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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE MITIAL) 

GRADE 

AFSNISSAN 

1  GEN 

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PERSONAL APPEARANCE 

I  X  RECORDREVIEW 

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HEARING DATE 
03-05-07 

CASE NUMBER 
FD2002-0530 

I Case heard at Washington, D.C. 

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I 2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
4 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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 

TO: 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

PROM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

SECRETARY OF T I E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WWG, 3"  FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

6 

CASE NUMBER 

FD2002-0530 

GENERAL:  The  applicant appeals  for  upgrade  of  discharge  to  honorable,  to  change the  reason  and 
authority for the 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  the  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  an Article  15, 
Letter of Reprimand, and an Air Education and Training Command Form 125A, "Record  of Administrative 
Training  Action."  Her  misconduct  included  failure  to  report  on  time,  failure  to  meet  performance 
standards, and being absent without leave (AWOL) for 20 days.  Applicant now contends she was told that 
upon completion of her Article 15 punishment, she would be allowed to remain in the service.  The record 
reflected member had washed out of her first technical training course to be a Medical Service Apprentice 
due to difficulty with the skills application portion;  she was retained and allowed to  begin cross-training 
into the Vehicle Operator Apprentice Course.  While there she decided to leave of her "own  free will" with 
no  one  but  her  husband,  also  an  airman, knowing  of  her  plan.  In  a  signed  sworn  statement, member 
admitted that her reason for doing so was "unclear"  and she possibly had "a  problem with authority."  She 
further  stated  she wanted  to  return to  civilian life.  In response to  her  Article  15, she submitted a letter 
requesting  to  be  discharged  and  advising her  commander not  to  waste  time  sending her to  correctional 
custody because that was "reserved for Airmen willing to give the Air Force a second chance" but would be 
a waste for her because her mind was made up "to  choose another path."  She further stated that she was 
unhappy with her life, and didn't  envision herself being in the Air Force in the future.  At the time of the 
discharge, member waived  her  right to  consult counsel or submit further statements on her behalf.  The 
Board cannot condone member's very serious misconduct and could not find any evidence in the record to 
substantiate her contentions now.  Her conduct was a significant departure from the standards expected of 
airmen and had a detrimental effect on good order and discipline. No inequity or impropriety was found in 
this discharge in the course of the records review. 

The applicant cited her desire to return to military service.  While the Board commends applicant on this 
desire, and  is  sympathetic to  the impact a  General discharge has  on her  reenlistment code, 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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DXSCHARGE REVIEW BOARD 

ANIIREWS  AFB,  W3 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF 23 Aug 00 UP AFI 3 6 -  
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge, and Change to Reentry Code, Reason and Authority. 

2 .  BACKGROUND : 

a. DOB: 17 Jan 78.  Enlmt Age: 21 8/12.  Disch Age: 22 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-92,  E-43,  G-SO,  M-49. PAFSC: 2Tlll - Vehicle Operations Helper. 
DAS: 21 Apr 00. 

b.  Prior S v :   (1) AFRes 20 Sep 99 -  19 Oct 99 (1 Month) (Inactive). 

3 .   SERVXCE UNDER  REVIEW: 

a.  Enld as AB 20 Oct 99 for 6 yrs. Svd: 0 Yrs 10 Mos 4 Das, of which AMS 

is 9 Months and 15 Das  (Ex: 19 Das lost time) 

b.  Grade Status:  AB  -  16 Jun 00 (Article 15, 16 Jun 00) 

A1C -  Unknown 

c.  Time Lost:  22 May 00 -  9 Jun 00 (19 Days) 

d.  Art 15,s:  (1) 16 Jun 00, Fort Leonard Wood, MO -  Article 86.  You, 
did, on or about 22 May 00, without authority, absent 
yourself from your unit, and did remain so absent until 
on or about 10 Jun 00.  Reductioin to AB, and 30 days 
correctional custody. (Supplementary action to Article 
15 changed 30 days correctional custody to 30 days extra 
duty) .  (No appeal) (No mitigation) 

e.  Additional: AETC FORM 125A, 10 APR  00 -  Failure to meet performance 

LOR, 29 MAR 00 -  Failure to report on time. 

requirements. 

f.  CM:  None. 

g.  Record of SV: None, 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (0) Yrs  (10) Mos  (15) Das 
TAMS: (0) YXS  (9) MOS (15) Das 

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4 .   BASIS ADVANCED FOR REVIEW:  AppLn  (DD Fm 293) dtd 4 Dec  02. 

