AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

AFSN/SSAN

   
 

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

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TYPE
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
[YES | No |
xX
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
x x
Pe x
xX
xX
a x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.05 A67.10 ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

1
2
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE

HEARING DATE CASE NUMBER
4 NOV 02 FD2002-0275 | COUNSEL’S REILEASE TO THE BOARD

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

| TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

APPLICANT’S 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 a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

 

SIGNATURE OF RECORDE a SIGNATURE OF BOARD PRESIDENT

 

 

 

 

iNDGHSEMENG DATE: 4 NOV 02
TO: FROM:
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 1535 COMMAND DR, EF 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 FD02-0275

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.

ISSUE: Applicant contends that her discharge was improper because she paid the debts and states that she
was not AWOL. The record indicates the applicant received three Article 15’s. The first one for being
AWOL, failure to go and failure to pay just debts. The second one for dishonorably failing to pay a just
debt. This Article 15 resulted in a Vacation action, which reduced her to the grade of Airman Basic. The
third Article 15 was for failure to pay just debts. In addition, the applicant received three Letters of
Reprimand and two Letters of Counseling for financial irresponsibility, failure to return to local area after
completion of leave, being late for work on three occasions, and for failure to report back to duty on time.

The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the
discharge.

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
FD2002-0275

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/05/16 UP AFI 36-
3208, para 5.49 (Misconduct = Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 77/07/06. Enimt Age: 19 7/12. Disch Age: 23 10/12. Educ:
HS DIPL. AFQT: N/A. A-55, E-39, G~36, M-20. PAFSC: 28051 - Supply
Journeyman. DAS: 99/11/01.

b, Prior Sv: (1) AFRes 97/03/04 - 97/05/27 (2 Mos 24 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 97/05/28 for 4 yrs. Svd: 3 Yrs 11 Mos 19 Das, all AMS.

b. Grade Status: AB - 00/12/19 (Vacation of Article 15, 01/03/21)
AMN - 00/12/19 (Article 15, 00/12/19)
Alc ~ 98/09/28
AMN - 97/11/28

c. Time Lost: None.

d. Art 15’s: (1) 01/04/03, Davis Monthan AFB, AZ ~ Article 134. You,
being indebted to -~-~--- in the sum of $800.78 for
United States currency, which amount became due and
payable on or about 17 Jan 01, did, from on or about
17 Jan 01 to on or about 6 Mar 01, dishonorably fail
to pay said debt. You, being indebted to ------ , in
the sum of $773.27 for United States currency, which
amount became due and payable on or about 26 Jan 01,
did, from on or about 26 Jan 01 to on or about 6 Mar
01, dishonorably fail to pay said debt. You, being
indebted to «------ , in the sum of $271.75 for a
rental car, which amount became due and payable on 16
Nov 00, did, from on or about 16 Nov 00 to on or about
19 Mar 01, dishonorably fail to pay said debt. Thirty
days restriction. (No appeal) (No mitigation)

(2) 01/03/21, Vacation, Davis Monthan AFB, AZ - Article
134. You, being indebted to ----- in the sum of
$800.78 for United States currency, which amount
became due and payable on or about 17 Jan O01, did,
from on or about 17 Jan 01 to on or about 6 Mar 01,
dishonorably fail to pay said debt. You, being
FD2002-0275

indebted to ------ in the sum of $773.27 for United
States currency, which amount became due and payable
on or about 26 Jan 01, did, on or about 26 Jan 01 to
on or about 6 Mar 01, dishonorably fail to pay said
debt. Reduced to the grade of AB. (No appeal) (No
mitigation)

(3) 00/12/19, Davis Monthan AFB, AZ - Article 86. You
did, on or about 4 Nov 00, without authority, absent
yourself from your organization, and did remain so
absent until on or about 6 Nov 00. Article 92. You,
having knowledge of a lawful order issued by Master
Sergeant -<+--+<-+- to report to the First Sergeant's
office at 1200 hours on 15 Nov 00, an order which it
was your duty to obey, did, on or about 15 Nov 00,
fail to obey the same by wrongfully failing to report
to the First Sergeant's office. Article 134. You,
being indebted to ------ in the sum of $401.83 for
rental furniture, which amount became due and payable
on 4 Nov 00, dishonorably fail to pay said debt. You,
being indebted to -<--==+++ in the sum of $271.75 for a
rental car, which amount became due and payable on 16
Nov 00, did, from on or about 16 Nov 00 to on or about
28 Nov 00, dishonorably fail to pay said debt.
Reduction to AMN, suspended reduction to the grade of
AB, and a reprimand. (No appeal) (No mitigation)

