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AF | DRB | CY2003 | FD2002-0209
Original file (FD2002-0209.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

AMN

 
    
 
 

X PERSONAL APPEARANCE RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

BERS SITTING

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

INDEX NUMBER

A94,05 A 67.90

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

1
2

En LETTER OF NOTIFICATION
4

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

HEARING DATE

022703

 
       
 
 
   

  

CASE NUMBER

FD2002-0209

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Washington, D.C.

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

SIGNATURE OF BOARD PRESIDENT

 

    
       
    

   

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE 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
FD2002-0209

GENERAL: The applicant appeals for upgrade of her discharge from general to honorable.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge. The respondent’s husband, MS¢t:_ |, also testified before the DRB. The respondent presented
the following additional exhibits to the DRB for their review: Certificate of Meritorious Service, 4 character
letters, a copy of her Air Force Training Records, and copies of the written counselings, reprimands,
performance feedbacks, her responses to these actions, and a copy of the letter of notification she received.

FINDINGS: The Board denies the requested relief.

Issue: The applicant was discharged with an under honorable conditions (general) discharge for conduct
prejudicial to good order and discipline on November 7, 1996. Before being separated, the respondent’s
superiors repeatedly counseled, reprimanded and finally imposed nonjudicial punishment before initiating
discharge action. The performance report she received was a referral and indicates she was a substandard
performer with an overall rating of “2”. Review of her records, indicates the applicant performed well for
the first 4 months of her service but her service and attitude deteriorated to the point where discharge
became necessary. The applicant disobeyed the orders of her superiors, argued with their decisions, and
was derelict in the performance of her duties. The applicant had the opportunity to consult with mental
health professionals and attended her base’s Stress Management Class. Despite these efforts, the applicant
was unable to improve her performance. At the hearing, the applicant admitted her performance was
substandard and that if given the same opportunity today she would act differently. The DRB noted the
applicant was very honest, open, and forthright with the panel. She voluntarily provided the DRB with
documents concerning her service that were not present in the file. The DRB was pleased to learn the
applicant was doing well in her post-Air Force career. However, no inequity or impropriety in her
discharge was found during the course of the hearing. The Board concluded the applicant’s misconduct was
well documented in the file and that her service was appropriately characterized.

The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation, was within the discretion of the
discharge authority, and that the applicant was provided with full administrative due process.

Attachment:
Examiner's Brief
FD2002-0209
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

anh age (Former AMN) (HGH A1C)
epitinnegiinin

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/11/07 UP AFI 36-3208,

para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 69/11/11. Enlmt Age: 24 11/12. Disch Age: 26 11/12. Educ:HS DIPL.
AFOT: N/A. A-86, E-91, G-88, M-68. PAFSC: 3N031 - Public Affairs Apprentice.
DAS: 95/06/12.

b. Prior Sv: (1) AFRes 94/11/07 - 94/11/29 (23 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as A1C 94/11/30 for 4 yrs. Svd: 01 Yrs 11 Mo 08 Das, all AMS.
b. Grade Status: AMN - 96/08/19 (Article 15, 96/08/19)
c. Time Lost: none,

d. Art 15’s: (1) 96/08/19, USAF Academy, CO - Article 92. You, having
knowledge of a lawful order issued by Captain -------
to place all interview notes, reference material and
photos in the alibi filing box by C.0.B. every
Wednesday, an order which was your duty to obey, did,
on or about 10 Jul 96, fail to obey the same by not
filing your interview notes, reference material and
Photos in the alibi filing box by C.0.B. Wednesday 10
Jul 96. You, who knew of your duties, on or about 12
Jul 96, were derelict in the performance of those
duties in that you willfully and by culpable
inefficiency, failed to meet the deadline for taking

the free classified ads to -------- , as it was your
duty to do. Article 107. You did, on or about 16 Jul
96, with intent to deceive, made to Captain ------ , an

official statement, to wit: saying the classified ads
were at the publisher, or words to that effect, which
statement was totally false, and was then known by you
to be so false. Reduction to Amn. (No appeal) (No
mitigation)

e. Additional: RIC, 26 SEP 95 - Disrespectful to supervisor and disobeying
a lawful order.

LOC, 28 NOV 95 - Insubordination to a noncommissioned
officer.
FD2002-0209

LOR, 16 FEB 96 - Failure to follow orders and disrespect.

RIC, 08 MAR 96 - Failure to follow orders of an officer and
dereliction of duties.

RIC, 18 MAR 96 - Dereliction of duty.

LOR, 30 MAY 96 - Failure to go.

MFR, 02 JUL 96 - Failure to obey orders an officer
appointed over her.

MFR, 08 JUL 96 - Failure to obey orders of an officer
appointed over her.

£. CM: none.

gq. Record of SV: 94/11/30 - 96/04/15 USAF Academy 2 (HAF Dir)REF
(Discharged from USAF Academy)

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

i. Stmt of Sv: TMS: (02) Yrs (00) Mos (01) Das
TAMS: (01) Yrs (11) Mos (08) Das

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

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

2, Training Documentation.

3. CFETP 3NOX1, Parts I and II.
4. ECI Grade Report.

5. Two Letters of Support.

02/08/21/ia
@ @

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 10 AIR BASE WING
USAF ACADEMY, COLORADO 80840

Fp2ooORk-O2ZOT

29 October 1996
MEMORANDUM FOR 10 ABW/CC

FROM: 10 ABW/JA
- 8034 Edgerton Dr ©
USAF Academy CO 80840

SUBJECT: Review of Administrative Discharge - SiaigRRiaiea

1. We have reviewed the subject discharge case file and find that is legally sufficient to
support the respondent's discharge from the Air Force with a general (under honorable
conditions) discharge. We recommend that you discharge the respondent with a general
discharge with no offer of probation and rehabilitation (P&R).

