AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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ISSUES INDEX NUMBER Sui THE BOARD
A94,06, A94.12 AG1,46 OARD
| 2 | APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE
23 APR 03 FD2002-0418 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
| PERSONAL APPEARANCE
| | TAPE RECORDING OF PERSONAL APPERANCE HEARING

A

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

*Change the Reason and Authority to Secretarial Authority.

 

SICNATURE OF BOARD PE

 

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, BE WING, 3°” FLOOR

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER
FD2002-0418

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, Mr. John
Zangas of the American Legion, at Andrews AFB, MD on April 23, 2003.

   

GENERAL: The applicant appeals for a change of the Reason for discharge.

  
   

     
   

The following additional exhibits were submitted at the hearing:

     

Exhibit 5: Applicant’s contentions

Exhibit 6: AF Form 7248, Performance Feedback, undated

Exhibit 7; Memorandum from (RRM answer to 377 SVS question, 10 Jul 01

Exhibit 8: Memo from @QQgggggiiawame. record of verbal counseling, 13 Jul 01

Exhibit 9: Memo for 377 SVS/CC, Abandoned Vehicles in Auto Hobby Shop Storage Lot, 17 Jul 01

Exhibit 10: Memo from 377 MDOS/SGOHF, Family Maltreatment Case Management Team Minutes,
13 Jul 01

Exhibit] 1: AF Form 1587, Military Equal Opportunity Complaint Summary, 27 Jul 01

Exhibit 12: Memo for 377 ABW/ME, explanation of allegations, MEO complaint, 30 Jul 01

Exhibit 13: 377 ABW/JA Suspense Reports (3), 8 Aug 01, 15 Aug 01, 27 Nov 01

Exhibit 14: Memo from 377 ABW/JA, Letter of Counseling, 9 Aug 01; applicant’s reply, 10 Aug 01

Exhibit 15: Summary of Interview, 14 Aug 01; Supplement to Interview, 19 Aug 01

Exhibit 16: Memo from 377 ABW/JA, Response to applicant’s Response to LOC dated 9 Aug 01
(exhibit 14), 27 Aug 01; applicant’s reply, 17 Sep 01

Exhibit 17: Memo from @qgge@aragen QQ Incidents, 12 Oct 01

Exhibit 18: Memo from 377 ABW/JA, Letter of Admonishment, 16 Oct 01

Exhibit 19: Letter from 377 ABWAIG, response to applicant’s 19 Sep 01 complaint to IG, 16 Oct 01

Exhibit 20: Memo from 377 ABW/CC, Notification of Commanding Officer Referral for Mental Health
Evaluation, 18 Oct 01

Exhibit 21: Applicant’s reply to 16 Oct 01 LOA (exhibit 18)

Exhibit 22: Memo from 377 ABW/JA, Referral Officer Performance Report, 22 Jan 02; with AF Form
707B, Company Grade Officer Performance Report, 2 Jan 02

Exhibit 23: Applicant’s reply to 22 Jan 02 memo and 2 Jan 02 OPR (exhibit 22)

Exhibit 24: Memo from 377 ABW/JA, Letter of Admonishment, 1 Feb 02; applicant’s reply, 5 Feb 02

Exhibit 25: Memo from 377 ABW/CC, Notification of Show Cause Action, 15 Feb 02; with applicant’s
Response to Notification of Show Cause Action, 4 Mar 02

Exhibit 26: Four pages from applicant’s daily planner, 20 Aug 01 — 2 Sep 01

Exhibit 27: Applicant’s resume

       
   
   
   
   
   
     
     
     
     
     
     
     
       
     
     
   
     
     
   
     
     
     
   
     
     
  
 

  

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

  
 

FINDINGS: Change of Reason for discharge is granted. The DRB finds that the evidence substantiates an
inequity justifying a change of Reason for the discharge.

     
   

  

ISSUES: The applicant was discharged with an honorable service characterization from the Air Force for
unsatisfactory performance. She had two letters of admonishment for failure to go and late for work, one
letter of counseling for failure to go, and one referral Officer Performance Report for unsatisfactory
performance, The applicant complained that she was a victim of racial discrimination and harassment from
her commander, and that she experienced retaliation after she exercised her right to make Military Equal
Opportunity and Inspector General complaints against her commander. She claimed that the discharge
action was too harsh, that her chain of command conspired to illegally eliminate her from the service, and
that the Air Force Personnel Board cooperated in that scheme.

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.

