t  'r 
,. , :. 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORl3 

NAME OF SERVICE MEMBER (LAST, FIHS'I' MIDDLE INITIAI.) 

GRADE 

AFSNISSAN 

COUNS&L 
YES 

I  NO 

I 
I 

PERSONAL APPEARANCE 

NAME OF COIINSEI. AND OH ORGANIZATION 

X  RECORD REVIEW 
ADDRESS AND OR ORGANIZATION OF COIINSEI. 

MEMBERS SITTING 

I 

VOTE OF '[HE BOARD 

HON 

I  GEN 

I  UOTHC 

I  OTHER 

I  DENY 

ISSIJES 
A94.05 

INDEX NUMBER 
A67.10 

IlEARlNG DATE 
9 Jan 03 

CASE NUMBER 
FD2002-03 18 

1 
2 

3 
4 

EXHIDITS SIIRMIII'LU '1'0 'THE BOARD 

I  OKDEK APPOINTING  THE ROARD 
APPLICA'TION FOR REVIEW C)F  1lISC:HAKCiE 

I 

LETTER OF NOTIFII~A'I'ION 

BRIEF OF PERSONNFI,  FILE 
COUNSEL'S  RELEASE TO THE HCIAKD 
AL)III'I'IONAI.  EXFIIBITS SUBMITTED i\l  TIME OF 
PERSONAT, APPEARANCE 

I 

1AI'E  KFCORDING  O r  PERSONAL AI'I'EKANCT 

IITARIN(j 

APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE OISCIISSED ON THF ATTACHED AIR FORCE DISCHARGE REVIEW POARU UtCISIONAL RATIONALr 

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

I 

TO: 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPI I AFB, TX 78 150-4742 

INDORSEMENT 

. . . - . . . 

AFHQ FORM 0-2077, JAN 00 

(EF-\ 

2 )  

I 

DAI'E:  9 Jan 03 

SECKKI'AKY OF THE AIR  FOKCE  PERSONNEL COUNC'II.. 
AIR  FORCE DISC1 IARGE REVIEW  BOARD 
1535 COMMANII UR, BE  WING. 3Ru 1:LOOR 
ANDREWS AFR, M D  20762-7002 

Previous edition  will be used. 

I 

1 

. -- 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASK NIIMHER 

FD02-03 18 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change the Reason and 
Authority for discharge. 

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  inequitable  because  it  was  too  harsh.  The  record 
indicates  the  applicant  received  two  Article  15's  for  wrongfully  possessing  alcoholic  beverages  in  the 
dormitory  and willfully failed  to remain  within  the  150-mile radius of  Sheppard AFR.  She also received 
two  Letters  of  Reprimand  for  violating  a  lawful  general  instruction  by  wearing  a  tongue  ring  and  for 
dereliction of duty.  And,  she  received  a Record  of  Individual  Counseling for  dereliction  of  duty.  The 
applicant had received  numerous opportunities to conform, however, her misconduct continued.  The Board 
found  no  evidence  of any  inequity or  impropriety  on which  to base  a decision  to  upgrade  the  discharge. 
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 

MISSING DOCUMENTS 

(Former A 1 C )   (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 02/04/05 UP AFI 36-3208, 
para 5 , 4 9   (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge and to Change the Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 80/09/16.  Enlmt Age: 20 7/12.  Disch Age: 21 6/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-49,  G-59,  M-41, PAFSC: 2W131F -  Aircraft Armament Systems 
Apprentice. DAS: 01/07/09. 

b.  Prior Sv: (1) AFRes 01/04/26 -  01/05/22 (27 days) (Inactive). 

3 .   SERVICE UNDER  R W I E W :  

a.  Enlisted as AB  01/05/23 for 6 yrs. Svd: 00 Yrs 10 Mos 13 Das, all AMS. 

b.  Grade Status:  AIC -  01/11/23 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 02/03/19, Vacation, Sheppard AFB, TX -  Article 92.  You 

did, on or about 31 Aug 01, violate a lawful general 
instruction, to wit: paragraph 2.1.11, Sheppard Air 
Force Base Instruction 36-2902, dated 15 Oct  97, by 
wrongfully possessing alcoholic beverages in the 
dormitory.  You, who knew or should have knownof your 
duties, between on or about 15 Feb 02 and on or about 
18 Feb 02, were derelict in the performance of those 
duties in that you willfully failed to remain within 
the 150 mile radius, as it was your duty to do. 
Forfeiture of $300.00 pay. (No appeal) (No mitigation) 

