AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
pumn AMN | Q0SRSND Iie
TYPE *

GEN" PERSONAL APPEARANCE X RECORD REVIEW

 

 

%) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

YES

MEMBERS SITTING

 

 

 

 

  
  
   

ISSUES
A92.37, A94.53, A72.01

INDEX NUMBER

A67.50

 
  

 

ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

     
     
 
  
   
    

HEARING DATE

12 JUN 03

CASE NUMBER
FD2002-0524

 

| 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.

SIGMATURE OF BOARD PRESIDENT

 

SAF/MIBR
350 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.

 

AFHQ FORM 0-2077, JAN 00
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 a pattern of misconduct. Pursuant to her guilty pleas, member was
convicted at Special Court Martial for conspiring with a civilian to commit larceny of about $2200.00 from
various retail stores, ten specifications of stealing money from various stores, three specifications of
stealing merchandize from various stores, and making a false official statement. She was sentenced to a
reduction of two pay grades, forfeitures, and 30 days restriction. At the time of the administrative discharge
processing, applicant consulted counsel but waived her right to submit a statement in her own behalf. The
records also disclosed member had been diagnosed with an adjustment disorder with depressed mood and a
borderline personality disorder. The Board noted member repeatedly committed very serious acts of
misconduct that had a tendency to bring discredit to the armed forces in the eyes of the surrounding civilian
community and for which she could have received a punitive discharge. Member was over age 20 when her
offenses occurred, essentially the same age as other airmen who complete their terms of service honorably
with no such record of criminal behavior. There was no evidence she did not know right from wrong, so
she was responsible for her actions and properly held accountable for them. 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
FD2002-0524

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

(Former AMN) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 14 Mar 02 UP AFI 36-
3208, para 5.50 (Pattern of Misconduct). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 4 Jul 80. Enlmt Age: 17 3/12. Disch Age: 21 8/12. Educ: HS DIPL.
AFOT: N/A. A-87, E-62, G-59, M-22. PAFSC: 4T031 - Medical Lab Apprentice.

DAS: 10 Jan 00.

b. Prior Sv: (1) AFRes 27 Oct 97 - 8 Sep 98 (10 Mos 13 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AlC 9 Sep 98 for 6 yrs. Svd: 3 Yrs 6 Mos 6 Das, all AMS.

b. Grade Status: AMN - 25 Oct O01 (SPCM #1, 28 Nov 01)
SRA - 09 Jan O1

c. Time Lost: None
d. Art 15’s: None.

e. Additional: None.

f. CM: Special Court Martial Order No. 1, 28 November 2001.
CHARGE 1: Article 81. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near San Antonio, TX, on or about

Dec 00, conspire with --------- to commit an offense under the
UCMJ, to wit: larceny of money, of a value of about $2,200, the
property of various retail stores in San Antonio, TX, including

He ooe ses and -~--------, and in order to effect the object of the

conspiracy stopped payment on credit union drafts tendered as
payment for merchandise at said various retail stores in San

Antonio, TX.
CHARGE II: Article 121. Plea: Guilty. Finding: Guilty.

Specification 1: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $204.74, the property of ------- .

Specification 2: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money, of a value
FD2002-0524

Of $213.59, the property of ~------ :

Specification 3: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $215.64, the property of ------- :

Specification 4: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $204.93, the property of ------- .

Specification 5: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money and
merchandise, of a value of $68.06, the property of ------- .

Specification 6: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money and
merchandise, of a value of $134.14, the property of ------- .

Specification 7: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal mechandise, of a

value of $83.18, the property of ------- .

Specification 8: Did, at or near San Antonio, TX, between on or
about 13 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $204.70, the property of ------- :

Specification 9: Did, at or near San Antonio, TX, between on or
about 14 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $136.82, the property of ------- .

Specification 10: Did, at or near San Antonio, TX, between on or
about 14 Dec 00 and on or about 15 Dec 00, steal money, of a value
of $215.62, the property of ------- j

Specification 11: Did, at or near San Antonio, TX, between on or
about 14 Dec 00 and on or about 15 Dec 00, steal merchandise, of a
value of $81.68, the property of -~----- .

Specification 12: Did, at or near San Antonio, TX, between on or
about 14 Dec 00 and on or about 15 Dec 00, steal merchandise, of a
value of $86.29, the property of ------- .

