AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

   

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
SRA
PERSONAL APPEARANCE X RECORD REVIEW

   

1 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING

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ISSUES INDEX NUMBER i Aut pee re rae
A94,53, A94,05, A93.07, A67.10 jy | ORDER APPOINTING THE BOARD
493.11 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-05-07 FD2002-0490 COUNSEL'S RELEASE TO THE BOARD
‘ ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

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 RECORDER o

 

SR Dn

SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
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.

  
 
 

 

SAF/MIBR.
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | sp9002-0490

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

Issues. Applicant was discharged for misconduct, minor disciplinary infractions. She had a Letter of
Counseling, a Letter of Reprimand (LOR), and an Article 15. Her misconduct included failure to obey a
lawful order of a superior noncommissioned officer, insubordinate conduct toward noncommissioned
officers, and writing nine worthless checks totaling about $1442.00 with intent to defraud. These occurred
over a 10-month period of time. In her reply to the Article 15, she noted personal and family problems and
stress, and also said she realized she had made.some mistakes and accepted responsibility for her poor
judgment. In her reply to the LOR, she disputed the facts and stated she was a “good troop” and deserved
an honorable discharge. At the time of the discharge, applicant consulted counsel and waived her right to
submit statements on her own behalf. The record reflects member had a lack of regard to her financial
obligations. This conduct could have been tried by court-martial and subject to a punitive discharge. The
Board found that applicant committed a serious offense that does not warrant a characterization of
honorable, which is only appropriate when the member’s service has been so meritorious that any other
characterization would clearly be inappropriate. Applicant was age 25 and 26 when her misconduct
occurred, and there is no evidence that she was immature and did not know right from wrong. The Board
felt member was given the opportunity to improve her behavior and was either unwilling or unable to do so.
There is no evidence that the discharge was inequitable or improper. The Board finds the applicant’s
discharge to be appropriate and in accordance with Air Force policy.

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
FD2002-0490

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

mn (Former A1C) (HGH SrA)

1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 2 Sep 97 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:
»

a. DOB: 22 Feb 69. Enlmt Age: 23 2/12. Disch Age: 28 6/12. Educ: HS DIPL.
AFQOT: N/A. A-90, E-43, G-57, M-15. PAFSC: 4P051 ~- Pharmacy Journeyman.
DAS: 13 Oct 92.

b. Prior Sv: (1) AFRes 1 May 92 - 12 May 92 (12 days) (Inactive).

(2) Enlisted as AMN 13 May 92 for 4 yrs. Svd: 3 yrs 0 months
12 days, all AMS. AIC - 13 Mar 93. SrA - 13 May 95. EPR: 3,5.

3. SERVICE UNDER REVIEW:
a. Reenlisted as SRA 26 May 95 for 6 yrs. Svd: 2 Yrs 3 Mo 7 Das, all AMS.

b. . Grade Status: A1C - 17 Jan 97 (Vacation, Article 15, 1 Aug 97}

c. Time Lost: None.

d. Art 15’s: (1) 1 Aug 97, Dover AFB, DE - Article 91. You did, on or
about 15 Jul 97, treat with disrespect in language
toward MSgt ------- , a noncommissioned officer, then

known by you to be a noncommissioned officer, who was
then in the execution of his office, by making
statements to him in a disrespectful tone, by saying to
him, "Why do you have to have your nose in my damn
business" and "I think that's a bunch of shit", or words
to that effect. You did, on or about 15 Jul 97, treat
with disrespect in language toward SSgt ------- , a
noncommissioned officer, then known by you to be a
noncommissioned officer, who was then in the execution
of her office, by making several statements to her ina
disrespectful tone, by saying to her, "I'm not coming
back there and I don't give a damn what you or the First
Sergeant say", "I don't give a damn what happened to
me", "I hope you're happy about this shit", "I hope
you're satisfied with all this damn mess", or words to
that effect. Article 92. You did, having knowledge of
a lawful order issued by MSgt -~---- to submit letters
“from -~--+-- , an order which it was your duty to obey,
at or near Dover AFB, Delaware on or about 14 Jul 97,
e.

FD2002-0490

fail to obey the same by wrongfully not submitting them
to MSgt -~---- by the date requested. Reduction to A1C.
{No appeal) (No mitigation)

(2) 17 Jan 97, Dover AFB, DE - Article 123a. Specification

1: You did, between on or about 8 Jun 96 and on or
about 14 Jun 96, with intent to defraud and for the
procurement of things of value, wrongfully and
unlawfully make and utter to the ------- certain checks
for the payment of money drawn upon the ------- Credit
Union, as follows:

08 Jun 96, Ck# 1127, $150.00
09 Jun 96, Ck# 1131, $150.00
12 Jun 96, Ck# 1145, $150.00
12 Jun 96, Ck# 1146, $ 22.00
13 Jun 96, Ck# 1148, $150.00
14 Jun 96, Ck# 1155, $150.00

of a total amount of $772.00, and signed "------- " or

w-------," then knowing that you, the maker thereof, did
not or would not have sufficient funds in or credit with -
said credit union for payment of said checks in full

upon their presentment.

