has been on active duty for eight months and has
received no enlisted performance reports.

4. RESPONDENT’S CASE: The Respondent consulted counsel and submitted statements for
your consideration. The Respondent states that she accepts responsibility for her history of
unacceptable behavior and would like another chance to prove she is committed to the Air Force.
She also requests to meet with you to discuss her desire to remain in the Air Force.

5. CHARACTERIZATION OF SERVICE AND P&R: If you determine there are sufficient
grounds to discharge the Respondent, you must decide whether she should be retained or
discharged. In my opinion, there is a sufficient basis for discharge. If you choose to separate the
Respondent, you must also decide the proper service characterization. A General
characterization is appropriate in this case because the negative aspects of her conduct outweigh
the positive elements of her military record. I believe P&R is not appropriate in this case given
the Respondent’s poor response to prior rehabilitative efforts.

Attorney Work Product
This is a privileged document. It will not be released in whole or in part
without the approval of the Staff Judge Advocate.
Pv2Z0d2- 020°

6. OPTIONS: As the Separation Authority, you may:
a) retain the Respondent;
b) order a discharge with a General service characterization, with or without P&R;

c) forward the discharge package to the 2 AF/CC recommending an Honorable discharge
with or without P&R; or

d) direct reinitiation of discharge processing to pursue an Under Other Than

Honorable Conditions characterization.

7. RECOMMENDATION: I recommend that you order a discharge with a service
characterization of Under Honorable Conditions (General), without P&R. If you concur, please
sign the attached proposed memorandum directing a discharge as discussed above.

 

RESTROOM NINE, Col, USAF

Staff Judge Advocate

Attachment:
Discharge Package

Attorney Work Product
This is a privileged document. It will not be released in whole or in part
without the approval of the Staff Judge Advocate.
fP2002- 0 Ze

DEPARTMENT OF THE AIRFORCE _

AIR EDUCATION AND TRAINING COMMAND

 

8 MAR 1899
MEMORANDUM FOR A 1 C gE 3.44 TRS

FROM: 344 TRS/DOM
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for Misconduct, 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 Under
Honorable Conditions (General).

2. My reasons for this action are:

a. On or about 19 Jan 99, you violated Article 92 of the UCMJ (Failure to Obey an Order or
Regulation) to wit: you failed to maintain your dormitory room in inspection order. You
received counseling which was documented on an AETC Form 173 dated 19 Jan 99.

b. On or about 9 Feb 99, you violated Article 92 of the UCMJ (Failure to Obey an Order or
Regulation) to wit: you were derelict in duty performance when found absent from your
place of duty. You received counseling which was documented on an AETC Form 173

dated 9 Feb 99.

c. Onor about 10 Feb 99, you violated Article 92 of the UCMJ (Failure to Obey an Order or
_ Regulation) to wit: you were sleeping in class. You received an LOR dated 11 Feb 99.

d. On or about 10 Feb 99, you violated Article 87 of the UCMJ (Missing Movement) to wit:
you failed to fall out for formation and physical conditioning. You received an LOR

dated 11 Feb 99,

 

e. On or about 12 Feb 99, you violated Article 89 of the UCMJ (Disrespect Towards a
Superior Commissioned Officer) to wit: you responded inappropriately when addressed
by a commissioned officer. Also you were not at attention when spoken to by a
commissioned officer. You received an LOR dated 12 Feb 99.

f. On or about 6 Feb 99, you violated Article 117 of the UCMJ (Provoking Speeches or
Gestures) to wit: you called a female student leader “bitch.” You received an LOR
dated 17 Feb 99,
PV 2ZCOZ-OACO

g. On or about 20 Feb 99, you violated Article 92 of the UCMJ (Failure to Obey an Order or
Regulation) to wit: you violated the Phase Program by wearing civilian clothes outside
of the dormitory. You received an LOR dated 22 Feb 99.

h. On or about 22 Feb 99, you violated Article 86 of the UCMJ (Failure to Go) to wit: you
failed to attend a mandatory breakfast formation for Phase I Airmen. You received an
LOR dated 22 Feb 99.

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. If you are
discharged, you will be ineligible for re-enlistment 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 the Area Defense Counsel (ADC) at Bldg 1000
2nd floor on__4 Mar 44 at 1000 . You may consult civilian counsel at

your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by (allow 3 workdays) ® Mar 45 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 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 the 344 TRS Orderly Room.

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

    

Se 1Lt, USAF

Commander, Military Training Flight
Attachment:

Copy of AETC Form 173 dated 9 Feb 99.
Copy of LOR dated 11 Feb 99.
Copy of LOR dated 11 Feb 99.
Copy of LOR dated 12 Feb 99.
Copy of LOR dated 17 Feb 99.
Copy of LOR dated 22 Feb 99,
Copy of LOR dated 22 Feb 99,

oo See ee

Copy of AETC Form 173 dated 19 Jan 99.

Fp 2002-2270