AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN ~ 4
nent a
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PERSONAL APPEARANCE X RECORD REVIEW

ee ; NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL |

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER
A67.10
LETTER OF NOTIFICATION ~]
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
28 MAR 03 FD2002-0345 | COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
REVERE soa RATES. j

   

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REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

SIGNATURE OF RECQ

‘DATE: 28 MAR 03

 

 

SAF/MIBR. , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 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 FD02-0345

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

   

 

   

  

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: The applicant states her discharge was due to having to leave her duty station because of an
abusive relationship with her estranged husband. The record indicates the applicant received two Article
15’s for failure to go. In addition, she also received three Letters of Reprimand for failure to participate in
the physical fitness program, lying about her whereabouts, and for being an hour and a half late to work,
failure to return to the local area after taking leave, failure to show up for work, and not showing up for
physical training, and violation of medical quarters. And, she received two Records of Individual
Counseling for having her hair out of compliance with the Instruction and being disrespectful to authority
and taking extended breaks during the duty day. The applicant also states that she would like to receive her
GI Bill. The Board was sympathetic to the impact the loss of this benefit was having on the applicant, but
this in not a matter of inequity or impropriety that would warrant an upgrade. The board concluded the
misconduct was a significant departure from conduct expected of all military members. The Board found
no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the
characterization of the discharge received by the applicant was found to be appropriate.

 
   
     
   
   
   
   
   
   
   
   
     
 

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
FD2002-0345

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

(Former AB) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 6 JUN 02 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 29 Dec 80. Enlmt Age: 18 5/12. Disch Age: 21 5/12. Educ: HS DIPL.
AFQT: N/A. A-50, E-51, G-50, M-34. PAFSC: 28051 - Supply Management
Journeyman. DAS: 28 Jul 00.

b. Prior Sv: (1) AFRes 4 Jun 99 - 27 Jul 99 (1 month 24 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 28 Jul 99 for 4 yrs. Svd: 2 Yrs 10 Mos 9 Das, all AMS.

b. Grade Status: AB - 15 May 02 (Article 15, 15 May 02)
A1lC - 28 Nov 00
AMN - 28 Jan 00

c. Time Lost: None.

d. Art 15's: (1) 15 May 02, Seymour Johnson AFB, NC ~ Article 86. You
did, at or near Goldsboro, North Carolina, on or about
3 May 02, without authority, fail to go at the time
prescribed to your appointed place of duty. Article
134. You did, being indebted to --~----- in the sum of
$175.00 for cleaning your house, which amount became
due and payable on or about 3 May 02, did, from on or
about 3 May 02, to on or about 9 May 02, dishonorably
fail to pay said debt. Reduction to the grade of AB.
(No appeal) (No mitigation)

 

(2) 11 Apr 00, Seymour Johnson AFB, NC - Article 107. You
did, on or about 9 Feb 00, with intent to deceive, sign

an official record with the name --~---- , to wit:
Chemical Warfare Mobility Bag Inventory Receipt, which
record was false in that ------~ was your name, and was

then known by you to be so false. Suspended reduction
to AB, suspended forfeiture of $100.00 pay per month
for two months, 30 days restriction, and 30 days extra
duty. (No appeal) (No mitigation)

e. Additional: LOR, 10 APR 02 ~- Failure to participate in physical fitness
program, lying about whereabouts, and for
FD2002-0345

being an hour and a half late to work.
LOR, 08 APR 02 - Failure to return to the local area after
taking leave, failure to show up for work,
and not showing up for physical training.
LOR, 24 AUG 01 - Violation of medical quarters.
RIC, 20 JUL 01 - Style of hair not in compliance with AFI
36-2903.
RIC, 12 JUN 01 - Disrespect for authority and extended
breaks during duty hours.

f. CM: None.

g. Record of SV: 28 Jul 99 - 27 Mar 01 Seymour Johnson AFB 4 = (Initial)
28 Mar O1 - 29 Oct 01 Seymour Johnson AFB 4 = (CRO)

(Discharged from Seymour Johnson AFB)

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

i. Stmt of Sv: TMS: (3) Yrs (0) Mos (3) Das
TAMS: (2) Yrs (10) Mos (9) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Aug 02.
(Change Discharge to Honorable)

Issue 1: This letter is in request of having my Montgomery G I Bill
approved for Fall 2002 at the University of Memphis. Circumstances surrounding
my discharge, that is, "Under Honorable Conditions" (General), were basically
due to having to leave my duty station because of an abusive relationship, (my
child's father), had become too overbearing and I had become very threatened by
my future career with the Air Force because of my personal affair with his
abusive behavior. At that time, my only concern wag for my safety and my 11
month old daughter who was in dire need of parental support. As I look back, I
do not regret having to leave but feel that it was necessary for myself and my
daughter at the time. My total active duty time in the Air Force is 2 years and
10 months, only 2 months short of the required 3 years required (sic). I am
respectfully requesting that my discharge be upgraded to Honorable so that I may
be able to utilize my Montgomery GI Bill. If necessary, I can provide the
necessary court documents to provide a detailed insight as to what the actual
situation was between myself and my daughter's father.

ATCH
1. Applicant's Letter Requesting Upgrade.
2. DD Form 214.

21NOV02/ia
Le PP Z002~ Bags™
.JEPARTMENT OF THE AIR FOR...

4TH FIGHTER WING (ACC)
SEYMOUR JOHNSON AIR FORCE BASE NC

 

30 May 2002

MEMORANDUM FOR 4 FW/CC

FROM: 4 FW/TA

SHBIECT: : Legal Reve Discharee under AFI 36: 3208, eerrapter 5, Section H, Paragraph 5.49,

 

1. HISTORY: The 4th Civil Engineering Squadron Commander has recommended that