Specification 2: You did, at or near Myrtle Beach,
South Carolina, between on or about 3 Jul 96 and on or
about 6 Jul 96, with intent to defraud and for the

procurement of -~----- gift certificates and/or other
things of value, wrongfully and unlawfully make and
utter to ------- , certain checks for the payment of
money drawn upon the ------- Credit Union, as follows:

03 Jul 96, Ck# 1169, $500.00
04 Jul 96, Ck# 1170, $600.00
06 Jul 96, Ck# 1171, $600.00

of a total amount of $1700.00, and signed "------- " or
Wo------ ," then knowing that you, the maker thereof, did
not or would not have sufficient funds in or credit with
said credit union for the payment of said checks in full
upon their presentment. Suspended reduction to Alc, and
45 days extra duty. (No appeal) (No mitigation)

Additional: LOR, 20 AUG 97 - Insubordinate conduct toward

CM:

None.

noncommissioned officers and a failure to
obey orders.

LOC, 27 SEP 96 ~- Financial irresponsibility.
FD2002-0490

g. Record of SV: 13 Jan 95 - 12 Jan 96 Dover AFB 5 _ (Annual)
13 Jan 96 - 12 Jan 97 Dover AFB 4 £(Annual)

(Discharged from Dover AFB)
h. Awards & Decs: NDSM, AFLSAR, AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (5) Yrs (4) Mos (2) Das
TAMS: (5) Yrs (3) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 4 Nov 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

14JAN03/ia
Pip zen -9 SFO
DEPARTMENT OF THE AIR FOR’, U.S. AIR FORCE

i }
HEADQUARTERS 436TH AIRLIFT WING (A. _)

 

19 ~ 1997

8 Aug 97
Me, 436 MDSS

  

MEMORANDUM FOR AIG
FROM: 436 MDSS/CC
SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If

you are discharged, your discharge will be characterized as honorable or general or under other
than honorable conditions. I am recommending that your service be characterized as general.

2. My reason for this action is:

DATE INCIDENT ACTION ATCH
14 Jul 97; disobey direct order; Article 15 Vacation la
15 Jul 97 disrespect of noncommissioned Action, dated 1 Aug 97
officer (on 2 separate occasions)
8 Jun 96 - Writing bad checks totaling Article 15, dated 17 Jan97 1b
6 Jul 96 $2,472.00 with intent to defraud

No Date Failure to pay justs debts LOC, dated 27 Sep 96 lc

Copies of the documents to be forwarded to the separation authority to support 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 ineligible

for reenlistment in the Air Force.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
T have made an appointment for you to ns i 206, Rm 1, x6995, on_ 1

Aug 97 at 0906 hours. You may consult 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_}5 Aug 97 unless you request and receive an
extension for good cause shown. I will send them to the separation authority.
PDZLOZ- OFFO

a

5. 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.

6. You have been scheduled for a medical examination on_|4 Aug 97 at _@14-5 hours in
Bldg 305.

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 Orderly Room.

 

Attachments:
1. Supporting Documents:
a. Article 15 Vacation Action, 1 Aug 97
b. Article 15, dated 17 Jan 97
c. LOC, dated 27 Sep 96
2. Airman's Receipt of Notification Memorandum
fox OFF O°

|
DEPARTMENT OF THE AIR FOnCcE
HEADQUARTERS 496TH AIRLIFT WING (AMC)

 

‘MEMORANDUM FOR SRAQ(g SED

FROM: 436 MDSS/CC
SUBJECT: ADDENDUM - Notification Memorandum, dtd 8 Aug 97

1. Tam still recommending your discharge from the United States Air Force for minor disciplinary
infractions, and recommend your service be characterized as general. Iam changing my original
notification memorandum as follows: Paragraph 2. My reason for this action is: Date - 14 Jul 97; 15 Jul
97; Incident - disobey order; disrespect of noncommissioned officer (on 2 separate occasions); Action -
Article 15 Vacation Action dated 1 Aug 97; Atch 1a has been superseded with the Action taken as Letter
of Reprimand (LOR); however, the date, incident and atch remain as stated.

2. You have the right to consult counsel, Military legal counsel has been obtained to assist you. You may
consult civilian counsel at your own expense.

3. You have the right to submit statements in your own behalf. Any statements you want the separation
authority to consider must reach me by Aug 97 unless you request and receive an extension for

good cause shown. I will send them to the’separation authority.

4. 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.

5. “Any person 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.

 

Ist 1nd Se

TO: 436 MDSS/CC

I acknowledge receipt at_/o2 2 2. tus, on AOAKG- 9 7 I understand that I have
until 27 ALG g 2 (5 workdays) to provide any comments and/or documents I wish to be
considered.

 

AMC--GLOBAL REACH FOR AMERICA

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To: 436 MDSS/CC

have not provided comments and/or documents.
e ° pop Fe 222 OF7 0

2 20 August 1997

MEMORANDUM FOR 436 MDSS/CC

FRO

 

SUBJECT: ADDENDUM - 436 MDSS CC’s Addendum - Notification Memorandum,
dtd 8 Aug 97

1. In response to my commander’s addendum regarding my Notification Memorandum dated
8 August 1997, | hereby waive my right to submit any additional statements. In regards to the
Article 15 Vacation action that has now been superseded with the LOR action, [ ask that my

original response to the Article 15 Vacation action now to be used as my response to the LOR

action.

2. Thank you for your time and consideration in this matter.