AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

  
 

 

 

 

  

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

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

AFHQ FORM 0-2077, JAN 00

 
 
 

(EF-V2)

 

   

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be uggd.,

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) | GRADE AFSN/SSAN 7
cin, AB
yO
PERSONAL APPEARANCE X RECORD REVIEW
: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
i VOTE OF THE BOARD
(HON “TcEn voTHC | OTHER DENY
—+—- —_— June
X 7
“TS - >
X
ee + _ |
X
an
Xx
ISSUES INDEX NUMBER LL. -EXBIBITS SUBMITTED YO. THE BOARD ee
A94,02 A67.30 1 | ORDER APPOINTING THE BOARD ~|
3 | APPLICATION FOR REVIEW OF DISCHABIGE |
3 | LETTER OF NOTIFICATION
a naa CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
| ——
N FD2002-0388 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIMHBDF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPER ANCHBHEARING
18S MOREE aon ap aes oa Ree BA REO? ONT AT ere ERFORTE DERRGE REVIEW VIEW BOARD D DECISIONAL pETON | ;
REMARKS
Case heard at Washington, D.C.
Advise applicant of the decision of the Board.
Discharge is upgraded to Honorable, Secretarial Authority.
SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDEN. “|
“ DATE: 22-.g@in 03
SAF/MIBR. SECRETARY OF THE AIR FORCE PERSONNEL C@UNCIL
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0388 |

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

  
  
  
 
 
  
   
  

  
  
    
    
  

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but defined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to
discharge. ,

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to
Secretarial Authority,

The board finds that neither evidence of record nor that provided by the applicant substantiates an
impropriety, which would justify a change of discharge. However, after a thorough review of the r@tord,
the Board finds that the applicant’s character of discharge is inequitable.

ISSUE: The applicant states that her discharge was inequitable because her commander recommengged her
for discharge based on the fact that she would not reenlist and the fact that she was not given propemti
respond to the discharge. The records indicate the member received a Special Court Martial for

intentionally injuring herself by cutting her throat and by ingesting various medications and other
substances for the purpose of avoiding a temporary duty assignment to Saudi Arabia. Then, on the jay she

and to change the reason for the discharge. While the DRB did not condone the applicant’s actions
did feel it would have been more equitable to let her separate at her ETS with an Honorable discharfe

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

However, in view of the foregoing findings the Board also concludes that the overall quality of the
applicant’s service is more accurately reflected by an Honorable discharge. Therefore, the applicangjs
characterization for discharge should be changed to Honorable. The Reason for discharge should b
changed to Secretarial Authority.

Attachment:
Examiner's Brief
FD2008-0388
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

. aoe (Former AB) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 3 Jun 02 UP AFI 343208,
para 5.52.3 (Misconduct - Commission of a Serious Offense). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 29 Dec 79. Enilmt Age: 18 4/12. Disch Age: 22 5/12. Educ: HS DIPL.
AFOT: N/A. A-77, E-39, G-36, M-17. PAFSC: 3A031 -— Information Manageme
Apprentice. DAS: 31 Aug 99.

b. Prior Sv: (1) AFRes 6 May 98 - 3 Jun 98 (29 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AB 4 Jun 98 for 4 yrs. Svd: 4 Yrs 0 Mos 0 Das, all AMS.

b. Grade Status: AB - 8 Feb 02 (SPCM Order No. 3, 16 May 02)
SRA - 4 Jan O01
A1lC - 4 Oct 99
AMN - 4 Dec 98

ec. Time Lost: None.
d. Art 15’s: None.
e. Additional: None.
f£. CM: Special Court Martial Order No. 3, 16 May 2002
CHARGE 1: article 115. Plea: Not Guilty. Finding: Guilty.

SPECIFICATION: In that Senior Airman ------ , aid, at or nea
Edwards Air Force Base, CA, on or about 30 Aug 01, for the p{rpose
of avoiding her temporary duty assignment to Eskan Village, Gaudi
Arabia, intentionally injure herself by cutting her throat agid by
ingesting various medications and other substances.

CHARGE II: Article 134. Plea. Dismissed prior to pleas. Figding:
Dismissed prior to pleas.

