- we . ae
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ GRADE APSN/SSAN °
AMN
TYPE ™ ™ ~ ™
| PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND (OR ORGANIZATION — ~~ | “ADDRESS AND OR ORGANIZATION OF COUNSHI,
YES Tur
x
“ “ , “ - VOTE OF THE HOARD
MEMBERS SITTING non” GEN "OTH OTHER DENY 7
X
Xx
xX
X
oe . x
| TSBUES ” INDEX NUMBER ~~ 7 “TIENHIMITS SUDMITEED TO THE BOARD _
A93.09 A67.90 1 | ORDER AEPOINTING THE BOARD
4 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
| HEARING DATE ~ CASE NIIMBER 4 | BRIEF OF PERSONNEL FILE ee
22 OCT 02 FD2(K)2-0231 COUNSEL'S RELEASE TOTHEROARD
ALIDITIONAL EXHIBITS SUEMITTED AT TIME OF ~
PERSONAL APPEARANCE
| "TAPE RECORDING (# PLRSONAL APPERANCE iV ARING

 

 

 

 

APPLICANTS ISSUE AND THE BOARD S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to 4 personal appearance, and the right to submit an application to
the AFBCMR,

 

 

 

 

 

 

INDORSEMENT DATE: 22 OCT 02
mw ~ “a FROM: ~ —— ™ ~
SAF/MIBR SECRETARY OF THE Alt FORCE PERSONNEL COUNCIL
4400 STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB. TX 78150-4742 £535 COMMAND DR, DE WING, 3°" FLOOR
ANDRIDWS AFR, MID 20762-7002
AFHQ FORM 0-2077, JAN 00 - (EF-V2) — Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0231

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 dala 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.

ISSUE: The applicant does not contest the discharge; she states that she did not fully understand her rights.
The record indicates the applicant received an Article 15 for obtaining information protected by the Privacy
Act from the orderly room and used it for her own personal purposes, with intent to defraud and wrongfully
obtained telephone services, She also received an Article 15 for failing to refrain from using a government
lelephone for long distance personal calls. In addition, she received three Letters of Reprimand for being
disrespectful; misuse of a government credit card; and for being AWOL; and two Memorandums for
Record for misusing a government telcphone. The applicant was given the proper notification
memorandum and legal counsel and this case is factually, procedurally, and legally sufficient to sustain the
finding that the applicant’s characterization was proper. The DRB opined that through these administrative
actions, the applicant had arnple opportunities to change her negative behavior. The Board concluded the
misconduct was a significant departure from conduct expecied of all military members. he
characterization of the discharge received by the applicant was found to be appropriate.

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 or change the reason for discharge, thus the applicant's discharge should not be
changed,

Attachment:
Examiner's Brief
FD2002-0231
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 98/04/16 UP AFI 36-
3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Diach.

2. BACKGROUND:

a. DOB: 73/04/11. Enlmt Age: 21 10/12. Disch Age: 25 0/12, Educ:HS DIPL.
AFOT: N/A. A-60, E-43, G-48, M-24. PAFSC: 35031 - Personnel Apprentice,
DAS: 95/08/11,

b. Prior Sv: (1) AFRes 95/03/01 - 95/04/25 (1 month 25 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 95/04/26 for 4 yrs. Extended 97/05/05 for 4 months.
Svd: 02 ¥ra 11 Mo 21 Das, all AMS.

b. Grade Status: AMN - 98/01/28 {Article 15, 98/01/28)
c. Time Lost: none.

d. Art 15’s: (1) 98/01/28, Davis-Monthan AFB, AZ - Article 92. You, who
knew or should have known of your duties, at or near
Fort Huachuea, Arizona, in or near June 1997, were
derelict in the performance of those duties in that you
willfully obtained information protected by the Privacy
Act from the orderly room and used it for your own
peraonal purposes. Article 134. You, did, at or near
Fort Huachuca, Arizona, in or near June 1997, with
intent to defraud, falaely pretend to ------- that you
WEG wass=--- , then knowing the pretenses were false,
and by means thereof did wrongfully obtain from -------
phone services, of a value of about $138.51. Article
134. You, did, at or near Fort Huachuca, Arizona, in
or near June 1997, with intent to defraud, falaely
pretend to ------- that you were ------ , then knowing
the pretenses were false, and by means thereof did
wrongfully obtain from --+----- phone services, of some
value. Article 134, You, did, at or near Fort ,
Huachuca, Arizona, in or near June 1997, with intent to

defraud, falsely pretend to ------- that you were ----,
then knewing the pretenges were falae, and by meane
thereof did wrongfully obtain from --~--+-- phone

services, of gome value. Reduction to Amn. (No appeal)
(No mitigation)
FD2002-0231

