AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

 

AFSN/SSAN

    
   

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

7 AB an.

TYPE

GEN PERSONAL APPEARANCE X RECORD REVIEW

COUNSEL "4d NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

YES

[NO

 

 

VOTE OF THE BOARD

MEMBERS SITTING HON GEN

 

   

 

 

 

   
    

 

    
 

  

ISSUES
A94,53

INDEX NUMBER

A67.10

  

 

APPLICATION FOR REVIEW OF DISCHARGE

 
  

 

LETTER OF NOTIFICATION

 

 

  

  

HEARING DATE CASE NUMBER

  

BRIEF OF PERSONNEL FILE

 

 

 

03-01-24 FD2002-0362

  

   

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANG HEARING

, APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

   

 

       
  
 

 

Pe

“REMARKS
Case heard at Washington, D.C.

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

e right to

He

  

Ze
SA bpd : SECRETARY OF THE AIR FORCE PERSONNEL BOUNCIL
350°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 befBsed.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp 2092-0362

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

   
 
 
  
   
   

  
  
  
  
       
   

The applicant was offered a personal appearance before the Discharge Review Board but de@ined to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the d&charge.

FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the disch#ge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for minor disciplinary infractions. She had two AETC Fo
Discrepancy Report, SIX Records of Individual Counseling, four Letters of Reprimand, and an A

failing to keep her dormitory room in inspection order on two occasions, failing to observe curfew hours on
three occasions, making a false statement, disrespect to a noncommissioned officer, disrupting Jer class
while they were testing, engaging in horseplay in class, and failure to go to a mandatory appoint ent. At
the time of the discharge, member waived her right to consult counsel and submit statements in er own

who had adhered to the standards when her misconduct occurred, and she knew right from wrong.
counseled in an effort to help her correct her deficiencies and had several opportunities to impfove her
behavior. She failed to respond to those rehabilitative efforts. She was responsible for her acti$ns, and
therefore held accountable for them. No inequity or impropriety was found in this discharge in tHE course
of the records review.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent
procedural and substantive requirements of the discharge regulation and was within the discretia
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 asis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2008 -0362
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 14 JAN 99 UP AFI fj6-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals fo
Honorable Disch.

2. BACKGROUND:

a. DOB: 06 Jun 79. Enlmt Age: 18 1/12. Disch Age: 19 7/12. Educ: HM DIPL.
AFQT: N/A. A-45, E-53, G-62, M-53. PAFSC: 2A612 - Aerospace Ground Equipment
Apprentice. DAS: 08 May 98.

b. Prior Sv: {1) AFRes 23 Jul 97 - 28 Dec 97 (5 months 6 days) (Inacffive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 29 Dec 97 for 4 yrs. Svd: 01 Yrs 0 Mo 16 Das, all§AMs.

b. Grade Status: AB - 11 Dec 98 (Article 15, 11 Dec 98)
AMN - 29 Jun 98

ec. Time Lost: None.

d. Art 15’s: (1) 11 Dec 98, Sheppard AFB, TX - Article 92. You did, on
or about 21 Nov 98, violate a lawful general
instruction, to wit: Para 5.2.1, Sheppard AFBI 3@-2902,
dated 15 Oct 97, by wrongfully failing to remainfWithin
the limits of Sheppard AFB. Article 107. You djd, on
or about 24 Nov 98, with intent to deceive, makeffto
Captain ------ , an official statement, to wit: "J was
married in Central Park," or words to that effec,
which statement was totally false, and was then Jnown
by you to be so false. Reduction to AB, 30 days
restriction, and 30 days extra duty. (No appeal) §(No
mitigation)

e. Additional: LOR, 25 NOV 98 ~ Violation of SAFB 36-2902, para 5.283,
riding in a POV while in Phase I of
military training during duty hours

RIC, 20 NOV 98 ~ Violation of SAFB 36-2902, para 2.192,
failing to carry at least two propafly
filled out AETC Forms 341.
RIC, 20 NOV 98 - Misconduct and making a false offidjal
statement.
AETC 341, 16 OCT 98 - Violation of SAFB 36-2902, pay
2.1.3, failing to keep room i
inspection order.
AETC 341,
LOR, 13
RIC, 12
RIC, 14
RIC, 29
LOR, 09
LOR, 28
RIC, 20

£. CM: None.

g. Record of SV: None.

h. Awards & Decs:

i. Stmt of Sv: TMS:
TAMS :

4. BASIS ADVANCED FOR REVIEW:

AUG

AUG
JUL

08 OCT

98

98
98

98
98
98

98

FD20m2-0362

98 - Violation of SAFB 36-2902, pa
2.1.3, failing to keep room i
inspection order.

Disrespectful to a noncommissioned
officer.

Disruption of class.

Failure to obey an order and horsephay in
the laboratory. 4

Failure to report.

