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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ah. AB
PERSONAL APPEARANCE X RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

MEMBERS SITTING
a X
TX
x
X
xX
ISSUES INDEX NUMBER on EXELTE oO Pee
A94,53, A92.37 A67.10 1. | ORDER APPOINTING THE BOARD
2. | APPLICATION FOR REVIEW OF DISCHARGE
[3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
26 JUN 03 FD2002-0543

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 and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

Ne

 

SIGNATURE OF REC@RD

 

 

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
Previous edition will be used.

     

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp2092-0543

GENERAL: The applicant appeals for upgrade of discharge to honorable 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 is 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 minor disciplinary infractions. She had two AETC Forms 341,
Discrepancy Report, two Letters of Reprimand, and an Article 15. Her misconduct included twice failing to
remain within the confines of her dormitory room when required to while in phase training, one of those
times being off the installation and then lying about it, being late to formations on two occasions, violating
ano contact order prohibiting contact with a particular airman, and allowing a student of the opposite sex in
her dorm room. At the time of the discharge, member waived her right to consult counsel and submit
statements in her own behalf. The Board noted member was the same age as other airmen who had adhered
to the standards when her misconduct occurred, and she knew right from wrong. She was counseled in an
effort to help her correct her deficiencies and had several opportunities to improve her behavior. She failed
to respond to those rehabilitative efforts. She was responsible for her actions, and therefore held
accountable for them. No inequity or impropriety was found in this discharge in the course of the records
review.

Applicant expressed her desire to enlist in the U.S. Navy and continue serving her nation. While the Board
commends applicant on this desire, and is sympathetic to the impact a General discharge has on her
enlistment opportunities, this is not a matter of equity or propriety that warrants an upgrade.

If she can provide additional documented information to substantiate an issue, the applicant should consider
exercising her right to make a personal appearance before the Board. If she should choose to exercise her
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to
the community.

NS
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
FD2002-0543
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD !

 
 

(Former AB) (HGH Al1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 23 Aug 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Discharge and to Change the RE Code.

2. BACKGROUND:

a. DOB: 7 Mar 83. Enimt Age: 17 6/12. Disch Age: 19 5/12. Educ: HS DIPL.
AFOT: N/A. A-35, E-24, G-52, M-49. PAFSC: 1N211 - Signals Intelligence
Production Student. DAS: 8 Mar 02.

b. Prior Sv: (1) AFRes 14 Sep 00 - 20 Jun 01 (9 months 7 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 21 Jun 01 for 6 yrs. Svd: 1 Yrs 2 Mo 3 Das, all AMS.

b. Grade Status: AB - 15 Jul 02 (Article 15, 15 Jul 02)
Alc - 14 Jul O1

ec. Time Lost: None.

d. Art 15’s: (1) 15 Jul 02, Corry Station, FL - Article 92. You, having
knowledge of a lawful order issued by MSGT ----~---- , to
wit: a no contact order to have no type of communication
with Airman ------ , dated 28 Jun 02, an order which it
was your duty to obey, did, on divers occasions, between
on or about 3 Jul 02, fail to obey the same by
wrongfully continuing to communicate with Airman ------ ,
You, who knew or should have known of your duties, on or
about 29 Jun 02, were derelict in the performance of
those duties in that you willfully allowed a student of
the opposite sex to accompany you in your dorm room and
therefore, failed to adhere to the phase program, as it
was your duty to do. Reduction to Airman, 30 days
restriction (suspended) .*(No appeal) (No mitigation)

e. Additional: LOR, 04 JUN 02 - Violation of Phase II privileges.
LOR, 13 MAY 02 - Violation of Phase checks and lying.

AETC 341, 29 APR 02 - Late for formation.
AETC 341, 12 APR 02 - Late for formation.

£. CM: None.

g. Record of SV: None.
FD2002-0543
(Discharged from NTTC Corry Station)
h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (10) Das
TAMS: (1) Yrs (2) Mos (3) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 10 Dec 02.
(Change Discharge to Honorable and Change the RE Code)

Issue 1: I would like to re~enlist into the US Navy. I have contacted the
MEPS and the only thing holding me back is my Re-enlistment code.

Issue 2: I feel I have improved my self as a person through my military
training and would like to continue serving the USA.

ATCH

1. Two Training Certificates.
2. Letter of Recommendation.
3. Training Certificate.
Sent By: a13TRS; 452 6259; Aug- 5- 02 15:26; Page 7/9

Pp 2002 - DSESS

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

% FROM; 313 TRS/CC
SUBJECT: Notification Memorandum

1. Iam 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. Ifmy
recommendation is approved, your service will be characterized as honors ble or general. Iam
recommending that your service be characterized as general,

2. My reasons for this action are:

a. On or about 12 Apr 02, you were late to a formation. This was documented on an AETC
Form 341 on 12 Apr 02.

b, On or about 29 Apr 02, you were late to a morning formation. This was documented on an
AETC Form 34? on 29 Apr 02.

c. Ou or about 05 May 01, you were not in your room during phase checks, Further you
stated that you were walking around on base for personal reasons and you were found to be off
base during this time. Your comments were known to be untruthful at the time you made them.
This was documented on a Letter of Reprimand on 13 May 01.

. d. Onor about 31 May 02, you were not in your room during Morale, Health and Welfare
inspection in violation of your Phase II privileges. This is documented on a Letter of Reprimand
on 03 Jun 02.

e. On or about 28 Jun 02, you having knowledge of a lawful order issued by MSgt SQM
MMe 0 wit: ano contact order to have no type of communication with A, BB cca an
order which it was your duty to obey, did, at or near Corry Station, Pensacola, Florida, on divers
occasions, between, on, or about 29 Jun 02 and on or about 03 Jul 02, fail 10 obey the same by
wrongfully continuing to communicate with Amn Addi jonally, on or about
29 Jun 02, you who knew or should have known of your duties, at or riear (Corry Station,
Pensacola, Florida, were derelict in the performance of those duties in that you willfully allowed
a student of the opposite sex to accompany you in your dorm room and thecefore, failed to adhere

to the phase program, as it was your duty to do. For these offenses, you received an AF Form
3070 (Article 15), on 16 Jul 02.
sent By: BIsiHS; 452 62593 Aug-5-02 15:26; Page 8/9

so eS fp2e0Z- bE 4G

3. Copies of the documents to be forwarded to the separation authority is support of this
recommendation are attached. The commander exercising SPCM jurisdic tion or a higher
authority will decide whether you will be discharged or retained in the Ai: 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 and any special pay, bonus, or education assistance funds may
be subject to recoupment.

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

You will telephone ¢,. ff ene arp Area Defense Counsel at _in 126 1Aug AFB, via DSN: 477-5“ 70
for consultation. 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 at_pgere Unless you
request and receive an extension for good cause shown. will send ther 1o the separation

authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute 4 waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the Physical Exams
Section of the clinicon a suger. at egou _ for the examination,

8. Any personal information you furnish in rebuttal is covered by the Priv icy Act of 1974. A
copy of AFI 36-3208 is available for your use in the Unit Orderly Room.

 

Attachments:

AETC Form 341, dated 12 Apr 02

AETC Form 341, dated 29 Apr 02

Letter or Reprimand, dated 13 May 02
Letter or Reprimand, dated 04 Jun 01

AF Form 3070 (Asticle 15), dated 15 Jul 02

ese NS