(2) 97/05/16, Davigs-Monthan APB, AZ - Article 92. You, who
knew or should have known of your duties, were, at or
near Fort Huachuca, Arizona, between on or about 1 May
97 and on or about 31 Mar 97, derelict in the
performance of those duties in that you willfully
failed to refrain from using the government telephone
for jong distance personal calls, aa it waa your duty
to do. Suspended reduction to Airman, and 7? days
correctional custody. (No appeal) (No mitigation)

e. Additional: LOR, 0S MAY 97 - Disrespect.
LOR, O7 APR 97 - Misuse of government credit card.
MFR, 03 AUG 96 - Misuse of government telephone.
LOR, 24 JUL 96 - Absent without leave from place of duty.
MFR, 13 JUN 96 - Misuse of government telephone.

f. CM: none.

g. Record of SV: 95/04/26 - 96/10/15 Fort Huachuca AIN 4 (HAF Dir)
96/10/16 - 97/10/15 Fort Huachuca AIN 2 (Annual) REF

(Diacharged from Davie-Monthan AFB)
h. Awards & Decs: AFTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (03) Yre (01) Mos (16) Das
TAMS: (02) Yrs (11) Mos (21) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/05/21.
{Change Discharge to Honorable)

Issue 1: All statement listed were not true. I was afraid to gay
otherwise,

Issue 2: I was told I would be court martialed, TI did not fully understand
my rights. But regardless of that. I am now a 29 year old single mother. £f
want to be successful for my daughter and myself. Education is the only answer,
I've done some atupid things in my life and in my military career. I have
matured and I have changed my life for the better. I want te he successful
(eic) the right and legal way. I regret the choices I made in the past. Tf will
make better choices in my and my daughter's future and I need my G.I. Bill to
help me. I respectfully request an Honorable Discharge despite the untruths of
any statements because I wish to be an asset to my daughter and society as well.

I want to live right, please allow me another opportunity to do well for me and
my daughter's well being.

ATCH
1. Standard Form 190.

02/09/03/ia
FD 22m2-O8 Sf

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION ANO TRAINING COMMANO

 

13 February 1998

MEMORANDUM FOR 17 TRW/CC

FROM: 17 TRW/JA

SUBJECT: AFI 36-3208 Involuntary Discharge—A1 CORAM, Fag

314 TRS (ABTC)

1. We have reviewed the referenced action in accordance with AFI 36-3208, peragrant $50.2
We find it factually, procedurally, and legally sufficient to sustain a finding that Respondent
should be discharged for conduct prejudicial to good order and discipline.

2. FACTS: Respondent has engaged in a pattern of serious misconduct. In June 1996,
Respondent used government phones to make unofficial long distance calls. She was verbally
counseled (recorded on a Memo for Record), Respondent was absent without leave from her
place of duty from 15 to 17 July, for which she received a Letter of Reprimand. Also in July, she

used her supervisor’s government phone for a personal telephone conversation, for which she
was verbally counseled (recorded on a Metno for Record). In November 1996 and January 1997,
she misused the ATM privileges of her government American Express Card, She received a
Letter of Reprimand. In March, she again used government phones for unofficial long distance
calls, for which she received an Article 15. In April, she was involved in an altercation in which
she was extremely disrespectful to a superior (Senior Airman). She received a Letter of
Reprimand. In June, she obtained Privacy Act Information (social security numbers and names)
from the orderly room and used the information to fraudulently obtain phone services, for which

she received an Article 15 in January 1998,

3. UNIT RECOMMENDATIONS: The unit commander has recommended an Under Other
Than Honorable Conditions (UOTHC) Discharge without probation and rehabilitation.

4, RESPONSE BY RESPONDENT: Respondent has consulted counsel and waived her rights
to a discharge board and to submit statements.

5, ANALYSIS:

a. Paragraph 5.50.2 provides that ainmen are subject to discharge for misconduct for
conduct of a nature that tends to disrupt order, discipline, or morale within the military
community, causes degradation of the mission, and tends to bring discredit on the Air Force,
Respondent's abuse of private information available to her in her position in the orderly room is
PRPZeOLZ- O23 |

clearly counter to mission effectiveness and morale. Her complete lack of integrity and self-
discipline when placed in a position of trust demonstrate the exact opposite of the core values of

the Air Force.

b. Respondent is eligible for an Honorable, a General, or an Under Other Than
Honorable Conditions (UVOTHC) Discharge. An UOTHC Discharge is appropriate when the
reason for separation is based on a pattern of behavior or one or more acts or omissions that
constitute a significant departure from the conduct expected of airmen. If an UVOTHC
characterization ia not warranted, a General Discharge is appropriate when the airman’s service
has been honest and faithful but significant negative aspects of the airman's conduct or
performance of duty outweigh positive aspects of the ainman's record. An Honorable Discharge
is appropriate when the airman has generally met Air Force standards of acceptable conduct and
performance of duty or when a member's service is so meritorious that any other characterization
would be inappropriate. We concur in the unit commander's recommendation that Respondent
receive an UOTHC Discharge.

