AIR FORCE DISCHAFtGE REVIEW BOARD HEARING RECORD 

I 

I  G W E  

AMN 

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--------------- 

I  RECORDREVIEW 

+ 

I 

I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
....-.-..-.-....-.-....~..~ 

c.-.-....-.-....-.--------: 
TYPE GEN 

1 x  I '  PERSONAL APPEARANCE 

MEMBER SITTING 

INDEX NUMBER 

1  ORDER APPOMTTNG THE BOARD 

3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FEE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL APPERANCE 

HEARING DATE 
04 Dee 2003 

W E  NUMBER 

Case heard at Randolph AFB, Texas 

+ Change reason and authority to Secretarial Authority. 

Advise applicant of the decision of the Board and the right to appeal to the AFBCMR. 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78 150-4742 

PROM: 

SECRETARY OF W AIR FORCE PERSONNEL COUNCIL 
AIR FOR(31. DISCBARGE REVIEW BOARD 
1 W COMMAND D 4  EE WMC, 3RD FLOOR 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2002-0208 

GENERAL:  The applicant appeals for  upgrade of  discharge to  Honorable and to change the  reason  of 
discharge to Personality Disorder.  The RE Code remains unchanged. 

The applicant appeared before the Discharge Review Board (DRB) at Randolph AFB, Texas on 4 December 
2003.  The applicant's father, Br. : --- --- ...-..-..-.-., 
--- --- -- j appeared as a witness on behalf of the applicant.  The 
applicant was also represented by Mr. :- - -. -. . -. -. . - pf the Texas Veterans Commission. 

I - - - - - - - - - - - - - - - - - - - - - - -  

--- -- 

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  for  Discharge  are  approved.  Change  of 
reenlistment code is denied. 

ISSUE:  The  applicant  received  a  General  (under  Honorable  conditions)  discharge  for  a  Personality 
Disorder and a Pattern of Misconduct, consisting of conduct prejudicial to good order and discipline.  The 
applicant's principal issue is she feels she should have received an Honorable discharge and that the reason 
for her discharge should have been onIy for her medical diagnosis.  There is evidence of record the applicant 
was  first  referred  for  a  mental  health  evaluation  on  19  June  1990,  for  "numerous  problems  in  the 
workplace",  following which  she was diagnosed  with  a  Personality Disorder.  The recommendation was 
made  by  the  mental  health  provider  to  permanently  disqualify  the  applicant  from  the  Sensitive Duties 
Program. 
She  was  subsequently  reassigned  to  a  different  organization,  but  continued  to  encounter 
occupational problems primarily involving interpersonal relationships with her supervisors and peers.  The 
two key incidents which resulted in the member's  administrative discharge were her inappropriate remarks 
made to a group of recruits walking along a sidewalk and the act of passing around two photographs of an 
officer within  her  supervisory chain,  one with  a  sullen look  and  the other with  a  grin,  which  evoked  a 
humorous response by her coworkers.  As a result she was once again referred for a mental health evaluation 
and  again was diagnosed with a Personality Disorder.  The Board agreed the aforementioned episodes of 
misconduct  were  inappropriate,  but  opined  the  applicant's  underlying  Personality  Disorder  bears  a 
significant causal relationship with  her  misconduct.  The Board  noted  the  applicant's  previous command 
authorities elected to  retain the applicant  and  approve her reassignment to  another organization with  full 
knowledge of  the  existence of  a  mental  disorder, deemed possibly  unsuited  for  further military  service. 
Therefore,  the  Board  concluded  the  applicant  should  have  been  discharged  instead  for  her  Personality 
Disorder. 

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. 

However,  in  view  of  the  foregoing  findings,  the  Board  fUrther  concludes  that  the  overall  quality  of 
applicant's  service is more  accurately reflected by  an  Honorable  discharge  and  that  the  reason  for  her 
discharge should be changed to Personality Disorder. 