Violation of curfew.

Violation of curfew and entering a fROV
while in Phase I.

Violation of curfew.

(Discharged from Sheppard AFB)

AFTR.

(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. DD Form 214.

(01) Yrs (05) Mos (23) Das
(01) Yrs (0) Mos (16) Das

Appln (DD Fm 293) dtd 22 Aug 02.

O2DECO2Fia
FD 2202~ OF =

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

 

8 Jan 99

MEMORANDUM FOR 82 TRG/CC

FROM: 82 TRW/JAC

“2

SUBJECT: Legal Review, Recommendation for Discharge Cg

361 TRS

1. We have reviewed this discharge case file and find it to be legally sufficient to support
discharge in accordance with the provisions of AFI 36-3208. Based upon our review, we
conclude that the incidents documented within this file sufficiently support sii dischirge
from the Air Force. We concur with the 361 TRS/CCQ thatlidlliystould be dischargedffor
her misconduct and that her service should be characterized as an under honorable condition
(general) discharge in accordance with AFI 36-3208, paragraph 5.49 (minor disciplinary
infractions),

2. On 5 Jan 99, the 361 TRS/CCQ notified BM that he was recommending tha

be discharged from the service due to her misconduct. The basis for this action is the squadrag
section commander's administrative determination that the respondent has committed a seriegof
minor disciplinary infractions. Specifically, the respondent violated a lawful general instruc#pn
when she failed to remain within the limits of Sheppard Air Force Base; entered or used a
privately owned vehicle on two occasions; failed to carry at least two properly filled out AE
Forms 341; failed to keep her room in inspection order at all times on two occasions; and failRd
to return to and remain in her assigned dormitory from 2100-0400 Sunday through Saturday §n
three occasions. In addition, she made a statement with intent to deceive; made false statemaats
to her instructor; showed disrespect to an NCO, disrupted class while they were testing; enge ed
in horseplay in the lab; and failed to report at the appointed time for a mandatory dental
appointment. The respondent received an Article 15, four Letters of Reprimand, four Record of
Individual Counseling, two AETC Forms 341 and two AETC Forms 173 as a result of her
misconduct. The basis for discharge is supported by a preponderance of evidence in the case@file.

3. The respondent is 19 years old. She began her present enlistment on 29 Dec 97, and was §f
assigned to her unit on 8 May 98. Her ASVAB scores are above average. The respondent isl ©
entitled to wear the Air Force Training Ribbon. She has waived her right to consult counsel gd
has waived her right to submit statements for your consideration. .
Fo2z2n2-268 © =

t

4. In accordance with AFI 36-3208, your options are to:

a. Direct MA, retention;

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

'

c. Recommend thatgiitbe discharged with an honorable discharge. If you determife®
an honorable discharge is appropriate, this file must be forwarded to 2 AF/CC since only a
General Court-Martial Convening Authority may approve an honorable discharge ©
characterization when the basis for discharge is misconduct (AFI 36-3208, paragraph 5.48. 4

 
 

5. If you have any questions, please contact 1Lt Romy Eschenbacher at ext 6-7192.

i en lial

Attachment:
Case File
FD 2C0R- SO.

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

SJant

 

FROM: 361 TRS/CCQ
528 E Avenue
Sheppard AFB TX 76311-3469

SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for minor disciplina
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If fhy
recommendation is approved, your service will be characterized as honorable or under

honorable conditions (general). | 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 Air Force Base, Texas, on or about 21 Nov 98, violate a
lawful general instruction, to wit: paragraph 5.2.1, Sheppard Air Force Base Instruction
36-2902, dated 15 Oct 97, by wrongfully failing to remain within the limits of Sheppard Air Fo
Base. For this misconduct and subparagraph “b” below you received Article 15 punishment
11 Dec 98.

b. You did, at or near Sheppard AFB TX, on or about 24 Nov 98, with intent to deceive,
make to i_pceme: official statement, to wit: “I was married in Central Paria”
or words to that effect, which statement was totally false, and was then known by you to be s

false.

c. You did, at or near Sheppard AFB TX, on or about 25 Nov 98, violate a lawful general
instruction, to wit: paragraph 5.2.3, SAFBI 36-2902, dated 15 Oct 97, by riding in a privately
owned vehicle (POV) while in Military Training Phase |. For this misconduct you received a
Letter of Reprimand (LOR), on 25 Nov 98.

d. You did, at or near Sheppard AFB TX, on or about 19 Nov 98, violate a lawful general
instruction, to wit: paragraph 2.1.2, SAFBI 36-2902, dated 15 Oct 97, by failing to carry at le.
two properly filled out AETC Forms 341, Excellence/Discrepancy Report. For this misconduc
you received an AETC Form 173, Record of nonacademic counseling on 20 Nov 98.