¢, We concur with-the anit commander's recommendation that probation and
rehabilitation is not appropriate. Respondent has been given several opportunities to improve
and has repeatedly shown her unwillingness to do so.

d, We note no errors of legal significance.

6. OPTIONS: AFI 36-3208, paragraph $.56, provides that only 2 AF/CC may order a VOTHC
Discharge. As the Special Court-Martial Authority in this case, you may:

a. order retention;

b. accept the waiver of an administrative board hearing and recommend to 2 AF/CC that
an UOTHC Discharge be ordered; or

c. reject the waiver of an administrative board hearing and order an administrative board
hearing.

7. RECOMMENDATION: That you recommend to 2 AF/CC that Respondent receive an
UOTHC Discharge.

     

udge Advocate

Attachment:
Case File
@1;25/1998 16:44 SL5€546192 i? TRH J

DEPARTMENT OF THE AIR FORCE
AR EDUCATION AND TRAINING COMMAND

 

28 January 1998

MEMORANDUM FOR A1 CQ GID: FrSRNIIE 314 TRS

FROM: 314 TRS/CC
SUBJECT: Notification Memorandum—Board Hearing

1. lam recommending your discharge from the United States Air Force for Conduct Prejudicial
to Good Order and Discipline according to AFPD 36-32 and AFI 36-3208, under the provisions
of paragraph 5.50.2. Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reasons for this action are:

a On 3 Dec 97, your enlisted BPR was referred because you were not recommended for
promotion at that time.

b. In June 97, you obtained Privacy Act Information from the orderly room and used that
information on at least threes occasions to obtain phone services under false pretenses. For this
misconduct, you received an Article 15 on 23 January 98.

c. On 25 Apr 97, you were disrespectful to a Senior Aimman. For this misconduct, you
received a Letter of Reprimand on 5 May 97.

d. In March 1997, you used a government phone for long distance personal calls. For
this misconduct, you received an Article 15 on 16 May 97.

e. In Nov 96 and Jan 97, you used your government American Express Card to make
unauthorized cash withdrawals. For this misconduct, you received a Letter of Reprimand on
7 Apr 97.

f. In Jul 96, you used your supervisor’s government phone for a personal telephone
conversation, for which you were verbally counseled on 3 Aug 96 end a Mernorandum for
Record was prepared.

g. From 15 to 17 Jul 96, you were absent without leave from your place of duty. For
this misconduct, you received a Letter of Reprimand on 24 Jul 96.
mofo beso LP. 3e 9156845192 L? TRH C6 Pein be

Pb 22-23 /

h. In June 96, you used government telephones to make personal long distance phone
calls. For this misconduct, you were verbally counseled on 13 Jun 96 and a Memorandum for

Record was prepared.

i. Your misconduct has caused significant degradation of mission effectiveness in the
314 Training Squadron and brings discredit upon you, your unit, and the United States Air Force.

3. This action could result in your separation with an Under Other Than Honorable Conditions
(VOTHC) Discharge. I am recomunending that you receive an Under Other Than Honorable
Conditions (JOTHC) Discharge. The commander exercising SPCM jurisdiction or a higher
authority will make the final decision in this matter. If you are discharged, you will be ineligible
for reenlistment in the Air Force and will probably be denied enlistment in ay component of the

armed forces.

4. You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at 2 board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.

¢. Waive the above rights. You must consult legal counsel before making a decision to
waive any of your nights.

5. You have been scheduled for a medical examination, You must report to the Anny Troop
Medica! Clinic at hrs on

6, Military legal counsel _¢ es has been obtained to assist you. An
appointment has been scheduled i to consult him on at . Instead

of the apnointed counsel, you may have another, if the lawyer you request is in the active
military service and is reasonably available as determined according to AFI 51-201. In addition
to military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, ifemployed, must be

readily available.

 

 

?, Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose lo exercise. The statement must be signed in the presence of your counsel who also will
sign it, If you waive your right to Hearing before an administrative discharge board, you may
submit written statements in your chalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure wi!l constitute a waiver of the right to the board hearing.
. Bea2Q ats PP se FIS56E461 32 Ll? TR cA : PAGE 8+

FD2°02-023/

3. Any personal information you fumish 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.

9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing. —

10. The discharge board or the discharge authority will make the findings and recommendations
required under 10 U.9.C. 2005(g).

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

 

Attachments:

J. Art 15, 28 Jan 98°

2. EPR referral letter, 3 Dec 97

3. Art 15, 16 May 9? .

4, LOR with Attachment, 5 May 97
5. LOR, 7 Apr 97

6. MFR with Response, 3 Aug 96
7. LOR with Response, 24 Jul 96
4S. MFR, 13 Jun 96

9. Amman’s acknowledgment