The DRB found no evidence to substantiate racial discrimination by the applicant’s commander or any
member of the Air Force. The applicant provided no evidence of discrimination except that she considered
bias the only possible reason for her commander’s perceived hostility. While there may have been a
personality conflict between the applicant and her commander, there was evidence to show this resulted
from the commander’s dissatisfaction with the applicant’s job performance and attitude. Nor could the
DRB find any evidence to corroborate the applicant’s claim of a conspiracy among the chain of command
or that the Personnel Board cooperated in any such conspiracy.

The DRB also noted that the applicant did not request a resignation in lieu of further administrative action,
an option available to her as mentioned in her wing commander’s 15 Feb 02 memorandum, Notification of
Show Cause Action. In addition, the DRB opined the Personnel Board acted appropriately in disapproving
the applicant’s earlier request for voluntary separation in that there was insufficient justification for

approval under the Miscellaneous Separation criteria.

The DRB did find, however, that the evidence suggests at least the perception of reprisal against the
applicant for making Military Equal Opportunity and Inspector General complaints. While the complaints

themselves were determined to not warrant an investigation, the timing of subsequent administrative actions
and the timing of a referral for a mental health evaluation were suspect and could not be ignored.
Furthermore, the DRB opined the level of administrative actions taken was beyond the severity of the minor
infractions, and thus not appropriate as among the bases for discharge; hence, the discharge was too harsh.

In view of the foregoing findings the board concludes that the applicant’s Reason for discharge is more
accurately reflected as Secretarial Authority.

Attachment:
Examiner's Brief
FD2002-0418
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

pg] (Former CAPT) (HGH CAPT)

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 13 May 02 UP AFI 36-

3206, Chapter 2 (Unsatisfactory Performance) . Appeals to Change Reason and
Authority for Discharge.

2. BACKGROUND:

a. DOB: 20 Jan 65. Enlmt Age: 33 11/12. Disch Age: 37 3/12. Educ: Law
Degree. AFQT: N/A. AFOOT: Unknown. PAFSC: 5133 - Judge Advocate. DAS: 18 Mar
O1.

b. Prior Sv: (1) AFRes 28 Dec 98 - 2 Jan 99 (5 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Appt as 1Lt, ResAF and ordered to EAD 3 Jan 99. Svd: 3 Yrs 4 Mos 11
Das, all AMS.

b. Grade Status: Captain - 3 Jul 99
c. Time Lost: None.
d. Art 15's: None.
e. Additional: LOA, 01 FEB 02 ~- Late for work.
LOA, 16 OCT 01 - Failure to obtain flu shot and attend CFC
meeting.

LOC, 09 AUG 01 —- Failure to attend required meeting.

£. CM: None. \

g. Record of SV: 3 Jan 99 - 2 Jan 00 Kelly AFB YF (Annual)
3 Jan 00 - 2 Jan 01 Kelly AFB YE (Annual)
3 Jan 01 - 2 Jan 02 Kirtland AFB NE (Annual) REF

(Discharged from Kirtland AFB)
h. Awards & Decs: AFCM, AFTR.

i. Stmt of Sv: TMS: (3) Yrs (4) Mos (16) Das
TAMS: (3) Yrs (4) Mos (11) Dag

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 4 Oct 02.
(Change Reason and Authority for Discharge)
FD2002-0418

ISSUES ATTACHED TO BRIEF

ATCH

1. Applicant's Issues.
2. DD Form 214,

3. Discharge Documents.

14 Jan 03/er
FD2002~ OY!) F

Issue: Whether my discharge is unjust and unlawful because it was initiated by my
former supervisor, @QUMARORMINeEN,, in retaliation for (1) making a formal
complaint against her for unlawful discrimination and (2) making a formal complaint
against her for taking reprisals.

Facts:
a. On 27 July 2001, I filed a formal complaint of racial discrimination against we
CMM: vio was at the time my supervisor and Staff Judge Advocate at
* Kirtland AFB, 377 ABW/JA. Following my complaint (RRM mediately
retaliated against me by assigning excessive work, conspiring with another commander to
publicly embarrass me about an overdue suspense and dealing severely with any minor,
unintentional oversight. She or her immediate subordinate began issuing Letters of
Counseling and Admonishment and taking administrative disciplinary action for such
trivial reasons as missing one meeting or failing to take a flu shot on a particular date.

b. After I filed a complaint of racial discrimination with Military Equal
Opportunity (MEO) office, RARE further attempted to initiate a commander
directed physical because of an alleged concer with my fitness for duty. My primary
care physician, qo. explained the following circumstances to me

during my appointment on 6 August 2001. According to QQ, my supervisor
had called my Commander. SaNOMRNNENNREE 377 ABWICC, the previous
week in an attempt to initiate a commander directed physical but that she QUINRRMe)
did not agree that this action was warranted. She did agree, however, to see me to
evaluate my fitness for duty. After examining me, Qe concluded that I was fit
for duty and that calling a Medical Evaluation Board (MEB) was not warranted.