e. You did, at or near Sheppard AFB TX, on or about 19 Nov 98, jump off the instructor's
desk, when confronted you made a false official statement to your instructor. For this

misconduct you received an AETC Form 173, Record of Nonacademic Counseling on
20 Nov 98.
F P2022 - 0

_f. You did, at or near Sheppard AFB TX, on or about 16 Oct 98, violate a lawful general
instruction, to wit: paragraph 2.1.3, SAFBI 36-2902, dated 15 Oct 97, by failing to keep your

room in inspection order at all times. For this misconduct you received an AETC Form 341,
Discrepancy Report on 16 Oct 98.

g. You did, at or near Sheppard AFB TX, on or about 8 Oct 98, violate a lawful general
instruction, to wit: paragraph 2.1.3, SAFBI 36-2902, dated 15 Oct 97, by failing to keep your
room in inspection order at all times. For this misconduct you received an AETC Form 341,
Discrepancy Report on 8 Oct 98. 3

h. You were, at or near Sheppard AFB TX, on or about 11 Aug 98, disrespectful to an NC
For this misconduct you received an LOR on 13 Aug 98.

i. You did, at or near Sheppard AFB TX, on or about 12 Aug 98, disrupt the class while

testing. For this misconduct you received an AF Form 174, Record of Individual Counseling
12 Aug 98.

j. You did, at or near Sheppard AFB TX, on or about 9 Jul 98, horseplay in the lab. For thi
misconduct you received an AF Form 174, Record of Individual Counseling on 14 Jul 98.

k. You did, at or near Sheppard AFB TX, on or about 23 Jun 98, fail to report to your
appointment place of duty at the appointed time, to wit: a mandatory dental appointment. Fo
this misconduct you received an AF Form 174, Record of Individual Counseling, on 29 Jun 98

|. You did, at or near Sheppard AFB TX, on or about 30 May 98, violate a lawful general
instruction, to wit: paragraph 5.2.5, SAFBI 36-2902, dated 15 Oct 97, by failing to return and
remain in your assigned dormitory from 2100 — 0400 Sunday Through Saturday. For this
misconduct you received an LOR, on 9 Jun 98.

m. You did, at or near Sheppard AFB TX, on or about 22 May 98, violate a lawful general
instruction, to wit: paragraph 5.2.5, SAFBI 36-2902, dated 15 Oct 97, by failing to return and
remain in your assigned dormitory from 2100 — 0400 Sunday through Saturday. For this
misconduct and subparagraph “n” below you received an LOR, on 28 May 98.

n. You did, at or near Sheppard AFB TX, on or about 25 May 98, violate a lawful general
instruction, to wit: paragraph 5.2.3, SAFBI 36-2902, dated 15 Oct 97, by using or entering an
privately owned vehicle while in Military Training Phase I.

o. You did, at or near Sheppard AFB TX, on or about 15 May 98, violate a Jawful general
instruction, to wit: paragraph 5.2.5, SAFBI 36-2902, dated 15 Oct 97, by failing to return to an
remain in your assigned dormitory form 2100 — 0400 Sunday through Saturday. For this
misconduct you received an AF Form 174, on 20 May 98.

Copies of the documents to be forwarded to the separation 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 Air Force and, if you are
discharged, how your service will be characterized. If you are discharged, you will be ineligibl

for reenlistment in the Air Force and will probably be denied enlistment in any component of th
Armed Forces.

N
3. You have the right to consult counsel. Military legal counsel has been obtained to assist

you, | have made an appointment for you to consul ae Area Defense Counsel, a

Bldg 1638, on Wdan44 at isoo hours. You may cossuit 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 San 6230_, unless you request and
receive an extension for good cause shown. | will send them to the separation authority.

=

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

6. You had a separation physical on _| Dew 48

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 361 TRS student administration office.

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

 

Attachments:

AF Form 3070, 11 Dec 98
AF Form 1168, Sagat
E-mail Aan (
AF Form 1168, 4g? 5 Nov 98

AF Se Oe Nov 98
AF Form 1168 Nov 98
AF Form 1168, iia 24 Nov 98
Letter of Reprimand, 25 Nov 98
AETC Form 173, 20 Nov 98
AETC Form.173, 20 Nov 98
. AETC Form 341, 16 Oct 98
AETC Form 341, 8 Oct 98
Letter of Reprimand, 13 Aug 98
Response to LOR, Undated
. AF Form 174, 12 Aug 98
AF Form 174, 14 Jul 98
AF Form 174, 29 Jun 98
. Letter of Reprimand, 9 Jun 98
MFR, 3 Jun 98
. Letter of Reprimand, 28 May 98
. Response to LOR, Undated, Unsigned

. AF Form 174, 20 May 98
. Memo, a8 8 Dec 98
Airman’s of Notification Memorandu |

     

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