SPECIFICATION: In that Senior Airman -------- , did, on dives
occasions, at Edwards Air Force Base, CA, on or about 29 Aug|—1,
by words or actions, indicate her refusal to deploy on her
temporary duty assignment to Eskan Village, Saudi Arabia, whjph
under the circumstances, was to the prejudice of good order dnd
FD2002-03 98

discipline in the Armed Forces or was of a nature to bring
discredit upon the armed forces. Sentence approved for redfjction
to the grade of AB, forfeiture of $545.00 pay PEE month forfjthree
months, and a reprimand.

g. Record of SV: 4 Jun 98 - 3 Feb 00 Edwards AFB 5 (Initial)
4 Feb 00 - 3 Feb 01 Edwards AFB 5 (Annual)

(Discharged from Edwards AFB)
h. Awards & Decs: AFAM, AFTR, NDSM.

i. Stmt of Sv: TMS: (4) Yrs (0) Mos (29) Das
TAMS: (4) Yrs (0) Mos (0) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 23 Aug 02.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because my commander recommendfid me
for discharge based on the fact that I would not reenlist. Everyone has
decision to reenlist after their obligated term of service. I was told bg my
defense attorney after my court-martial that I would not be eligible to
reenlist.

Issue 2: I was discharged on my normal separation date (3 June 02). don't
feel I was given proper time to respond to my discharge. I was given 3 dfjys to
complete my response. My defense attorney requested a delay in responding to
the discharge, which was denied because of my impending date of separatio

ATCH

1. Applicant's Letter.
2. Discharge Documents.

13DecO29cr
£22002. 385

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 412™ TEST WING (AFMC)
EDWARDS AIR FORCE BASE, CALIFORNIA

 

MEMORANDUM FOR: USAF TPS
FROM: USAF TPS/CC
SUBJECT: Notification Memorandum %

1. Iam recommending your discharge from the United States Air Force for Commission of a
Serious Offense (Other Serious Offenses). The authority for this action is AFPD 36-32 and ABI
36-3208, paragraph 5.52.3. If my recommendation is approved, your discharge will be
characterized as either honorable or under honorable conditions (general). I am recommending a
an under honorable conditions (general discharge)

2. My reasons for discharging you for Commission of a Serious Offense are as follows:

a. On 30 Aug 01, you avoided a temporary duty to Saudi Arabia and intentionally cut y
throat and ingested various medications for which you were found guilty by a Special Court-
Martial, in Violation of UCMJ, Article 115. The following documents are attached as evideng:

1. AF Form 1359 (Report of Result of Trial)
2. Convening Authority Action
3. Special Court-Martial Order No. 3

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial convening
authority (SPCM) jurisdiction or a higher authority will decide whether you will be discharge@ or
retained in the Air Force, and if you are discharged, how your service will be characterized. I
you are discharged, you will be ineligible for reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist yqh.
I have made an appointment for you to — at Bldg 2670 on 30/"ey42 a

O©Ye _. Youmay consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by 3 (ay O2 _ mless you, request and receffe
an extension for good cause shown. I will send them to the separation authority.

6. 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.

7. You have been scheduled for a medical examination. You must report to the Physical

Examination Section, Flight Surgeon's Office, Bldg 3925 at 0930 0n AS /*YO2 forthe
examination.
. : FO2002-O3FS

8. 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 Orderly Room,

 

Attachments:

1. Supporting Documentation

1.1 AF Form 1359; Convening Authority Action; SPCM No. 3
2. Airman’s Receipt of Notification/Recoupment Memorandum
3. Airman’s Statement

. 4. EPRs
EO 2002 - 028%

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE FLIGHT TEST CENTER (AFMC)
EDWARDS AIR FORCE BASE, CALIFORNIA

 

31 May@002

MEMORANDUM FOR 95 ABW/CC
FROM: AFFTC/JA 5

SUBJECT: Legal Review-Administrative Discharge Under AFI 36-3208, paragraph 5.52.3,

ip EE 0s AF TPs

1. Background: This discharge action is being processed against the respondent

USAF TPS, for Commission of a Serious Offense (Other Serious
Offenses, “AFI 36- 3208, paragraph 5.52.3. The package is legally sufficient subject to proper
medical clearance. The respondent acknowledged that military legal counsel was made availabge to
her and she has consulted with counsel. (Atch 3)