@e. Additional: LOR, 30 AUG 00 - Financial irresponsiblity.
LOR, 30 AUG 00 - Failure to return to local area after
completion of leave.
LOR, 10 JUL 00 - Late for work on two occasions.
LOC, 27 JUN 00 - Failure to report back to duty on time.
LOC, 12 JUN 00 - Late for work.
£. CM: None.

g. Record of SV: 97/05/28 - 99/01/27 Ramstein AB 2 (Initial) REF
99/01/28 - 99/08/20 Ramstein AB 3 (CRO) REF
99/08/21 - 00/08/20 Davis Monthan AFB 3 (Annual) REF
(Discharged from Davis Monthan AFB)
h. Awards & Decs: AFYTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (4) Yrs (2) Mos (13) Das
TAMS: (3) Yrs (11) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/18.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF
FD2002-0275

ATCH

1. Applicant's Issues.

2. College Admission Letter.

3. Dismisal of Case by Pima County Court.
4. UTMB Phone Statement.

02/10/04/cr
Po Ze02- 275

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 355TH WING (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

MEMORANDUM FOR 355 WG/CC MAY 1 4 2001

FROM: 355 WG/JA

 

355 SUPS, is legally sufficient to separate her with a general discharge for misconduct, contingent
upon inclusion of a medical report clearing her for separation. The authority for this action is
AFPD 36-32 and AFI 36-3208, para. 5.49.

 

2. FACTS: On 2 May 01, 355 SUPS/CC¥ ; | ME} notified the
respondent he was recommending her discharge from the Air Force for misconduct, pursuant to
AFPD 36-32 and AFI 36-3208, para. 5.49. The specific basis for the discharge is minor
disciplinary infractions’ as roc nmnence lillies c given an under
honorable conditions (general) discharge without suspension for probation and rehabilitation

(P & R). The respondent is not entitled to a board hearing. On 2 May 01, the respondent
acknowledged receipt of the notification memorandum. After consulting counsel, on 10 May 01,
the respondent submitted statements on her behalf.

 

3. SUMMARY OF EVIDENCE FOR THE GOVERNMENT: The basis for this discharge
action is the respondent’s minor disciplinary infractions: (Tab 1):

a. On or about 12 Jun 00, the respondent failed to go at the time prescribed to her
appointed place of duty. As a result, she received a Letter of Counseling (LOC).

b. On or about 26 Jun 00, the respondent failed to return to duty after attending a class
and a personal appointment. As a result, she received an LOC,

c. On or about 7 and 10 Jul 00, the respondent failed to go at the time prescribed to her
appointed place of duty. As a result, she received a Letter of Reprimand (LOR).

d. On or about 19 Aug 00, the respondent failed to return to the local area at the end of
her leave and remained absent until 25 Aug 00. Asa result, she received an LOR, she was placed
on the control roster, and an Unfavorable Information File (UIF) was established.

e. On or about 20 Aug 00, the respondent dishonorably failed to pay her debt to Rent-A-
Center, As a result, she received an LOR and an entry was made in her existing UIF.

This legal opinion is privileged and is provided for command use only, It should not be
released to the public in general or to the subject of this review in particular.
PD 2004-0275

f. On or about 4 Nov 00, the respondent absented herself, without authority, from her
organization and remained absent uptil on | ut 6 Nov 00. On or about 15 Nov 00, she failed
to obey a lawful order issuqgijjiiiilaamaaiaae See From on or about 4 Nov 00 to on or
about 28 Nov 00, she dishonorably failed to pay a debt to Rent-A-Center. From on or about
16 Nov 00 to on or about 28 Nov 00, she failed to pay a debt to Enterprise Rent-A-Car. Asa
result, she received punishment under Article 15 of the UCMJ and an entry was made in her
existing UIF.

  
 

g. From on or about 17 Jan 01 to on or about 6 Mar 01, the respondent dishonorably
failed to pay a debt to Bank of America, From on or about 26 Jan 01 to on or about 6 Mar 01,
she dishonorably failed to pay a different debt to Bank of America. As a result, she received
vacation of suspended nonjudicial punishment, punishment under Article 15 of the UCMYJ, and an

entry was-made in her existing UIF.