(2) 01/09/20, Sheppard AFB, TX -  Article 92.  You did, on 

or about 31 Aug 01, violate a lawful general 
instruction, to wit: para 2,1.11, Sheppard Air Force 
Base Instruction 36-2902, dated 15 Oct 97, by 
wrongfully possessing alcoholic beverages in the 
dormitory.  Forfeiture of $300.00 pay  (suspended), and 
30 days correctional custody. (No appeal) (No 
mitigation) 

e.  Additional: LOR, 05 MAR 02 -  Violate a lawful general instruction. 

LOR, 05 MAR 02-  Dereliction of duty. 
RIC, 07 AUG 01 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV:  None. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (00) Yrs  (11) Mos  (10) Das 
TAMS: (00) Yrs  (10) Mos  (13) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 02/05/22. 

(Change Discharge to Honorable and Change the Reason and Authority for 

Discharge) 

Issue 1:  First, I was told my general discharge under honorable conditions 

was the next best under honorable.  It was explained to me that the military 
"just wasn't for everybody."  I didn't do anything wrong.  Also, that I'd have 
no problems once I got out.  The misconduct  was never mentioned to me until the 
day I left.  A secretary told me it w a s   just a standard thing and I could easily 
have it changed by appealing it. 

ATCH 
1. Letter of Support. 
2. Recommendation for Discharge. 
3. Written Response to AFI 36-3208, Chapter 6, Notification of Involuntary 
Discharge. 
4. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

F D Z ~ X - & ~ [ ,  

3 April 2002 

MEMORANDUM FOR 82 TRGICC 

FROM:  82 TRW/JAC 

SUBJECT:  Legal Review, Recommendation for Discharge 

363 TRS 

1. We have reviewed this discharge case file and find it legally sufficient to support discharge in 
accordance with the provisions of AFI 36-3208.  Based u 
incidents documented within this file sufficiently suppo 
Air Force.  We coficur with the 363 TRS/CCQ that AlC i 
under honorable conditions (general) discharge in accord&ce-with AFI 36-3208, paragraph 5.49 
(minor disciplinary infractions). 

we conclude that the 
charge fiom the 
discharged with an 

, 

- 

- 

.  - 

- 

, the 363 TRSICCQ notifi 
ischarged from the service 

3.  Evidence for the Commander.  The preponderance of the evidence in the case file supporting 
the squadron section commander's recommendation consists of the following: 

a.  The respondent did, at or near Sheppard AFB TX, on or about 4 Mar 02, violate a lawful 
general instruction, to wit:  AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 7, by wearing a tongue 
ring while in uniform.  For this misconduct and subparagraph '?I" below she received a Letter of 
Reprimand (LOR) on 5 Mar 02  . 

b.  The respondent, who knew or should have known of her duties at or near Sheppard AFB 

TX, an or about 2 Mar 02, was derelict in the performance of those duties by failing to remain on 
Sheppard AFB TX while in Phase I, as it was her duty to do. 

c.  The respondent, who knew or should have known of her duties at or near Sheppard AFB 
TX, between on or about 16 Feb 02 and on or about 18 Feb 02, was derelict in the performance 
of those duties in that she willfully failed to remain within the 150 mile radius of Sheppard AFB, 
as it was her duty to do.  For this misconduct and subparagraph "d" below, she received an LOR 
on 5 Mar 02.  In addition, her suspended Article 1 5 punishment was vacated on 1 9 Mar 02. 

d.  The respondent did, at or near Sheppard AFB TX, on or about 15 Feb 02, fail to go at the 

time prescribed to her appointed place of duty, to wit:  Mandatory Formation. 

r 

e.  The respondent did, at or near Sheppard AFB TX, on or about 3 1 Aug 01, violate a lawful 

general instruction, to wit: paragraph 2.1.1 1, SAFBI 36-2902, dated 15 Oct 97, by wrobgfdly 
possessing alcoholic beverages in the dormitory.  For this misconduct she received an Article 15 
on20 Sep 01. 

f.  The respondent, who knew or should have known of her duties at Sheppard AFB TX, on or 
about 7 Aug 01, was derelict in the performance of those duties in that she failed to complde her 
assigned homework.  For this misconduct she received an AF Form 174, Record of Individual 
Counseling, on 7 Aug 0 1. 

b. 

