AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

ne,

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

GRADE

AMN

 

 

TYPE
GEN

PERSONAL APPEARANCE

 

X RECORD REVIEW

 

2] NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

MEMBERS SITTING

  

VOTE OF THE ROAREE A 7

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ISSUES INDEX NUMBER
A93.01, A92.21 A67.10
HEARING DATE CASE NUMBER

02-12-18 FD2002-0283

 

BRIEF OF PERSONNEL FILE

 

 

1
2 |
3 | LETTER OF NOTIFICATION
4 |
|

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 
 

 

 

 

 

 

 

 

RKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

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

 

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

SIGNATURE OF BOARD PRESIDEN

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

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

1535 COMMAND DR, EE WING, 3°? FLOOR

ANDREWS AFB, MD 20762-7002

 

 

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp7002-0283

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

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

Issues. Applicant was discharged for minor disciplinary infractions. She had three Letters of Counseling,
five Letters of Reprimand, an Unfavorable Information File, and was placed on the control roster. Her
misconduct included seven instances of failure to report to work or to report on time over a 10-month
period, and sleeping on post. At the time of the discharge, member consulted counsel and waived her right
to submit statements in her own behalf. Member now notes she was young, immature, and inexperienced
when in the Air Force, and regrets not fulfilling her commitment. The Board noted however that member
was the same age as other airmen who had adhered to the standards when her misconduct occurred, and she
knew right from wrong. She was counseled in an effort to help her correct her deficiencies and had several
opportunities to improve her behavior. She failed to respond to those rehabilitative efforts. She was
responsible for her actions, and therefore held accountable for them. No inequity or impropriety was found
in this discharge in the course of the records review.

The applicant cited her recent service in the Missouri Army National Guard, and her desire to transition to
the Illinois Air National Guard. While the Board commends applicant on her desire and post-service
achievements and service, 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.

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
FD2002-0283

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

we (Former AMN) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/10/04 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge and to Change the Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 76/11/25. Enlmt Age: 17 2/12. Disch Age: 18 10/12. Educ: HS DIPL.
AFOT: N/A. A-74, E-56, G-52, M-52. PAFSC: 3P031 - Security Apprentice.
DAS: 94/10/08.

b. Prior Sv: (1) AFRes 94/02/02 - 94/04/28 (2 months 27 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 94/04/29 for 4 yrs. Svd: 01 Yrs 05 Mo 06 Das, all AMS.
b. Grade Status: AMN - 94/10/29.
c. Time Lost: None.
d. Art 15’s: None.
e. Additional: LOR, 06 AUG 95 - Late for duty.
LOC, 06 AUG 95 - Failure to go.
LOR, 19 JUN 95 - Failure to go.
LOR, 08 JUN 95 - Failure to go.
LOR, 07 APR 95 - Failure to go.
LOR, 19 MAR 95 - Late for guard mount.

LOC, 24 FEB 95 - Sleeping while posted as a security-nine.
LOC, 01 NOV 94 - Failure to go.

£. CM: None.
g. Record of SV: None.

(Discharged from Wright-Patterson AFB)
h. Awards & Decs: AFTR, NDSM.

i. Stmt of Sv: TMS: (01) Yr (08) Mos (03) Das
TAMS: (01) Yr (05) Mos (06) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/27.
(Change Discharge to Honorable and Change the Reason and Authority for
FD2002-0283
Discharge)

Issue 1: The misconduct during my first enlistment at 17 years of age was
due to inexperience and immaturity. I have had time to grow and gain experience
in adulthood. I deeply regret not fulfilling my first commitment or enlistment
term with an Honorable discharge. That's one of the reasons I re-enlisted in
July 2001. I also would like to transfer from the MO Army National Guard to the
I Air Guard. I request the Board to upgrade my reentry code and my General
Discharge to a Honorable Discharge. Thank you.

ATCH
1. Three Letters of Reference.

02/10/09/ia
Fv 200Z~ OR 8&3

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS, 88TH AIR BASE WING (AFMC)
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

27 SEP 1995

MEMORANDUM FOR 8 /CD
88 ABW/CV

FROM: 88 ABW/JA (Mrsi

 

SUBJ: Administrative Discharge of (iii

1. The attached AFI 36-3208 discharge action On ciara:
417-04-8231, under paragraph 5.49, Section H has been reviewed and folind
to be legally sufficient. ~

2. The 88 SPS Commander, ANNAN. 32 ttates discharge
action recommending that Al-___gabe discharged under AFI 36-3208,
Chapter 5, Section H, paragraph 5.49, Misconduct - Minor Disciplinary
Infractions with a general discharge.

 

3. Evidence for the Government: Documentary evidence of all the
incidents listed above are contained in the file at tab 1.

4. Evidence for the Respondent: Respondent consulted counsel and did
not submit a statement and other material for consideration at tab 3.

5. Options of the Separation Authority: You may direct retention of

respondent, or direct the separation of respondent with an honorable or
general discharge with or without Probation & Rehabilitation (P&R).

6. Recommendation: JI recommend you separate SE RGR 65 cb a general
discharge without P&R.
[Fv 2402- 2285

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS, 88TH AIR BASE WING (AFMC) .
WRIGHT-PATTERSON AIR FORCE BASE, OHIO

 

SEP 19 1995

FROM: 88 SPS/CC

SUBJECT: Notification Memorandum

I am recommending your discharge from the United States Air Force
for Misconduct - Minor Disciplinary Infractions. The authority for this
action is APPD 36-32 and AFI 36-3208, paragraph 5.49. If my
recommendation is approved, your service will be characterized as
honerable or general. I am recommending that your service be
characterized as general (under honorable conditions).

My reasons for this action. are: Despite numerous counseling
sessions you continually fail to report to work on time. You do not
demonstrate the military bearing and discipline to be successful in the
USAF.

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 he
discharged or retained in the Air Force. If you are discharged, you
will be ineligible for reenlistment in the Air Force, and any special
pay, bonus, or education assistance funds may be subject to recoupment.

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 —iemee.at the Area Defense Counsel’s office, Building 30,
Area C, Wright-Patterson AFB OH, Telephone 77841 on 20 Sep 95 at 0900.
You may consult civilian counsel at your own expense.

You have the right to submit statements in your own behalf. Any
statements you want the separation authority to consider must reach me
by 22 Sep 95 unless you request and receive an extension for good cause
shown. I will send them to the separation authority.

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.

You have been scheduled for a medical examination. You must report
to 74 Medical Group, Aerospace Medicine, Building 830, Wright-Patterson
AFB OH at 0800 on 25 Sep 95 for the examination.
| fp 2002- OAS

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 orderly room.

   
   

iB . fed

on USAF
Commander

1. Nonrecommendation for Prom ltr, 26Ju195
2. AFFm 1364

3. LOR/UIF, 19J3un95

4. UIF/LOR, 8dun95

5. LOR, 6Aug95

6. Loc, 6Aug95

7. LOR, 7Apr95

8. LOR, 19Mar95

9. LOC, 24¥Feb95

10. LOC, on or about 1Nov94