-- 

- 

-- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

PERSONAL APPEARANCE 

NAME OF COUNSLL AND OR ORGANlZAl ION 

X  RECORD REVIEW 
AUUKESS A N D  OR ORGAN17ATION OF COllNSEL 

I 

I 

- - - - - - - -- 

MEMBERS SI'TTTNG 
- - - - - - - - - - - - - - - - - - 

YO IX OF TnE B o r n  

HON 

GEN 

U O T H ~  

OTHER 

- 

2 

7 

1 

- - - - - - - - - - - - -  
1SSIlES 
A92.35,  A92.15, A93.01 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
INDEX NUMBER 
A67.10 

CASE NUMBER 
FD2002-0501 

1 

I 

Case heard at Washington,  D.C. 

DENY 
X 
X 

X 

X 

X 

1 
2 
3 
4 
- 

EXIIIBTTS SUBMITIXI3 TO TkiE BOARa 

ORDER APPOINTING THE BOARD 

APPLICATION FOR  REVlEW OF DISCHARGE 

LETTER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL, APPEAMNC:E 

/  TAPE KECORDING OF PERSONAL APPERANCE HEARING 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SAFIMIBR 
5.50 C STREET WEST, SUITE 40 
RANDOLPH AFB, 7X 78150-4742 

SECRETARY OF THE ALR  FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCHARGE 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. 

AIR FORCE DISCHARGE FWiVIEW BOARD DECISIONAL RATIONALE 

CASE NUMHER 

Fn2002-0501 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for her discharge, and to change her reenlistment code. 

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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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, minor disciplinary infractions.  She had three Letters of 
Reprimand (LOR), an Article 15, and an Unfavorable Information File.  Her misconduct included failure to 
obey  a  lawful  order  of  a  superior  noncommissioned  officer,  altering  and  canceling her  own  leave  slip 
without  authority,  leaving  her  place  of  duty  without  authority,  and  fraudulently  using  her  roommate's 
personal  long  distance  telephone  card  to  make  50  unauthorized  calls  totaling  about  $235.00.  These 
occurred over a 12-month period of time.  At the time of the discharge, applicant waived her right to consult 
counsel and  submit statements on her own behalf,  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.  Although given several opportunities to improve her behavior, member 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. 

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 

DEPARTMENT OF  THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AMN) 

1,  MATTER  UNDER REVIEW:  A p p l   recrd a GEN Disch fr USAF 13 Oct 98  UP AFT 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2 .   BACKGROUND: 

a. DOB: 18 Feb 77.  Enlmt Age:  20 0/12.  Disch Age: 21 7/12. Educ: HS DIPL. 
AFQT:  N/A.  A-36,  E-38,  G-46,  M-28. PAFSC: 4A031 - Health Services Management 
Apprentice. DAS: 16 Oct 97. 

b.  Prior Sv: (1) AFRes 5 Mar 97 -  3 Jun 97 ( 2   Mos 29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  4 Jun 97 for 4 yrs.  Ext: 14 Jul 98 for 21 months. Svd: 1 Yr 

4 Mos 10 Das, all AMS. 

b.  Grade Status:  AMN -  4 Dec 97 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 3 Ock  97, Sheppard AFB, TX -  Article 134.  You did, on 
divers occasions between on or about 8 Aug 97 and on or 
about 26 Aug 97, with intent to defraud, falsely and 
wrongfully use Airman Basic - - - - - - - - - - -   long distance 
calling card by pretending to be entitled to use such 
services, then knowing that the pretenses were false, 
and by means thereof did wrongfully obtain from - - - - - -  
Telephone and Telegraph services, of a value of about 
$234.94, to wit:  long distance telephone calls. 
Forfeiture of $250.00 pay per month for 2 months, and a 
reprimand.  (No appeal  (No mitigation) 

e.  Additional: LOR, 17 AUG 98 -  Failure to obey a lawful order. 

LOR, 19 JUN 98 -  Committed a fraudulent act by altering and 

cancelling a leave form after the fact. 

LOR, 02 MAR 98 -  Left duty area without authority. 

E .   CM:  None. 

g.  Record of SV: None. 

