4
- AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES" [No |
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN DOTHC OTHER DENY
X
xX
X
xX
Ce x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD: -
A94,53, A92.37, A67.09 A67.90 {1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-03-07 FD2002-0466 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

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

 

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 the right to
submit an application to the AFBCMR.

DATE: 03-03-07

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
ft 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 | yp 902-0466

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

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

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

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues, Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. She
had four Letters of Reprimand (LOR), a Record of Individual Counseling, two Articles 15, and an
Unfavorable Information File. Her misconduct included three instances of failure to go, failure to obey a
lawful order of a superior noncommissioned officer, disrespect to her supervisor, failure to obtain authority
for off-duty employment, failure to pay her delinquent government travel card debt, failure to follow a
technical order, and making a false official statement. These occurred over a 9-month period of time. The
Board noted that when her misconduct occurred, member was the same age as other airmen who had
adhered to the standards, and in spite of the unit’s efforts to help member correct her deficiencies, she was
not motivated enough to conform to standards and her misconduct continued. At the time of the discharge,
applicant waived her right to submit statements on her own behalf, after consulting counsel. She was
counseled by her unit several times in an effort to help her correct her deficiencies and had many
opportunities to improve her behavior. She failed to respond to those rehabilitative efforts, so she was held
accountable for her actions. No inequity or impropriety was found in this discharge in the course of the
records review.

Applicant cited her desire to receive his G.J. Bill education benefits as justification for an upgrade. While
the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of
equity or propriety that warrants an upgrade.

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
FD2002-0466
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH Al1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 1 Mar 02 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline) .
Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 20 Apr 79. Enlmt Age: 20 2/12. Disch Age: 22 10/12. Educ: HS DIPL.
AFOT: N/A. A-87, E-56, G-52, M-47. PAFSC: 2W131F - F-16 Aircraft Armament
Systems Apprentice. DAS: 11 Feb 01.

b. Prior Sv: (1) AFRes 16 Jul 99 - 21 Sep 99 (2 months 6 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as Amn 22 Sep 99 for 4 yrs. Svd: 2 Yrs 5 Mo 8 Das, all AMS.

b. Grade Status: AB - 31 Jan 02 (Article 15, 31 Jan 02)

AMN - 29 Nov O1 (Article 15, 29 Nov 01}
Alc - 22 Jul 00

c. Time Lost: None.

d. Art 15's: (1) 31 Jan 02, Luke AFB, A% - Article 86. You did, on
divers occasions between on or about 11 Sep 01 and on or
about 2 Jan 03, without authority, fail to go at the
time prescribed to your appointed place of duty.

Article 107. You did, on or about 11 Jan 02, with
intent to deceive, make to TSgt ---~--- , an official
statement, to wit: I was a passenger on a motorcycle, or
words to that effect, which statement was totally false,
and was then known by you to be so false. Reduction to
AB, and 45 days restriction. (No appeal) (No mitigation)

(2) 29 Nov 01, Luke AFB, AZ - Article 86. You did, on or
about 8 Nov 01, without authority, fail to go at the
time prescribed to your appointed place of duty.
Reduction to Amn and 14 days extra duty. (No appeal) (No
mitigation)

e. Additional: LOR, 13 AUG 01 - Failure to obey an order or regulation and
financial irresponsibility.
LOR, 08 AUG 01 - Failure-to return to duty after lunch.
LOR, 31 JUL 01 - Failure to obey a lawful general
regulation by obtaining part-time
employment without the approval of the
FD2002-0466

commander.

LOR, 20 JUN 01 - Failure to perform duties and disrespect
to supervisor.

RIC, 15 MAY 01 - Refusing to be trained.

£. CM: None.
gq. Record of SV: 22 Sep 99 - 15 Jun 01 Luke AFB 4 (Initial)

(Discharged from Luke AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (7) Mos (14) Das
TAMS: (2) Yrs (5) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 24 Oct 02.
(Change Discharge to Honorable)

Issue 1: I am writing this letter to request my discharge be upgraded to
honorable. I realize I was discharged for my own actions and that I cannot
change or take back those actions. I am requesting the upgrade for the purpose
of being able to use my G.I. Bill. As you are probably already aware of, it is
extremely difficult to succeed in the same degree I had hoped without an
education. When I was discharged from the United States Air Force, my career
took a turn I was not ready for. I had completed some of my college education
prior to joining the Air Force and I had hoped that joining the military would
help me figure out what I wanted to get my degree in. I have found through my
experience in the Armed Forces as well as through my family and friends that I
would make an excellent teacher. Now that I know what I want to do, I would
hope that my past mistakes I made growing up would not hinder my future.