4, SUMMARY OF EVIDENCE FOR THE RESPONDENT: The respondent is a 23-year old
airman, who originally enlisted on 28 May 97, She was assigned to her present unit on 1 Nov 99.
Her AQE scores are A-55, E-39, G-36, M-20. She has three referral enlisted performance reports
with overall ratings of three, three and two. The respondent is entitled to wear the Air Force
Outstanding Unit Award, Air Force Good Conduct Ribbon, Air Force Overseas Long Ribbon and
the Air Force Training Ribbon. In the respondent’s more recent enlisted performance report, she
was praised for “delivering responsive mobility support for the wing’s real-world contingencies
and AEF deployments.” After consulting counsel, the respondent submitted a statement on her
behalf and five character references. In her statement, she asks that she be allowed to complete
her term of enlistment, which ends on 27 May 01, so she can separate with an honorable
characterization. Alternatively, if this discharge action is approved, the respondent asks that she
be separated with an honorable characterization.

5. DISCUSSION: You may consider this legal review, the commander’s recommendation
memorandum, and the documents contained in Tab 1 to decide if there is a basis for discharge.

If you determine there is a basis for discharge, you may consider all documentation reflecting the
respondent’s entire military career to determine if she should be discharged. As the respondent is
a first-term airman, you may consider all documents reflecting her entire military career to
determine the characterization of her service.

a. The record in this case contains sufficient evidence on which to support this discharge
action under AFPD 36-32 and AFI 36-3208, paragraph 5.49. The respondent has committed
several disciplinary infractions, including dishonorable failure to pay just debts, failure to obey
order, and repeated instances of absence without leave.

b. The record in this case also supports a general discharge. In accordance with AFI 36-3208,
para. 1.18.2, a general discharge is warranted when an airman’s service has been honest and
faithful, but when significant negative aspects of her conduct or performance of duty outweigh the
positive aspects of her military record. In this case, the respondent’s military service, as

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
FOL COR- 0279

evidenced by her disciplinary record and three referral enlisted performance reports, has been
substandard. Her repeated instances of misconduct significantly outweigh her positive
contributions. In her response to this action, the respondent asks to be allowed to complete her
enlistment, or to be discharged with an honorable service characterization. AFI 36-3208, para.
1.18.1, provides an honorable characterization is appropriate when “the quality of the airman’s
service generally has met Air Force standards of acceptable conduct and performance of duty or
when a member’s service is otherwise so meritorious that any other characterization would be
inappropriate.” In asking for an honorable discharge, the respondent admits she has had “some
recent problems” with her financial situation, but maintains many of the disciplinary actions taken
against her were unjustified. The fact remains, however, the respondent’s problems have been
longstanding. As her first EPR shows, her record of failure to go and financial irresponsibility
dates back to 1999, Further, the respondent has not accepted responsibility for her misconduct.
She suggests, for example, Rent-A-Center somehow is at fault for her problems and,
consequently, she is taking the business to court. Actually, as the court records the respondent
provided show, Rent-A-Center is taking Her to court, and not vice versa. After considering his
options aie as recommended an under honorable conditions (general)
characterization. The respondent’s service does not warrant an honorable characterization.

 

c. Ido not recommend probation and rehabilitation aq failure to respond to
rehabilitative efforts in the past after receiving reprimands on several occasions and nonjudicial
punishment demonstrates a lack of rehabilitative potential. She has not requested probation and
rehabilitation. The squadron commander does not recommend suspension of the discharge for
P&R. The best interests of the Air Force are served by her discharge without P&R.

6. OPTIONS: In accordance with AFI-36-3208, para 5.49, you may, as the Special Court-
Martial Convening Authority:

a. Direct ied: retained, if you consider the discharge unwarranted;

b. Forward the file to 12 AF/CC witha recommendatior aiaiaiaity’ discharged
with an honorable characterization, with or without probation and rehabilitation;

C, Direct c discharged with an under honorable conditions (general)
characterization, with or without probation and rehabilitation; or

d. Direct discharge action be reinitiated if an under other than honorable conditions
(UOTHC) discharge is warranted.

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
FD 2602-0275

7. RECOMMENDATION: The respondent should be separated under AFI-36-3208, para.
5.49, with an under honorable conditions (general) service characterization, without the offer of
probation and rehabilitation. A proposed memorandum for your signature is attached.

 

Attachments:
1. Case File
2. Proposed 355 WG/CC Memorandum

 

This legal opinion is privileged and is provided for command use only. It should not be
released to the public in general or to the subject of this review in particular.
PD 20e02- 0275

DEPARTMENT OF THE AIR FORCE
a 355TH SUPPLY SQUADRON (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

MAY 0 2 2001

 

MEMORANDUM FOR

 

FROM: 355 SUPS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct,
specifically minor disciplinary infractions. The authority for this action is AFPD 36-32 and
AFI 36-3208, paragraph 5.49. Ifmy recommendation is approved, your service may be
characterized as honorable or under honorable conditions (general). I am recommending your
service be characterized as general.