(Discharged from F E  Warren AFB) 

h.  Awards &  Decs:  AFTR.. 

i.  Stmt of  Sv:  TMS:  (1) Y r   (7)  Mos  (9) D a s  
TAMS:  (1) Y r   ( 4 )   Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Nov 02. 

(Upgrade Discharge to Honorable, and Change to Reentry Code, Reason and 

Authority) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Two Letters of Appreciation. 
4. Two Certificates of  Appreciation. 

MEMORANDUM FOR UNITED STATES AIR FORCE WVIEW BOARD 

FROM 

Bums, WY 82053 

SUBJECT:  Change of Official 'Military Record 

13 Nov 02 

'a, 

1.  I 
r 
discharged with.  Y SPD code is Jm. 

am requesting a change to my official military 
Reenlistment Code of 213  that I was 

2.  I do understand that I was wrong with what I did and am very sony for the 

mistake I made.  To my credit I was very young, naive, and did not think of the 
consequences of my actions.  Since the time of my mistake I have been done 
much growing up and have been very ashamed of my actions that I took while in 
the Air Force. 

I am asking for another chance to prove that I can be a role model Military asset. 
Specifically, I am asking for my Reenlistment Code to be changed to a code that 
would permit me to re-enter the Air Force, Air Force Reserve, or Air National 
Guard.  Although I made a mistake while in the Air Force, I do not belief the 
current Reenlistment Code reflects my true character of service.  When on look 
back on my period of service with the Air Force there were many positive 
contributions I made compared to my one mistake.  The Reenlistment Code that I 
received reflects my one mistake, but reflects nothing of all the positive service 
prior to that one mistake.  I understand and assume full responsibility for my 
mistake and would deeply appreciate another chance to be eligible to join the 
service. 

4.  Thank you in advance for taking the time to review my request.  If you have any 

questions of me please call me at any time.  My home phone number is: 
, - - - - - - 

- - - - - - - - - - - - -  
- - - - - - - - - - - - - -  

Attch: 

1.  DD214 
2.  Letter of Appreciation 
3.  Thank You Letter 
4.  Thank You Certificate 
5.  Certificate of Appreciation 

DEPARTMENT OF THE AIR  FORCE 

90TH SPACE WING (AFSPC) 

FD ZQQ r- &go/ 

MEMORANDUM FOR 

FROM:  90 MDSSICC 

,,,.=, 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and MI 36-3208, paragraph 5.49. 
If my recommendation is approved, your service will be characterized a s  honorable, general or 
under other than honorable conditions.  I am recommending that your service characterized as 
honorable. 

2. My reasons for this action are: 

a.  On or about 14 Aug 98, you failed to obey a lawful order to file all paperwork in the 

personnel information files.  You received a Letter of Reprimand (LOR) on 17 Aug 98. 

b.  On or about 17 Jun 98, you altered and canceled a leave form, AF Form 988, without prior 

approval. You received an LOR on 19 Jun 98. 

c.  On or about 27 Feb 98, without authority, you left your place of duty, to wit:  Building 

150,90th Medical Group Commander's Call.  You received an LOR on 2 Mar 98. 

d.  You did, at or near Sheppard Air Force Base, Texas, on divers occasions between on or 
out 26 Aug 97, with intent to defiaud, falsely and wrongfully use 

ong distance calling card by pretending to be entitled to use such 
t the pretenses were false, and by means thereof did wronghlly obtain 

from American Telephone and Telegraph services, of a value of about $234.94, to wit:  long 
distance telephone calls.  You received an Article 15 on 3 Oct 97 and had an Unfavorable 
Information File (UIF) established. 

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 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. 

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 with an attorney at the Area Defense Counsel's 
Office, Bldg. 292, ext. 3248, on  0  0 L+ 98  at 
civilian counsel at your own expense. 

I A30  . You may consult 

GUARDIANS OF THE  HIGH FRONTIER 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of the 
notification letter, that date being C Y  &.$-  % , unless you request and receive an extension for 
good cause shown.  I will send any statements you submit to the separation authority for his 
consideration. 

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.  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 your squadron orderly room. 

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

Attachments: 
1.  LOR, dated 17 Aug 98 
2.  LOR w/Atchs, dated 19 Jun 98 
3.  LOR w/Atch, dated 2 Mar 98 
4.  AF Form 3070 w/Atchs, dated 3 Oct 97