c. On 19 Sept 2001, I contacted the Kirtland AFB Inspector General's office to
report my concerns about (ai retaliation against me. On or about 17
October, the IG's office declined to investigate the allegations. On the very next day after
my exit interview with the IG's office, on 18 October, I was presented with an order to
report for a Mental Health Evaluation (MHE). I have included a copy of this order. The
reasons given for this adverse action are either flimsy or fabricated, subjective, and
completely unsubstantiated. It is clear from the timing of this adverse action that it was
in retaliation for my communicating with the IGs office about prior reprisals

eipesd taken. It was, thus, an unlawful order in violation of federal statute and
DoD regulations which prohibit retaliation against military members for communicating
with an IG about violations of law or regulation and specifically prohibit retaliatory
MHEs.

d. On 30 October 2001, I submitted my application to separate from the Air Force
rather than face further retaliation and harassment. On 2 February 2002, the Secretary of
the Air Force denied my request to separate for miscellaneous reasons. On the same day
that I was notified of this denial, I was informed by Fthat she had initiated
involuntary discharge action against me and that I would be notified of it on that Friday.
Also present during this meeting was USAFR. After my
voluntary request to separate had been dented, | ad promptly
contacted a member of the Air Force Personnel Boar

aiTange an agreement to grant an involuntary discharge against me. and
SEE 3 me the understanding that the Air Force Personnel Board had
fFO2 002 - OWE

agreed to grant an involuntary discharge action. On or about 3 May 2002, despite the
flimsy basis for this discharge action and the highly questionable motives of those taking
it, the Air Force granted the involuntary discharge, allegedly for unsatisfactory

performance.

Conclusion:

a. It is clear beyond any reasonable doubt from the timing and pattern of her
actions a TP retaliated against me for making protected
communications to the MEO office and to the IG's office, in violation of lawful

regulations. She actively sought to obtain my dismissal by any means available to her
and has, indeed, succeeded in her illegal objective. She immediately began constructing
a flimsy case against me by taking unwarranted administrative disciplinary actions and
she continued making unfounded accusations attacking my professional competence.
She attempted to instigate a commander directed physical and successfully instigated an
illegal MHE. All of these adverse actions were motivated by the common purpose of
providing a basis for seeking an administrative discharge, on either performance-related
or medical grounds. In the end, she chose the path most likely to produce the desired

result.
b. It is my belief that the Air Force Personnel Board, to its discredit, failed to

consider the individual circumstances of my case but thoughtlessly granted this

discharge, as previously arranged through SQN. In so doing, they have
participated in@NQIQQAIMMEBes egal scheme of retaliation against me. In the final

analysis, the reason that I was involuntarily discharged from the Air Force is because I
dared to complain about the discrimination, harassment and retaliation I suffered at the
hands of a biased and absolutely unethical person who never hesitated to abuse the
position of authority that she had been given by the Air Force.

c. The reasons advanced for my dismissal are mere pretexts and granting this
discharge was not only grossly unfair but also unlawful. It constitutes retaliation against
a military member for making communications to appropriate officials regarding
violations of DoD and Air Force regulations. | respectfully request the Board to remove
this undeserved stain on my record. I request that my DD Form 214 be corrected so that
it reflects a voluntary separation for miscellaneous reasons rather than an involuntary
discharge for unsatisfactory performance.
Bo | FOBOO2~ OYIE

Item 7. Supporting Documents
d. Document 4: AF Form 780, Officer Separation Actions, dtd 30 Oct 2001
e. Document 5: Notification of Commanding Officer Referral for Mental Health

Evaluation, dtd 18 Oct 2001
’ Cy\FD2002 ~ O0U/&

DEPARTMENT OF THE AIR FORCE |
HEADQUARTERS 377" AIR BASE WING (AFMC)

h
2

   

15 February 2002:

FROM: 377 ABW/CC

SUBJECT: Notification of Show Cause Action Initiated Under AFI 36-3206, Chapter 2,
paragraphs 2.3.1, 2.3.3, 2.3.4 and 2.3.6

I am initiating action against you under AFI 36-3206, chapter 2, paragraphs 2.3.1, 2.3.3, 2.3.4
and 2.3.6 that requires you to show cause for retention on active duty.