2. My reasons for this action are:

™~
a

a. On or about 12 Jun 00, you failed to go at the time prescribed to your appointed place
of duty. As a result, you received a Letter of Counseling (LOC) (Tab A).

b. On or about 26 Jun 00, you failed to report back to duty after attending a class and a
personal appointment. As a result, you received an LOC (Tab B).

c. On or about 7 and 10 Jul 00, you failed to go at the time prescribed to your appointed
place of duty. As a result, you received a Letter of Reprimand (LOR) (Tab C).

d, On or about 19 Aug 00, you failed to return to the local area at the end of your leave
and remained absent until 25 Aug 00. As a result, you received an LOR, you were placed on the
control roster, and an Unfavorable Information File (UIF) was established (Tab D).

e. On or about 20 Aug 00, you dishonorably failed to pay your debt to Rent-A-Center.
As a result, you received an LOR and an entry was made in your existing UIF (Tab E).

f. On or about 4 Nov 00, you absented yourself, without authority, from your
organization and remained absent until on or about 6 Nov 00. On or about 15 Nov 00, you failed
to obey a lawful order issued bya Rte From on or about 4 Nov 00 to on or
about 28 Nov 00, you dishonorably failed to pay a debt to Rent-A-Center. From on or about 16
Nov 00 to on or about 20 Nov 00, you failed to pay a debt to Enterprise Rent-A-Car. As a result,

you received punishment under Article 15 of the UCMJ and an entry was made in your existing
UIF (Tab F).

 

Global Pp ower doe _Amavicn
” FPO262~d275°

g. From on or about 17 Jan 01 to on or about 6 Mar 01, you dishonorably failed to pay a
debt to Bank of America. From on or about 26 Jan 01 to on or about 6 Mar 01, you dishonorably
failed to pay a different debt to Bank of America. As a result, you received vacation of
suspended nonjudicial punishment, punishment under Article 15 of the UCMJ, and an entry was
made in your existing UIF (Tab G).

h. From on or about 16 Nov 00 to on or about 19 Mar 01, you dishonorably failed to pay
a debt to Enterprise Rent-A-Car. As a result of this offense and the two offenses listed above at
paragraph 2g, you received punishment under Article 15 of the UCMJ and an entry was made in
your existing UIF (Tab H).

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 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 and will probably be denied enlistment in any component of the
armed forces and any special pay, bonus, or education assistance funds may be subject to
recoupment.

 

4. You have the right to consult counsel. The Area Defense Counselgjqqaa A iiiie Bldg
3510, DSN 228-5664, has been obtained to assist you. An appointment has been scheduled for

you to consult with the ADC on 3qneyo), at \4OO hours. In addition to military counsel, you
have the right to employ 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 7M unless you request and receive an
extension for good cause shown. I will send them to thé 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. You have been scheduled for a medical examination. You must report to the Physical Exams

Office of the Aeromedical Facility, Bldg 400, Rm 163, at {I we ,on 3ma4es _, for the
examination.

 

8. You have been scheduled for an initial outprocessing briefing. You must report to the
Military Personnel Flight (MPF), Separations Element, Bldg 3200, Rm 20, at {Qa® “on
Z we sl for the briefing. If you have questions, please call 228-5366.

9. 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 at the Area Defense Counsel’s office,
Bldg 3510.
1 | - Py 2002~ 6275

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

 

Attachments:

1. Supporting Documents
a. LOC, 12 Jun 00 w/MFR
b, LOC, 27 Jun 00 w/MFR oo
c. LOR, 10 Jul 00 w/MFR
d. AF Form 1058, UIF Action; AF Form 1137, UIF (2 pages); LOR, 30 Aug 00 (2 pages)
w/Response (2 pages)
e. AF Form 1058, UIF Action; AF Form 1137, UIF (2 pages); LOR, 30 Aug 00 (2 pages)
w/Response ‘
f. AF Form 1137, UIF (2 pages); Art 15, 19 Dec 00 (3 pages) w/Response and Evidence *
(21 pages)
g. AF Form 1137, UIF (2 pages); AF Form 366, 21 Mar 01 (3 pages) w/Evidence (14 pages);
Art 15, 3 Apr 01 (3 pages)
h. AF Form 1137, UIF (2 pages); Art 15, 3 Apr 01 (3 pages) w/Response and Evidence
(16 pages)

2, Airman's Receipt of Notification Memorandum