Attachment: 
Examiner's  Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

A I R   FORCE  DISCHARGE  REVIEW BOARD 

ANDRBWS  AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER  UNDER  REVIEW:  Appl recrd a GEN Disch fr USAF 92/05/29 UP AFR 39-10, 
para 5.11(i) &  5-47(b) (Personality Disorder and Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 71/06/18.  Enlmt Age: 18 1/12.  Disch Age: 20 11/12. Educ:HS DIPL. 

AFQT: N/A.  A-86,  E-43,  G-62,  M-15. PAFSC: 73250 -  Personnel Specialist. 
DAS: 91/12/12. 

b.  Prior Sv: (1) AFRes 89/08/08 -  89/08/29 (22 days) (Inactive). 

3 .   SERVICE  UNDER  RATIEW: 

a.  Enlisted as AB 89/08/30 for 4 yrs. Svd: 02 Yrs 09 MO 00 Das, all AMS. 
b.  Grade Status:  AMN  -  92/04/20 (Article 15, 92/04/20) 

A1C -  91/03/02 
AMN -  90/02/28 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 92/04/20, Randolph AFB, TX -  Article 89 -  You, on or 
about 02 Apr 92, behave yourself with disrespect toward 
Captain ------- , your superior commissioned officer, 
then known by you to be your superior commissioned 
officer by removing copies of his official photograph 
from his personnel records and writing on the 
photograph in which he had a solemn expreseion 
"before", and writing on the photograph of him with a 
smiling expression "after crack took over" and 
delivering said photos to CMSgt - - - - -   in an envolope 
marked Ifopen for a good laugh."  Article 134.  You, on 
or about 02 Apr 92, willfully and wrongfully disclosed 
information from official Air Force records subject to 
the Privacy Act, 5 U.S.C. 552a and Air Force regulation 
12-35, to wit: the Social Security Number of Captain -- 
---- , to a person not entitled to receive it and that 
you had access to this information by virtue of your 
official position and that at the time you disclosed 
said information you knew that the disclosure of the 
information was prohibited by the Privacy Act and Air 
Force regulation 12-35 and that your conduct was 
prejudicial to the maintenance of good order and 
discpline in the Armed Forces.  Reduction to Amn. 

J 

(No appeal) (No mitigation) 

e.  Additional: LOR/UIF, 12 FEB 92 -  Harassing a group of trainees. 
f.  CM:  none. 
g.  Record of SV: 89/08/30 -  91/04/29  Randolph AFB  3  (Initial) 

91/03/30 -  91/12/12  Randolph AFB  3  (CRO) 

(Discharged from Randolph AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (02) Yrs  (09) Mos  (22) Das 
TAMS:  (02) Yrs (00) Mos  (09) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/05/07. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
none. 

REPLY TO 
ATTN OF: 

SUBJECT. 

- 

DEPARTMENT OF THE  AIR  FORCE 
RANDOLPH AIR  FORCE BASE T X   7& 1 50-5000 

HEADQUARTERS 1 2 M  FLYIffi,TRAINL.YG  W I N G  (Arc) 

----------- 

....................... 

18 May 92 

Legal Review, AFR 39-10 Discharge, Amn i .-......-.-......----- 

I 

1.  We have reviewed the attached discharge file concerning Amn! 
find it  legal ly sufficient to support discharge.  This dischargemattion was 
initiated under AFR 39-10, chapter 5, paragraph 5-lli for a personality 
disorder and paragraph 5-4?bmfoy--q pattern of misconduct prejudicial to good 
order and discipline.  Amn: 
discharge and does not recoiiiend-probation and rehab; l itation.  The 
recommendation for discharge is based upon information contained in paragraph 
2 of the Letter of Notification and the supporting documentation.  The basis 
is summarized as follows: 

: squadron commander recommends a general 

--------- 

' and 

a.  She was diagnosed as having a chronic personality disorder that is severe 
enough to impair her ability to function in the military environment as 
evidenced by a mental health report dated 9 Apr 92. 

