AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| cngieeestapione, _|AMN | _mReanniman
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER

A92.37, A94,53, A93.19 A67.90

ORDER APPOINTING THE BOAR

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

HEARING DATE CASE NUMBER

I

2

3 | LETTER OF NOTIFICATION
[4 BRIEF OF PERSONNEL FILE

 

12 JUN 03 FD2002-0509 COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

   

REMARKS

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 RECARO ° - : ; ‘] SIG (AtiaR oF BOARD PRESIDENT
n } Nit i ni Os

 

 

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, EE WING, 3” FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

AFHQ FORM 90-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 7002-0509

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 conduct prejudicial to good order and discipline. She had an Article
15, a vacation of suspended punishment, a Letter of Reprimand, and a Record of Individual Counseling.
Her misconduct included failure to go, sleeping on duty, theft, and drunk driving. At the time of the
discharge, member consulted counsel and waived her right to submit a statement in her own behalf. The
Board noted member was given several opportunities to correct her behavior but was either unwilling or
unable to do so. Member was age 21 to 22 when her misconduct happened, the same age as other airmen
who honorably complete their service without misconduct. There was no evidence she was immature, or
didn’t know right from wrong. The Board determined member was responsible for her actions and was
held accountable for them because her misconduct was disruptive to the unit. The Board did not find
sufficient mitigation to warrant an upgrade, and 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
FD2002-0509
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

qu”, (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 13 Oct 00 UP AFI 36-
3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 1 Apr 78. Enlmt Age: 19 8/12. Disch Age: 22 6/12. Educ: HS DIPL.
AFQT: N/A. A-85, E-68, G-55, M-23. PAFSC: 28031 - Ground Radar Systems
Apprentice. DAS: 13 Mar 99.

b. Prior Sv: (1) AFRes 19 Dec 97 - 26 May 98 (5 months 8 days) (Inactive).

3. SERVICE UNDER REVIEW:

®

a. Enlisted as AB 27 May 98 for 6 yrs. Svd: 2 Yrs 4 Mos 17 Das, all AMS.

b. Grade Status: AMN - 11 Sep 00 (Article 15, Vacation, 27 Sep 00)
AlC - (EPR Indicates): 27 May 98-15 Jan 00)

c. Time Lost: None.

d. Art 15's: (1) 27 Sep 00, Vacation, Columbus AFB, MS - Ariticle 1il.
You did, on or about 24 Sep 00, at the East Gate,
physically control a vehicle, to wit: a passenger car,
while the blood concentration in your breath was .10
grams of alcohol per 210 liters of breath or greater, ag
shown by chemical analysis. Reduction to Amn,

(No appeal) (No mitigation)

(2) 11 Sep 00, Columbus AFB, MS - Article 121. You did, on
or about 25 Aug 00, steal merchandise, of a value of
about $21.00, the property of ------------- . Suspended
reduction to Amn. (No appeal) (No mitigation)

e. Additional: LOR, 16 AUG 99 - Sleeping on duty.

RIC, 27 JUL 99 - Failure to report to work on time, failure
to adhere to customs and courtesies, and
failure to adhere to established
procedures.

£. CM: None.

_g. Record of SV: 27 May 98 - 15 Jan 00 Columbus AFB 4 (HAF Dir)
16 Jan 00 - 31 Aug 00 Columbus AFB 3. (CRO)
‘ FD2002-0509

‘

(Discharged from Columbus AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (9) Mos (25) Das
TAMS: (2) Yrs (4) Mos (17) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 20 Nov 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

24FEB03/ia
e @ Poz6ece- 05 °7

DEPARTMENT OF THE AIR FORCE

AIR EDUCATION AND TRAINING COMMAND

4 OCT 7000

 

FROM: 14 CS/CC
SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for Pattern of
Misconduct. The authority for this action is AFPD 36-32, Military Retirements and Separations
and AFI 36-3208, Administrative Separation of Airmen, Section H, Paragraph 5.50.2. If my
recommendation is approved, your service will be characterized as honorable or general. I am
recommending that your service be characterized as general.

2. My reasons for this action are:

a, On 27 Jul 99, while temporarily assigned to the Security Forces Squadron, you received a
letter of counseling, AF Form 174 (See Atch 1), from your supervisor SrA SRI bes for
failing to report to work on time, for failure to adhere to customs and courtesies, and failure to

adhere to established procedures.

b. On 16 Aug 99, again while temporarily assigned to the Security Force Squadron, you were
observed sleeping at the East Gate. For this, the Operations Superintendent of Security Forces
gave you an LOR, (See Atch 2).

c. On 25 Aug 00, you were caught stealing merchandise out of the Columbus Air Force Base
Main Exchange. For this, I imposed against you nonjudical punishment under Article 15, of the
UCMSJ. Your punishment consisted of a suspended reduction to airman (See Atch 3).

d. On 24 Sep 00, you were caught operating a passenger vehicle while intoxicated. The
blood concentration in your breath was .191, well over the legal limit of .10. For this, I vacated
the suspended portion of your punishment, which consisted of a reduction in grade to airman
(See Atch 4 & 5).

i
4

3. Copies of the documents to be forwarded to the separation authority in support of 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 discharge will be characterized. If you are discharged, you will be
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance

funds may be subject to recoupment.
& GS FD 222 2~ 0509

  

‘ ” 4.°You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consult Captggeiiby telephone on 4 Oct 00 at 1400.
The telephone number for the Defense Counsel at Keesler AFB is DSN 5979S (228) 377- |

am You may 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 COB {0 Oct 00 (three workdays from
your receipt of this notification memorandum) unless you request and receive 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 Columbus AFB
Clinic, Physical Exam Section at 1230 on 5 Oct 00 for the examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act. A copy of
AFT 36-3208 is available for your use in your unit orderly room.

9, Execute the attached acknowledgment and return it to me immediately.

 

6 Attachments:

AF Form 174, 27 Jul 99

LOR, 16 Aug 99

AF Form 3070, 11 Sep 00

. AF Form 366, 27 Sep 00

Intoxilyzer Results, 24 Sep 00

Airman’s Receipt of Notification Memorandum

DAWAYNO