I 

q 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

GRADE 
*LC 

I 

MEMBER SITTING 

1 

HON 

I 

GEN 

UOTHC 

I  OTHER 

I  DENY 

1 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME O F  
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

H E m G  DATE 

06 Dec 2003 

CASE NUMBER 

FD-2000-0058 

Case heard at Randolph AFB, Texas. 

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

SAFiMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

I 
1 

SECRETARY OF TEE AIR FORCE PERSONh'EL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMhlAND DR.  EE WMG. 3RD FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2000-0058 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

s 

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 and authority for discharge are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 for drinlung under age.  She also received three Letters of Reprimand, two 
Letters  of  Counseling, five Memorandums  for  Record  and  a  Verbal  Counseling  for  various instances  of 
misconduct.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities to  change her  negative  behavior.  The  Board  concluded  the  misconduct  was  a  significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate.  Applicant states that her discharge did not take into account the 
good  things  she  did  while  in  the  service.  The  DRJ3  took  note  of  the  applicant's  duty  performance  as 
documented by her performance reports, letters of recommendation and other accomplishments.  They found 
the  seriousness of the willful  misconduct  offset  any positive  aspects of the  applicant's duty performance. 
The Board concluded the discharge was appropriate for the reasons which were the basis for this case. 
Applicant contends that she should not be penalized indefinitely for a mistake she made when young.  The 
D m  recognized the applicant was 20 years of age (one month shy of turning 21) when the discharge took 
place.  However, there is no evidence she was immature or did not know right from wrong.  The Board 
opined the applicant was older than the vast majority of first-term members who properly adhere to the Air 
Force's  standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was 
appropriate due to the misconduct. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 97/02/24 UP AFI 36-3208, 
para  5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for Hon Disch & 
Change the Reason and Auth for Disch. 

2.  BACKGROUND: 

a. DOB: 76/03/08. Enlmt Age:  18 7/12.  Disch Age: 20 11/12. Educ:  HS DIPL. 

AFQT: N/A  A-83,  E-74,  G-84,  M-50. PAFSC: 3P032 -  Law Enforcement Apprentice. 
DAS: 95/06/08. 

b.  Prior Sv: AFRes  94/10/26 -  95/01/23  (2 months 28 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 95/01/24 for 4 yrs.  Svd: 2 Yrs 1 Mo 1 Das, all AMS. 

b.  Grade Status:  A1C -  96/12/11 

AMN  -  (EPR Indicates) :  95/01/26-96/09/29. 

c.  Time Lost:  none. 

d.  Art  15's:  (1) 96/05/16, Reese AFB, TX -  You did, o/a 20 Apr 96, 

violate V.T.C.A., Alcoholic Beverage Code, Section 
106.04 as follows: in that you were on the said date a 
minor and did then wrongfully consume an alcoholic 
beverage and that such conduct was to the prejudice of 
good order and discipline in the armed forces, in 
violation of the Uniform Code of Military Justice, 
Article 134.  Rdn to AB  (susp ti1 13 Nov  96) .  (No 
appeal) (No mitigation). 

e.  Additional: LOR, 
LOCI 
VBC , 
MFR, 
MFR, 
MFR, 
MFR, 
LOR, 
LOCI 
MFR, 
LOR, 

31 May  95 -  Underage Drinking. 
30 Jul 95 -  Vehicle Accident. 
19 Dec 95 -  Failure to maintain government quarters. 
05 Apr  96 -  Late for work. 
13 Jun 96 -  Failure to get adequate sleep. 
14 Jun 96 -  Missed appointment. 
20 Jun 96 -  Quarters complaint. 
06 Oct 96 -  Dereliction of duty. 
06 Dec 96 -  Late for work. 
15 Dec 96 -  Failure to pick up child from Babysitter. 
16 Dec 96 -  Late for work. 

f.  CM:  none. 

g.  Record of SV: 95/01/26  96/09/29  Reese AFB  3  (Initial) 

(Discharged from Reese AFB) 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (3) Mos  (29) Das 

TAMS:  (2) Yrs  (1) Mos  (1) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/01/03. 