I am taking this action because of:

(a) You failed to attend required meetings, including the Family Maltreatment Case
Management Team meeting on 8 Aug 01, for which you were given a Letter of Counseling, dated
9 Aug 01. (Atch 1)

(b) You failed to obtain a flu shot and failure to go to the weekly Combined Federal

Campaign core team meeting, for which you were given a Letter of Admonishment, dated 16 Oct
01. (Atch 2)

(c) On 1 Feb 02 you reported to work 15 minutes late for which you were given a Letter
of Admonishment, dated 1 Feb 02. (Atch 3) and

(d) You have shown a distinctive apathy and defective attitude towards your duties and
efforts to counsel you as evidenced by your referral OPR which closed out on 2 Jan 2002.
(Atch 4)

The least favorable character of discharge that the Secretary of the Air Force may approve in this
case is under honorable conditions (general). Attached are copies of documentary evidence to
support this action.

Sign and date the attached indorsement acknowledging receipt of this notification memorandum.
A copy of this notification memorandum will be provided to you. If you decline to acknowledge
receiving this notification memorandum, the officer presenting it to you will show on it the date
and time that you declined to acknowledge receiving it and it will be included as a part of your
case file.

Familiarize yourself with AFI 36-3206, particularly the rights that you have. If you do not apply
for retirement or request a resignation in licu of further administrative action, an AFPB will
convene as provided in chapter 6 of AFI 36-3206. You may contact the Area Defense Counsel,
at DSN 896-6701, to discuss the procedures involved and your rights
XJ © 02002 ~0u1 F

and options. If you decline counsel, you may contact the Acting Chief, Military Personnel Flight,
Te. located at 1451 Fourth Street, SE, phone: 846-5628, for counseling about

your rights and options.

Within 10 calendar days after you receive this notification memorandum, you must respond by
indorsement to me. If I do not receive the indorsement within the allotted time I will proceed
with further action under AFI 36-3206. Include in your indorsement the following:

% a. Any statement you wish to submit on your own behalf and/or any additional evidence that
you wish me to consider. If you are unable to submit your statements or documentary evidence
within 10 calendar days after receiving this notification memorandum, you may request more
time as allowed under AFI 36-3206. Submit your request for additional time directly to me. If
you do not submit statements or evidence, your failure will constitute a waiver of your right to do
so and J will refer your case to the AFPB.

b. A statement that SURNAM ounseled you and that you fully understand your rights
and options in this action. If you decline counsel, so state and indicate (MPF chief, name and
grade) counseled you and that you fully understand your rights and options in this action.

c. A statement that you understand the following regarding recoupment of education
assistance, special pay, or bonuses received if you haven’t completed the period of active duty
you agreed to serve: .

Recoupment of a portion of education assistance, special pay, or bonus monies received if
you voluntarily separate.

Recoupment of a portion of education assistance received if involuntary discharge is for
misconduct.

The recoupment in all cases is an amount that bears the same ratio to the total amount or cost
provided to you as the unserved portion of active duty bears to the total period of active duty that

you agreed to serve.

d. A statement notifying me whether you intend to apply for retirement or tender your
resignation. If you have applied for retirement or tendered your resignation, attach a copy of the
retirement application or the resignation.

e. A statement that the area defense counsel or the chief, Military Personnel Flight, explained
separation pay to you and that you understand the eligibility criteria to receive separation pay.

f. Any other pertinent information.
In response to this notification memorandum, you may, within 10 days, tender your resignation

under AFI 36-3207, chapter 2, section B, with the understanding that, if the Secretary of the Air
Force accepts your resignation, you may receive a discharge under honorable conditions (general)
f\ £Dp 2002 -0y/&

. e
ees

unless the Secretary of the Air Force determines that you should receive an honorable discharge.

If the Secretary of the Air Force accepts your resignation, your discharge date will be as soon as
possible but no later than 10 calendar days after the date that the MPF receives separation

instructions.

I have not taken action required under AFI 31-501. You may request excess leave if the Air
Force doesn’t require your further participation in processing your case.

} USAF

 

Attachments:
LOC, dated 9 Aug 01, plus responses
LOA, dated 16 Oct 01, plus responses

LOA, dated 1 Feb 02, plus response
Referral OPR, dated 13 Feb 02, plus response

AFT 36-3206

AFT 36-3207
Other Pertinent Documents — 2 MFR on Verbal counselings

a (OS St eS Be

1* Ind (Respondent)
MEMORANDUM FOR 377 ABW/JA

I acknowledge receiving your Notification of Show Cause Action, dated [5 fe eb 02 with

attachments at [4 : 05 hours on February 2002.

   

377 ABWIJA