She, on or about 2 Apri 1  1992, at or near Raq&j~h-Ajr.or-~s, Base, Texas, 
b. 
behaved herself with disrespect toward Captain: ........................  :, her superior 
commissioned officer, then known by  her to be her superior comnissioned 
officer by removing copies of his official photograph from his personnel 
'records  and writing on the photograph in which he had  a solemn expression 
"before", and writing on the photograph of him with a smi 1 ing-eppression 
"after crack took over" and delivering said photos to CMSgt i-----;  in an 
envelope marked "open for a good laugh" as evidenced by an Article 15 dated 20 
Apr 92. 

c.  She, on or about 2 April  1992, at or near Randolph Air Force Base, Texas, 
wi 1 lfully and wrongfully disclosed information from official Air Force records 
552a and .--------------------- 
subject to the Privacy Act,  5 U.S.C. 
12-35, to 
to a person not 
wit:  the Social Security Number of Captain : 
entitled to receive it and that she had ac~ii.-t.d-thfi--in~~?$ation by virtue 
of her official position and that at the tillre  she disclosed said  information 
she knew that the disclosure of the information was prohibited by the Privac 
Act and Air Force regulation 12-35 and that her conduct was prejudicial to t le 

maintenance of good order and discipline in the Armed Forces as evidenced by r 

Air Force regulation 

-- 

an Article 15 dated 20 Apr 92. 

d.  She, on or about 21 Jan 92, at Lackland AFB, TX  harassed a group of Air 
Force basic trainees by driving close to them and splashing water on them and 
telling them "Don't  look at me, I'm  a TIm or words to that effect as evidenced 
by an AF Form 1569 dated 21 Jan 92 and a LORjUIF entry dated 12 Feb 92. 

AIR  FORCE-A  GREAT  WAY  OF  LIFE 

3.  The respondent is 21 years old, and enlisted on 30 Aug 89.  Her two EPRs 
are rated overall at 3 and  3.  The respondent has submitted statements for 
your consideration. 

4.  The respondent's  squadron commander does not recommend probation and 
rehabi 1 itat ion (P&R). 
In his recommendation letter the commander states that 
the medical authorities have determined that separation is in best  interest of 
Amn  Franks and the Air Force. 

5.  As the SPCM convening authority, you may: 

a.  Direct retention; or 

b,  Direct separation with a general discharge, with or without P&R;  or 

c.  Recommend to LTCICC that the respondent be  separated with' an 

honorable discharge; or,  . 

d.  Return this package to the squadron commander and direct that it be 
processed as a board hearing case to recommend an under other than honorable 
conditions discharge. 

6.  I recommend that you direct separation with a general discharge without 
P&R.  A preponderance of the evidence in this file supports this 
recomnendat ion.  The respondent s record does not merit an honorable discharge 
and her~ersonal it1 disorder weighs-against offering P&R. 
,-..-.-..-.. -..-.-..-.-.. ...-..-.-..-....-. 

'-.-..-.-.-..-.-..-.--------------------------------' 
Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 
RANDOLPH AIR FORCE BASE fX  78 I d0-?1000 

12TH MISSION SUPPORT SOYAD- 

(ATC) 

REPLY TO 
ATTN OF: 

cc 

SUBJECT: 

Notification  Letter 

3 0  APR  1992 

Amn Pamela P. Franks ,  FR : -.-.-.-.-.-.-.-.-. 

I - - - - - - - - - - - - - - - - - -  

:, 12 MSSQ 

To: 

I  am recommending  your discharge  from  the United  state^  Air 
1. 
Force  for a personality  di~order and  a pattern  of  misconduct, 
consisting  of  conduct  prejudicial  to good  order and discipline. 
The authority  for this action i.a  AFR 39-10, paragraphs  5-1l(i? and 
If  my  recomnendation is  approved, your service will be 
5-47(b). 
characterized 
(under  honorable 
conditions).  I am reconunending that your service. be characterized 
as general. 

or general 

honorable 

a~ 

2.  My  reasons for this action are: 

a. 