(Change Discharge to Hon &  Change the Reason and Auth for Disch) 

Issue 1:  I was discharged from the military in February 1997, with "General 

g?. c/ 

I have the 

under Honorable Conditions".  I am requesting my discharge be upgraded to 
"Honorable Conditions".  I have since married and am a security officer employed 
by  Pinkerton Security and Investigations.  The reason stated for my discharge 
was  "misconduct". 
I made some poor decisions while in the military due t0-i~~~- 
utmost faith that I have overcome that part of my  life.  Aside  from my poor 
decisions, I was a model airman at Reese Air Force Base.  I was the first airman 
in squadron history to score 100% on all of my Quality Control tests.  I also 
scored 92% on my CDCs.  I was chosen to represent the 64th Security Police 
Squadron at a pilot graduation ceremony where I was recognized by the base 
commander, Colonel -------, for my exemplary work. 
As part of my job as Security Police, it was my duty to issue traffic citations. 
I was very professional and did my  job so well that both civilians and military 
personnel thanked me after given the citations.  I was also recognized for 
writing excellent reports.  Several NCOs and officers called the squadron to 
compliment my professional and outstanding appearance at the installation 
entrance.  I was also recognized for my challenges being above and beyond. 
Incidentally, I was called nsuper-trooper" by many of the NCOs in the squadron. 
I had the highest level of integrity and still carry it in my present life. 
Sirs and/or Ma'ams, I have paid the price for having made poor decisions in my 
life.  It is more rewarding to make the right decision for the first time in 
both private and professional lives. 
Please take my request into serious consideration before making any final 
decisions.  I thank you all tremendously for your time. 

ATCHS 

1. Character Reference. 
2. Letter of Congratulations. 
3. Five Certificates of Training. 
4. Letter of Congratulations. 
5. Two Character References. 

DEPARTMENT OF THE AIR FORCE 

AIR  EWCATlON AND TRAINING COMMAND 

MEMORANDUM FOR 64 FTWICC 

FROM:  64 FTWIJA 

377 D Street Ste 11 
Lubbock TX 79489-502 1 

10 Feb 97 

1.  Basis for Action: Major Perry, 64'  SPSICC, has recommended A~C- 

-Respondentn) 

be discharged under AFI 36-3208, paragraph 5.49, for minor 

disciplinary infractions.  The Commander also recommended that Respondent's discharge 
be characterized as a General discharge.  All of your options are set forth in paragraph 5b 
below. 

2.  Summary of Package: 

a.  Procedural:  Respondent was notified of this action on 23 January 1997. 

Respondent submitted a response on 3 1 January 1997. 

b.  For the Commander:  The notification package chronicles repeated incidents of 
misconduct by the Respondent including reporting late for duty, financial irresponsibility, 
and other similar instances of misconduct. 

c.  For the Respondent:  Respondent denies some of the wrongdoing and offers 
explanations for some of the misconduct.  Respondent concedes in her written response 
that she and the Air Force are no longer compatible and that she wants her discharge to be 
characterized as Honorable. 

3.  Preprocessing Rehabilitation:  Before initiating this discharge action, the Commander 
used the following documented devices: Article 15 to include a suspended reduction of 
grade, two Letters of Reprimand and two Letters of Counseling and at least three verbal 
counselings. 

4.  Errors and Irregularities:  There are no irregularities to be noted in this package. 

5.  Discussion: 

a.  Merits:  Four issues must be considered before acting on  the recommendation of 

the Commander.  The issues for your consideration are: first, is there a basis for discharge: 
second,  is a discharge appropriate in this case; third, if a di~char~e$~~ro~riate 
how 
should it be characterized; and lastly should additional probation and rehabilitation be 
offered.  My  review of the facts leads to the following conclusions upon the merits: 

(1)  The existence of substantial preprocessing rehabilitation and Respondent's 
continuing misconduct over time serve as an adequate basis for discharge as to 
a pattern of misconduct. 

(2)  By a preponderance of the evidence, the evidence is sufficient to merit the 
member's separation pursuant to AFI 36-3208, paragraph 5.49, for minor 
disciplinary infractions.  The Respondent denies some of the incidents of 
misconduct but also accepts responsibility for many of the incidents. 