2, This action was inititated under AFI 36-3208, paragraph 5.50.2 for a pattern of
misconduct consisting of conduct prejudicial to good order and discipline. To
summarize, between 22 September 1995 and 16 September 1996, the respondent engaged
in a pattern of misconduct consisting of disrespect to superiors, disobedience of orders,
failure to go and dereliction of duty. Attempts to rehabilitate the respondent ranged from
letters of counseling to letters of reprimand to an Article 15 wherein the respondent was
reduced to the grade of Airman. Even the Article 15 failed to deter future misconduct, as
the member was once again insubordinate as recently as 17 September 1996.

3, A preponderance of the evidence supports the bases for discharge alleged in paragraph
2 of the letter of notification. There are no errors or irregularities effecting a substantial
right of the respondent. Based on these instances of misconduct, the respondent's
commander has recommended that you discharge the respondent with a general discharge
with no offer of P&R. We agree with this recommendation. From the case file it is
apparent that the respondent has continually had problems following the directions of
those entrusted to supervise her. Repeated attempts at rehabilitation have been to no
avail.

4, The respondent has submitted matters for your consideration in deciding on an

appropriate course of action.<@aaiiiakmtwrhas asked that if you decide to discharge her
that you offer her a period of P&R. Her submission consists of several letters of

recommendation, copies of her Bachelor's and Master's degrees and a letter from her,
giving background about her and discussing briefly the bases for discharge. With regard
to the bases for discharge, siiliiiillies 2¢tributes them to "personality clashes within

our office," but goes on to add, "part are also my fault and I take responsibility for the
situation [ am in.”

5. Your options with regard to this action are:
a @ @ PD22O2-O20 9

a. Retain the respondent on active duty,

b. Order the respondent's separation with a general discharge, with or without an
offer of probation and rehabilitation, or

c. Forward the case file to HQ USAFA/CC recommending the respondent's

discharge with an honorable discharge, with or without an offer of probation and
rehabilitation,

6. We recommend that you award the respondent a general discharge with no offer of
probation and rehabilitation.

 

I concur
F Dp ZCOZ-P20F

DEPARTMENT OF THE AIR FORCE

10TH MISSION SUPPORT SQUADRON
USAF ACADEMY COLORADO

MEMORANDUM FOR 10 ABW/CC

FROM: 10 MSS/CC

SUBJECT: Recommendation for Discharge thi
1. Irecommend I as rameer ree piece imate be discharged from the United States Air
Force for conduct prejudicial to good order and discipline. The authority for my recommendation is AFPD 36-32

and AFI 36-3208, paragraph 5.50.2, I recommend a general (under honorable conditions) discharge. The specific
reasons for the proposed discharge and acts or conditions on which the recommendation is based are contained in
attachment 1, and notification letter dated 26 Sep 96.

2. Information from the military record follows:

a. Date and term of enlistment: 30 Nov 94, 4 yrs; date this period of continuous active duty started: 941130;
pay-date: 30 Nov 94; TAFMSD: 30 Nov 94; and dates of prior service: None.

b. Date of birth: 11 Nov 69.

c. Test Scores: Admin 86; Mech 68; Elect 91; General 88.

d. Formal Training: Basic Public Journalism Course, Fort Benjamin Harris, IN.
e. Date assigned unit: 6 Dec 95,

f. Current grade and effective date: Airman, 19 Aug 96.

g. Demotions: None.

h. Time lost: None

i. Record of disciplinary actions: Member failed to follow a lawful order, was derelict in the performance of

her duties, and made a false official statement. She received a reduction in grade to Airman, with a new date of
rank of 19 Aug 96,

j. Overall ratings on EPRs: 2.
k. Favorable communications, citations, or awards: Basic Training, National Defense
], Derogatory data, other than action by courts-martial or under Article 15, UCMI:

(1) Member was disrespectful to her supervisor and disobeyed a lawful order, for which she received an
AF Form 174, Record of Individual counseling, dated 26 Sep 95

(2) Member was insubordinate to an NCO, for which she received an Letter of Counseling dated 28 Nov
95.
PoRITZ ~ O ZIG

(3) Member failed to follow the orders of an officer appointed over her and she was disrespectful to the
same officer, for which she received an Letter of Reprimand dated 16 Feb 96.

(4) Member failed to follow the orders of an officer and she was derelict in the performance of her duties,
for which she received an AF Form 174, Record of Individual Counseling dated 8 Mar 96.

(5) Member was derelict in the performance of her duties, for which she received an AF Form 174,
Record of Individual Counseling dated 18 Mar 96.

(6) Member failed to go to her scheduled place of duty, for which she received a Letter of Reprimand
dated 30 May 96.

(7) Member failed to obey a written order and was derelict in the performance of her duties, for which she
received a Letter of Reprimand dated 26 Jun 96.

(8) Member failed to follow the orders of an officer appointed over her, for which she received a
Memorandum For Record dated 2 Jul 96,

(9) Member failed to follow the written orders of an officer appointed over her and she was derelict in the
performance of her duties for which she received a Letter of Reprimand dated 8 Jul 96.

‘m. Medical or other data meriting consideration: None
n. Member does not hold an appointment as a Reserve commissioned or warrant officer.

3. I do not recommend probation and rehabilitation due to the fact that €0QNMRMRghas been given ample
opportunity to improve and displays an inability or unwillingness to change her behavior.

   

Commander

Attachments:

1. Copy of Notification Memorandum w/atchs

2. Airman’s Receipt of Notification Memorandum
3. Airman’s Statement w/ or w/out atchs

4, Other documents

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