2. Analysis: Airmen are subject to discharge for misconduct based on the commission of a sergppus
offense if a punitive discharge would be authorized for the same or a closely related offense unger
the MCM. This category of misconduct is of a nature that tends to disrupt order, discipline, or
morale within the military community and usually involves causing dissent, disruption, and
degradation of mission effectiveness. In the case under consideration, the respondent committe the
following infractions:

a. On 30 Aug 01, the respondent avoided a temporary duty to Saudi Arabia, intentionally fut
her throat and ingested various medications for which the respondent was found guilty by a Spapial
Court-Martial, in Violation of UCMJ, Article 115. The following documents are attached as
evidence:

1. AF Form 1359 (Report of Result of Trial)
2. Special Court-Martial Convening Authority Action

3. Special Court-Martial Order No. 3

3. Discussion of Respondent’s Background: On 4 Jun 98, the respondent joined the Air Forog for
aterm of 4 years. On 31 Aug 99, the respondent. arrived at Edwards AFB, California. Her dut
performance, both prior to and after the malingering offense, has been outstanding (two firewalh
EPRs). The respondent is authorized to wear the Air Force Achievement Medal and the Air Fogte
Training Ribbon. The respondent was found guilty by a Special Court-Martial, in Violation of
UCM, Article 115.

4. Basis for Discharge: There is sufficient evidence to support discharge of the respondent in fRis
case for Commission of a Serious Offense (Other Serious Offenses). The respondent was found
FP20 02 ~d2$

guilty by a Special Courts-Martial for avoiding a temporary duty to Saudi Arabia, intentionally
cutting her throat and ingesting various medications.

5. Discussion of Respondent’s Statement: The respondent has acknowledged that military legal
counsel was made available to her and she consulted with counsel. The respondent has submittdi
statements for your consideration urging you to allow her to separate with an Honorable Dischage
on her normal End of Term of Service (ETS) date on 3 Jun 2002. (Atch 3)

6. Characterization of Discharge: If you determine the respondent should be discharged, yo
must further decide how to characterize the respondent's service during her current enlistment. he
respondent's commander, QNMe recommends the respondent be discharged with an
under honorable conditions (general) characterization. According to AFI 36-3208, para 1.18.2,
airman's service should be characterized as under honorable conditions (general) when significa
negative aspects of the airman's conduct or duty performance outweigh positive aspects of the
airman's military record. Further, when an airman is discharged for misconduct, an honorable
discharge is only merited when an airman's record “ . . . has been so meritorious that any other
characterization would be clearly inappropriate." AFI 36-3208, Chapter 5, Section H, para 5.4888.
Due to the seriousness of the courts-martial conviction, the respondent’s behavior leading to the
conviction outweighs the positive aspects of her military record. I concur with the commander’
recommendation the respondent be discharged with an under honorable conditions (general)
discharge.

7. Probation and Rehabilitation: Pursuant to AFI 36-3208, Chapter 7, the Probation and
Rehabilitation (P&R) program provides an opportunity for airmen subject to involuntary separatfpn
to remain in the Air Force until their normal date of separation. Based on this program, executiqh —
of the approved discharge is conditionally suspended for no less than 6 months but not more thagj 12
months. This gives the member a chance to show that she is able to meet Air Force Standards. The
suspended discharge will be automatically canceled after completion of the period stated on the
P&R notification, unless the suspension has been vacated, or action to vacate it has been initiate
ecommends against P&R. I concur. The respondent’s misconduct, for whic
she was tried and convicted, has not demonstrated the kind of attitude that would support a
recommendation for P&R.

8. 95 ABW/CC Options: As separation authority in this case, you may:
a. Retain the respondent; or

b. Discharge the respondent with an under honorable conditions (general) discharge for
Commission of a Serious Offense (Other Serious Offenses) AFI 36-3208, para 5.52.3 with or
without P&R; or

c. Recommend to AFFTC/CC that the‘respondent receive an honorable discharge for
Commission of a Serious Offense (Other Serious Offenses), AFI 36-3208, para 5.52.3, with or
without P&R; or

d. Return the package to the unit for further processing if you determine that the discharge
should be characterized as under other than honorable conditions.
my,

9, Recommendation: The respondent’s commander, iis recommends that the
respondent be discharged with an under honorable conditions (general) discharge for Commissign
of a Serious Offense (Other Serious Offenses), per AFI 36-3208, paragraph 5.52.3. Based on
respondent’s conduct, I agree with the respondent’s commander and recommend the respondenfbe

discharged with a under honorable conditions (general) discharge without probation and
rehabilitation. If you concur, please sign the letter located at Tab 1.

5g