4.  Additional Infqrmation.  The respondent is 21 years old, began her present enlistment on 
23 May 01, and was assigned to h a  unit on 9 Jul01.  Her ASVAB scores are as follows: A - 72, 
E - 49, G - 59, and M - 41.  The respondent is entitled to wear the Air Force Training Ribbon. 
The respondent has consulted counsel and she has submitted statements for your consideration. 

5.  We note no administrative errors of legal significance, and we concur with the squadron 
section commander's recommendation for an under honorable conditions (general) discharge in 
this case. 

6:  Tn accordance with AFI 36-3208, your options are to: 

a.  Dir 

tention; 

b.  Suspend an under honorable conditions (general) discharge and recommend Probation and 

Rehabilitation; 

c.  Direct her discharge with an under honorable conditions (general) discharge; or 

d.  Recommend th 

e discharged with an honorable discharge.  If you determine 

an honorable discharge is appropriate, this file must be forwarded to 2 AX;/CC since only a 
General Court-Martial Convening Authority may approve an honorable discharge 
charackization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48.4). 

7.  If you have any questions regarding this matter, please contact 
ext 6-7 193. 

. 

. 

Attachment: 
Case File 

F p a w z -  ds /z 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCAllON AND TtUUNlNG COMMAND 

1 

MAR 2 6 2002 

MEMORANDUM FO 

SLBJECT:  Notification Memorandum 

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

2,  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 4 Mar 02, violate a lawhl general 

instruction, to wit: AFI 36-2903, dated 8 Jun 98, Table 2.5, Line 7, by wearing a tongue 
ring while in uniform.  For this misconduct and subparagraph "b"  below you received a 
Letter of Reprimand (LOR) on 5 Mar 02. 

b.  You, who knew or should have known of your duties at or near Sheppard AFB TX, 
on or about 2 Mar 02, were derelict in the performance of those duties by failing to remain 
on Sheppard AFB TX while in Phase I, as it was your duty to do. 

c.  You, who knew or should have known of your duties at ox near Sheppard AFB TX, 

between on or about 16 Feb 02 and on or about 18 Feb 02, were derelict in the 
performance of those duties in that you willfully failed to remain within the 150 mile 
radius, as it was your duty to do.  For this misconduct and subparagraph "d" below, you 
received an LOR on 5 Mar 02.  In addition, your suspended Article 15 punishment was 
vacated on 19 Mar 02. 

d.  You did, at or near Sheppard AFB TX, on or about 15 Feb 02, fail to go at the time 

prescribed to your appointed place of duty, to wit:  Mandatory Formation. 

e.  You did, at or near Sheppard AFEl  TX, on or about 31 Aug 01, violate a lawful 

general instruction, to wit: paragraph 2.1.1 1, SAFBI 36-2902, dated 15 Oct 97, by 
wrongfully possessing alcoholic beverages in the dormitory.  For this misconduct you 
received an Article 15 on 20 Sep 0 1. 

f.  You, who knew or should have known of your duties at Sheppard AFB TX, on or 

about 7 Aug 01, were derelict in the performance of those duties in that you failed to 

r 

7 

' 1  

A' 

" 

<, 

complete your assigned homework.  For this misconduct you received an AF Form 174, 
Record of Individual Counseling, on 1 Aug 01. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or 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. 

3.  You have the right to consult counsel.  Milit 
you.  I have made an appohtment for you to cons 
You may consult civilian counsel at your own expense. 

been obtained to assist 
lam  on ?'I WL. 

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 8-unless 
receive an extension for good cause shown.  I will send them to the separation authority. 

you request and 

5.  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. 

6. You were scheduled for a medical examination o n z - a .  

7.  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 Military Training Flight 
administration office. 

, 

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

Attachments (listed on next page) 

Mar 02 
Mar 02 

Attachments: 
1.  LOR,SMar 
2.  AFForm 116 
3.  AFForrn 116 
4.  AFFom36 
5.  LOR, 5 Mar 02 
6.  AFForrn 1168 
7.  AFFom 1168 
8.  AF Form 3070, 
9.  AFForm 116 
10. AF Form 116 
11. AF Form 174 
12. Student Training ~ e i o r t ,  02006 
13. LAFB Form 205,2 Jul 01 
14. Airman's Receipt to Notification Memorand 

21 Feb 02  ; 
26 Feb 02