(3)  Respondent's service may be characterized as either Honorable, General or 
Under Other Than Honorable Conditions ("UOTHC"). 

(a) As to an Honorable discharge for misconduct, the approval of the 
General Courts-Martial Authority ("GCW) is required.  The Respondent's 
conduct does not merit such a discharge. 

(b)  An UOTHC discharge is appropriate in some cases.  Examples of 
conduct that would merit such a characterization are found in 
AFI 36-3208, paragraph 1 .18.3.  The non-exhaustive list includes: 

* The use of force or violence to produce bodily injury or death. 
* Abuse of a special position or trust. 
* Disregard by  a superior of customary superior-subordinate 
relationships. 
* Acts or omissions that endanger the security of the United States. 

The type of misconduct in this case does not rise to the level of seriousness 
contemplated by  the drafters of the administrative discharge instruction. 

(c)  A General discharge, however, is deemed appropriate when 
"significant negative aspects of the airman's conduct or performance of 
duty outweigh positive aspects of the airman's military record." 
AFI 36-3208, paragraph 1.18.2. This most adequately describes the 
conduct in the present case. 

(4)  Under AFI 36-3201, Chapter 7, airmen may, under the right circumstances, be 
offered probation and rehabilitation ("P&R")  when there seems to be a reasonable 

expectation of rehabilitation.  In this case the Respondent's inability and 
unwillingness to conform her behavior despite repeated efforts at rehabilitation 
make her a poor candidate for P&R.  Also, the Respondent's acknowledgment 
that she and the Air Force are no longer compatible fbrther evidence that she 
would be a poor candidate for P&R.  The Commander recommended that the 
Respondent not be offered P&R and I agree with that recommendation. 

b.  Procedural Ootions:  Pursuant to AFI 36-3208, paragraph 5.56, you are the Separation 
Authority and may take one of the following actions: 

(1)  Retain the Respondent if you find all the recommendations lack merit; 

(2)  Direct discharge with a General discharge, with or without additional P&R 
opportunities; 

(3)  Recommend to the GCM Convening Authority to direct discharge with an 
Honorable discharge, with or without additional P&R opportunities; 

(4)  Return the entire package to 64 SPSICC to reinitiate the discharge, to include 
the possibility of an UOTHC; or 

(5) If you feel that this discharge was brought under an inappropriate section of 
AFI 36-3208, you may return this package to 64 SPS/CC and direct reinitiating 
this action under a more appropriate section. 

6.  Recommendation:  I recommend that you discharge the Respondent under the 
provision of paragraph 5.49 without P&R.  I further recommend that you characterize the 
Respondent's discharge as General.  A medical examination to determine whether 
Respondent is qualified for worldwide duty needs to be done before the completion of this 
discharge package. 

concur. 

~ & t

staff ~ u d ~ e  Advocate 

~

 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

23 January 1997 

FROM:  64th SPSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for Misconduct- Minor 
Disciplinary Infractions.  The authority for my  recommendation 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 General. 

2.  My reasons for this action are: 

a.  On or about 27 May 95, while attending training at Fort Dix, NJ, you were found to be  ' 

drinking underage,  resulting in a LOR, dated 3 1 May 95. 

b.  In Jul95, you were involved in a vehicle accident involving two LE sedans, when you 

bumped into the rear of the other sedan, evidenced by a LOC dated 30 Jul95. 

c.  On or about 12 Dec 95, you failed to maintain your government quarters yard, resulting in 

a first citation for yard inspection violations being issued by the Housing Office, 
evidenced by citation dated 12 Dec 95. 

d.  On or about 19 Dec 95, you failed to maintain 

government quarters yard, resulting in 

a second citation for yard inspection violations being issued by the Housing Office, 
evidenced by citation dated 19 Dec 95 and resulting in verbal counseling from Major 

-64 

SPSICC on  19 Dec 95. 

e.  On or about 5 Apr 96, you were late for work, as evidenced by a MFR dated 5 Apr 96. 