Specification 13: Did, at or near San Antonio, TX, between on or
about 14 Dec 00 and on or about 15 Dec 00, steal mechandise, of a
value of $296.63, the property of ------- .

CHARGE III: Article 107. Plea: Guilty. Finding: Guilty.

Specification: Did, at Lackland AFB, TX, on or about 2 Jan 01,
with intent to deceive, make to A1C ---~-----~-- , 37°" SPs, an
FD2002-0524

official statement, to wit: "I noticed my wallet was missing on
11 Dec 00." or words to that effect, which statement was totally
false, and was then known to be so false. Sentence adjudged by
officer members on 11 Oct 01: Reduction to AMN, forfeiture of
$779.00 per month for 2 months, and 30 days restriction.

g. Record of SV: 9 Sep 98 - 15 Apr 00 Lackland AFB 5 (Dir by HAF)
16 Apr 00 ~ 15 Apr 01 Lackland AFB 3. (Annual)

(Discharged from Lackland AFB)

h. Awards & Decs: AFR.

i. Stmt of Sv: TMS: (4) Yrs (4) Mos (16) Das
TAMS: (3) Yrs (6) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 7 Dec 02.
(Change Discharge to Honorable)

ev

NO ISSUES SUBMITTED

ATCH
1. Two Letters of Recommendation.

26Feb03/cr
oN f 3 FPE2002-O52Y4

DEPARTMENT OF THE AIR FORCE
WILLFORD HALL MEDICAL CENTER (AETC)

 

0 8 JAN 2002

 

MEMORANDUM FOR #4 ati

FROM: 859 MDTS/CC

SUBJECT: Notification Memorandum

1. I am 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. If
my recommendation is approved, your service will be characterized as Honorable or General. I
am recommending that your service be characterized as General (under Honorable conditions).

2. My reasons for this action are:

a. On or about December 2000, you did, at or near San Antonio Texas, conspire with a

civilian Ciena) to commit an offense under the Uniform Code of Military
Justice, to wit: larceny of money, of a value of about $2,200, the property of various retail stores

in San Antonio, Texas. In order to effect the object of the conspiracy, you stopped payment on
credit union drafts tendered as payment for the merchandise at said various retail stores in San
Antonio, Texas in violation of Article 81 (Conspiracy). For this offense, you were referred to a
special court-martial.

b. Between on or about 13 Dec 01 and on or about 15 Dec 01 did commit the following
offenses, for which you were referred to a special court-martial.

(1) Steal money, of a value of $204.74, the property of Target.

(2) Steal money, of a value of $213.59, the property of Home Depot.

(3) Steal money, of a value of $215.64, the property of Wal-Mart.

(4) Steal money, of a value of $204.93, the property of Target.

(5) Steal money, of a value of $68.06, the property of H-E.B.

(6) Steal money, of a value of $134.14, the property of Adbertson’s.

(7) Steal money, of a value of $204.70, the property of K-Mart.

(8) Steal money, of a value of $136.82, the property of K-Mart.

(9) Steal money, of a value of $215.62, the property of Wal-Mart.

(10) Steal merchandise, of a value of $81.68, the property of Foot Action.
(11) Steal money, of a value of $86.29, the property of Foley’s.

(12) Steal merchandise, of a value of $296.63, the property of Journey’s.
. | a . £P2002-OF5 24
c. On or about 2 I anuary 2001, at Lackland Air Force Base, "Texas, you did knowingly

make a false official staterfient, with intent to deceive 10 sealinaalisteeadigi 37 SES, to wit:

“T noticed my wallet was missing on 11 December 2000,” or words to that effect in violation of
Article 107 (False Official Statements). For this offense, you were referred to a special court-

martial.

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 service will be characterized. If you are discharged, you will] be ineligible
for reenlistment in the Air Force.

a
“ia

4. You have the right to counsel. Military Legal Counsel has been obtained for you. I have
made an appointment for you to consult __L caa)\ +e] at Building Number 1000, on & SANOZ

at 133© hours. You may consult civilian counsel at your own expense. If employed, civilian
counsel must be readily available.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three workdays, 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 Building 6612, Rm
502, Monday through Friday, between 1300 - 1500 with your medical, immunization, and
dental records for the examination.

8. 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 at the Clinical Support Orderly Room.

  

Col, USAF, BSC

Commander

Attachments:
1. Report of Investigation, dated 24 J an 01
2. Report of Result of Trial, dated 11 Oct 01