The military has taught me so many things. Now that I have a chance to pass on
my experiences as well as lessons to others who are growing and learning, it is
something I would love to do. Even though I wag discharged from the military, I
still have many more positive memories than I could ever remember versus the
negative ones that got me into trouble. I have enclosed letters of character
from an old supervisor as well as a co-worker, both I have known since I was
stationed at Luke AFB, Please take my request into consideration and understand
if I could change those moments that I failed as an Airman, I would. Thank you
for you (sic) time in this matter and if you need to contact me for any reasons
please call me.

ATCH
1. Two Character References.

4FEBO3/ia
1 Bue 856 2212 P,@8713

FD2222-0 YES

awewes 2p reo Url

DEPARTMENT OF THE AIR FORCE

56th Equipment Muintenance Squadron (AETC)
Luke Air Force Base, Arizona

 

DATE: '(Feboz

MEMORANDUM FOR

 

FROM: 56 EMS/CC

a SUBJECT: Notification Memorandum

l. Lam recommending your discharge from the United States Air Force for a Pattern of
Misconduct. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2. If
imy recommendation is approved, your service will be characterized as honorable, general, or
under other than honorable conditions, I am recommending your service be characterized as
general.

2. My reasons for this action are:

a. On 14 May 01, you failed to follow orders from a superior noncommissioned officer. A
Record of Individual Counseling, dated 15 May 01, evidences your misconduct.

b. On 19 Jun 01, you were disrespectful to your supervisor, A Letter of Reprimand. dated 20
Jun 01, evidences your misconduct.

¢. Between 15 Jul 01 and 31 Jul 01, failed to obey a lawful general regulation, A Lettcr of
Reprimand, dated 31 Jul 01. evidences your misconduct,

d. On8 Aug 01, you failed to go to your appointed place of duty at the time prescribed. A
Letter of Reprimand, dated 8 Aug 01, evidences your misconduct,

e. On 3 Aug 01, you failed to make payment to your government travel card. A Letter of
Reprimand, dated 13 Aug 01, evidences your misconduct. An Unfavorable Information File
(UIF) was established.

f. On 8 Nov 01, you failed to go to your appointed place of duly at the time prescribed. An
Article 15, dated 29 Nov 01, evidences your misconduct. Your punishment included reduction
to E-2, and 14 days extra duty. The Article 15 was filed in your existing UIF.

* g. On 11 Sep 01, you failed to go to your appointed place of duty at the time prescribed. On
1} Jan 02, you made a false official statement to 8 noncommissioned officer. An Article 15,
dated 31 Jan 02, evidences your misconduct, Your punishment included reduction to E-1 and
restriction to Luke Air Force Base for 45 days.
pe oe ee mrs ee ae ee er at 1 8H4 OSD ¢ziac Pr.

: PR202- OFC

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation will be provided to you. The commander exercising special court martial
jurisdiction or a higher authority will decide whether you will be discharged or retained in the

Air Force, If you are discharged, you will be ineligible for reenlistment in the United States Air
Force and will likely be denied enlistment in any component of the armed forces. Any special
pay, bonus, or education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult the Area Defense Counsel, at Building 1150,
Suite 3015, Luke Air Force Base, Arizona, extension 6701, on 14) fe Ib OZ at _O4o0D hours.
You may consult civilian counsel at your own expense.

2
txt

5. You have the right to subniil statements on your own AN Any statements you want the
separation authority to consider must reach me by | 4 Fe O2. _ unless you request and
receive, in writing, an extension for good cause shown, J will forward any statements you
submit to the separation authority as part of this package.

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

7. You must retrieve your medical records from 56th Medical Group Hospital Outpatient
Records Section and report to Physical Examinations Section, building 810, with your medical
records and a copy of this discharge package for medical review and/or examination.

8. The Privacy Act of 1974 covers all personal information you furnish in rebuttal. A copy of
AFI 36-3208 is available for your use in the Orderly Room.