.4 

f.  On or about 7 Apr 96, you were late for work, as evidenced by a MFR dated 7 Apr 96. 

g.  On or about 20 Apr  96, you were found to be  drinking underage, resulting in Article  15  , 

punishment dated 16 May 96. 

h.  On or about 13 Jun 96, you did not get adequate sleep before reporting to duty as 

evidenced by MFR dated 13 Jun 96. 

i.  On or about 14 Jun 96, you missed an appointment with the First Sergeant, as evidenced 

by MFR dated 14 Jun 96. 

j.  On or about 20 Jun 96, the Commander had  received an anonymous letter regarding the 
cleaniness of your base quarters.  An inspection was made and your quarters was found to 
be "orderly and fairly clean" as evidenced by, an MFR dated 20 Jun 96. 

k.  On  or  about  6  Oct  96, you  were  derelicted  in  your  duty  to  accomplished the  armory  r 

inventory, resulting in LOR, dated 6 Oct 96. 

1.  On or about 6 Dec 96, you were  late for work, as evidenced  by a LOC dated 6 Dec 96 

A 

m.  On  or  about  15 Dec  96,  you  did  not  pick-up  your  child  from  your  baby-sitter  at  the 

required time, as evidenced by a MFR dated 16 Dec 96. 

n.  On or about 16 Dec 96, you were late for work, resulting in a LOR, dated 17 Dec 96. 

r, 

3.  Copies  of  the  documents to  be  forwarded  to  the  separations 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 United  States 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. 

4.  You have the right to  consult counsel.  Military legal counsel, capt- 
DSN 
681-2915, at Cannon AFB, NM  88103-5137, has been obtained to assist you.  You will need to 
scheduled an appointment to consult  apt 'I' This will be a telephone consult.  Prior to 
this appointment you must FAX your case information.  (DSN 681-7027).  You may request an 
alternate  appointed  counsel,  if  that  lawyer  is  in  the  active military  service and  is  reasonably 
available IAW AFI 5 1-201.  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, if employed, must be readily available. 

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  28 JANUARY  1997, 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 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 64th Medical 
Group, Physical Exams Section, at 0730 hours, on 24 Jan 97 for the examination. 

8.  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  Personnel  Office, this  copy  is also 
available to check-out. 

!@ 

d 

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

Commander, 64th Security Police Squadron 

ceedings, dated 16 May 96 

Attachments 
Attachment 1.  Copy of Notification Memorandum 
Attachment 2.  LOR, dated 3 1 May 95, Major 
Attachment 3.  LOC, dated 30 July 95, SSgt 
Attachment 4.  Ltr, dated 12 Dec 95, First Violation of Yard Inspection, Housing Office 
Attachment 5.  Ltr, dated 19 Dec 95, Second Violation of Yard Inspection, Housing Office 
Attachment 6.  MFR, dated 5 Apr 96, Late for Work, TSg 
Attachment 7.  MFR, dated 7 Apr 96, Late for Work, TSg 
Attachment 8.  AF Form 3070, Record of Nonjudicial Pui 
Attachment 9.  MFR, dated 13 Jun 96, Child Welfare Concern, SSgt- 
Attachment 10. MFR, dated 14 Jun 96, MissedLate Appointment, SSg- 
Attachment 1 1. MFR, dated 20 Jun 96, Chi1 
oncern, SS~- 
Attachment 12. LOR, dated 06 Oct 96, 
Attachment 13. LOC, dated 06 Dec 96, 
Attachment 14. MFR, dated 16 Dec 96, Child Welfare Concern, SSgt 
Attachment 15. LOR, dated 17 Dec 96, SSgt- 
Attachment 16. MFR, undated, Speeding Ticket Received on 12 Dec 95, SSg 
Attachment 17. Ltr of Warning, Second Yard I 
Attachment 18. MFR, dated 22 May 96, SMSg 
Attachment 19. MFR, dated 14 Nov 96, Welfare Concern and Financ 
Attachment 20. MFR, dated 04 Jun 96, Supervisor Expectations, S 
Attachment 2 1. MFR, dated 30 Dec 96, Co 
Attachment 22. MFR, dated 05 Jan 97, T 
Attachment 23. Ltr, dated 23 Aug 95,24- 
Attachment 24. Ltr, dated 10 Oct 95,24-Hour Pass, Majo 
Attachment 25. Certificate of Appreciation, dated May 96, Majo- 

Citation, undated, 64 SPTGICC