You  were diagnosed 

as having  a  chronic  personality 
disorder  that is severe enough to impair your ability  to function 
in  the military environment ae evidenced by  a mental health report 
dated 9 Apr  9 2 .  

t.  You did, on or about 2 April  1 8 9 2 ,   at or near Randolph Air 
Force  Bage  Texae  behave youreelf with disrespect toward captain 
,.-.-.-.-..........-,----------- 
:  your superior commiesioned officer ,  then known 
C..................-.-.-.-.-.." 
by  you to be your superior commissioned officer by removing copies 
of  his official photograph  from his personnel records and writing 
on  the photograph  in  which he had a solemn  expression  'before', 
and  writing on the  photograph  of  him with a smiling  expreseion 
'after  crack took over'  and delivering  said photos  to CMSgt:------i 
in  an envelope marked  "open for  a good laugh' as evidenced by an 
Article  13 dated 20 Apr  9 2 .  

I - - - - - - -  

c. 

You, on or  about 2 April  1992, at or near  Randolph Air 
Force  Base, Texas, willfully and wrongfully disclosed  information 
from  official  Air Force records  subject  to the Privacy  Act, 5 
U.S.C.  552a and Air Force  RegfilfiaJ,n--l2:-35 ,---- wit:  the Social 
:,  to  a person not 
Security  Number  of Captain  : 
entitled  to receive it and  that you had access to this information 
by  virtue of your official position and that at the time you 
disclosed  said information  you  knew that the disclosure  of  the 
by  the  Privacy Act  and Air  Force 
information  was  prohibited 
Regulation  12-38  and that  your conduct  was prejudicial  to the 
maintenance  of  good order  and discipline  in  the Armed Forces as 
evidenced by an Article  15 dated 20 Apr  92. 

C . - . - . - . - . - . - . - . - . - - - - - - - - - - - - .  

d .  

You, on or about  21 Jan 9 2 ,   at Lackland  Air  Force Base, 
Texas,  .harassed  a group of  Air  Force Basic trainees  by driving 
close  to them and splashing water on them and telling them 'Don't 

AIR  FORCE-A  GREAT WAY  OF  LIFE 

look  at me, I'm a TI'  or words  to  that effect as evidenced  by  an 
AF  Form  1569  dated 21 Jan 92 and s LOR/UIF entry dated  12 Feb 92. 

the  documents  to  be  forwarded 

Copies  of 
to the  separation 
authority  in support  of  this recommendation  are  attached.  The 
commander  exeI3cising SPCM l urisdict ion or a higher authority wi 11 
decide whether you will  be diecharged  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. 

3.  You have the right to consult counsel.  Military  legal counsel 
I have niadq-ag-appointment for 
has  been obtained  to assigt you. 
you  to consult the Area Defenee Counsel, Capt : ---------- :,  at Bldg 390 
on  1 May 82 at  1030.  You may  consult civilian counsel at your own 
expense. 

4.  You have the right  to submit statements  in your own behalf. 
Any  statements you want  the separation authority to consider must 
reach  me  by  5 May  92, unless you request and receive an extension 
fop 
I will  send  them  to the  separation 
authority . 

good  cauae  shown. 

5.  If you fail to consult courtgel or to submit statements in your 
own behalf, your failure will constitute a waiver of  your right to 
do 80. 

6 .   You have been scheduled for  a medical  examinatSon.  You must 
report to the Randolph Clinic on 5 May  02  at 0745. 

7 .   Any pereonal  information you furnish in rebuttal  is covered by 
the Priv.acy Act Statement as explained  in AFR 3 8 - 1 0 ,   attachment 6. 
A copy of  AFR 30-10 is available for your use in the orderly room. 

m . . - . . . . - . . . . - . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

Commander 

6  Atchs 
1. Mental Health Evaluation, 
dtd Q  Apr  92 
2 .   AF Form 3070, dtd 30 Apr  92 
3. AF Form 1560 w/ateh, 
dtd 21 Jan Q 2  
4. LOR, dtd  12  Feb 82 
5 .   UIF Summary