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

Authority) 

Issue 1:  When I was on active duty status I was punished for violatoin of 

article 86 UCMJ.  My punishment was loss of rank to E-1, and 45 extra duty days. 
My punishment was met and I was told I would continue to serve in the United 
States Air Force.  In August I was then informed I would be discharged for the 
same violation of the Article 86 UCMJ I was previously punished for. 

Issue 2:  For the reason I feel my discharge should not of taken place and I 

wish to have the chance to return to active duty status.  I fully understand 
that I will have the rank of E-1 and have to finish a AIT  (Tech) class.  I:  also 
understand the hard work ahead of myself to prove to the United States Air Force 
I am deserving of being part  of the best branch of the service. 

Issue 3:  I thank you for your time and I hope the answer that I will 

recieve (sic) back from you will put me back in the uniform I have longed for 
for two years. 

ATCH 
1. Applicant's Letter. 

1. 

A . U ~ - ~ ~ - O O T U E O ~ : ~ ~ A M  

366TRS  DET7 FLWMO 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

FAX: 5735961 604 

PACE  2 
FD-2  -08) 

1 5 Aug 00 

FROM:  366 TRS, DET 7/CC 
18 1  Cooley Ave Ste A 
Fort Leonard Wood, MO 65473-895 1 

SUBJECT: Notification Memorandum 

I .   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 AFI 36-3208, paragraph 5.49. If my 
recommendation is approved, your service will be characterized as honorable or under honorable 
conditions (general).  1 am recommending that your service be characterized as under honorable 
conditions (generaI). 

2.  My reasons for this action a-e; 

a.  You who knew or should have known of your duties a# or near Sheppard AFB, TX, on or 
about 29 Mar 00 were derelict in the performance of those duties by failing to report t o m  

your Military Training Leader.  For this misconduct, you received a Letter of Reprimand 

(LOR) on 29 Mar 00. 

b.  You did, at or near Fort Leonard Wood MO, on or about 22 May 2000, without authority, 
absent yourself from your unit, to wit: 366th Training Squadron, Detachment 7, and did remain so 
absent until on or about  10 June 2000.  For this misconduct, you received an Article 15 on 16 Jun  . 
2000. 

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 
dischaged, how your service will be characterized.  lf you are discharged, you will be ineligible 
for reenlistment in the Air Force and will probably be denied enlistment in any component of the 
Armed Forces. 

3  You have the right to consult counsel. Military legal counsel has been obtained to assist you. I 
have made an appointment for you to consul- 
telephone,  1-940-676-2 186 at 0900 hours on 16 Aug 00. You may consult civilian counsel at 
your own expense. 

Area Defense Counsel, via 

. A A - ~  

5-00  TUE 00:45  AM 

366TRS DET7 FLW MO 

FAX: 5735961 604 

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PAGE  3 
FU.2 002 - 0 0 ! 2  0 

4.  You have the right to submit statements in your own behalf.  Any statemems you want the 
separation authority to consider must reach me by 18 Aug 00 unless you rcquest and receive m 
extension for good cause shown.  I will send them to the sepmtion authority. 

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

6. You were scheduled for a medical examination at the Consolidated Troop Medical Clinic on 8 
Aug 00 for the examination, 

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. 

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

Commander 

Attachments: 
1.  Lctter of Reprimand, 29 Mar 00 
2.  AF Form 3070, Article 15,  16 Sun  00 
3.  Respanse to Article 1 5, 13 Jun 00 
4.  AT: Form  1 168, AB Kane,  12 Jun 00 
5.  AFForm  116S,ABKane, 12Jun00 
6, 366 TRS, Det 7lCCF Memo, 25 May 00 
7. AF  Form 2098,24  May 00 
8.  AF Form 2098, 12 Jun 00 
9.  AETC Form  125A, 3 1 Jul00 
10. AETC Form 156,000426 
11. AETC Form 581, 8 May 00 
12. AETC Form 125A,  10 Apr 00 
1 j. Student Training Report, 00020 

14. Airman's Receipt of Notification Memorandu d