\—____

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
eee A1C —_—_—| agua
TYPE ,
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ™

  

   
 

VOTE OF THE BOARD

 

 

HON GEN VOTHC OTHER

 

 

 

 

 

INDEX NUMBER

A67.10

ISSUES
A94.05

 

=
HEARING DATE

24 JUN 03

CASE NUMBER

FD2003-0037

 
   

REMARKS

Case heard at Washington, D.C,

submit an application to the AFBCMR.

 

SIGNATURE OF

 

INDORSEMENT:-

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL: ARE DISCUSSED. ON THE ATTACHED AIR FORCE DISCHARGE REVIEW: BOARD DECISIONAL RATIONALE.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

SIGNATURE OF BOARD PRESIDENT

 

 

 

 

 

 

 

 

 

 

“hs EXHIBITS SUBMITTED TO THE BOARD
1 | ORDER APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE
3

 

 

LETTER OF NOTIFICATION

ff

4 | BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

 

 

 

. DATE: 24 JUN:03
OIE 2 TR AAR EL EROS RR ECE
TO: FROM:
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 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0087

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends that her discharge was too harsh because she didn’t have a security clearance
and hasn’t done her job since she arrived on station. The record indicates the applicant received three
Letters of Reprimand for dereliction of duty, failure to obey an order, being disrespectful to an NCO, and
Unauthorized use of a government vehicle. In addition, she also received three Records of Individual
Counseling for a security violation, being late for work and sending pornographic material by email and
inappropriate use of a government computer. The Board opined that these disciplinary infractions had
nothing to do with the fact that she did not have a security clearance. The Board concluded the applicant’s
misconduct was a significant departure from conduct expected of all military members. The
characterization of the discharge received by the applicant was found to be appropriate. The Board found
no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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
FD2003-00057
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ms (Former A1C) (HGH A1C)
nl:

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 16 Apr 02 UP AFI 36-

3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 2 Feb 80. Enlmt Age: 20 1/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOT: N/A. A-54, E-32, G-37, M-27. PAFSC: 3C131 - Radio Communications
Systems Journeyman. DAS: 18 Aug 00.

b. Prior Sv: (1) AFRes 2 Mar 00 - 11 Apr 00 (1 Month 10 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 12 Apr 00 for 4 yrs. Svd: 2 Yrs 0 Mos 5 Das, all AMS.

b. Grade Status: AIC - 12 AUG 01
AMN - 12 OCT 00

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 06 MAR 02 - Dereliction of duty by failing to turn in
ID Card.

LOR, 30 AUG 01 - Failure to obey and order.

LOR, 22 AUG 01 - Disrespect to an NCO.

RIC, 15 AUG 01 - Sending pornographic material by e-mail
and inappropriate use of a government
computer.

RIC, 19 JUL O01 - Late for work.

RIC, 01 JUN 01 - Security violation by mishandling
classified material.

LOR, 08 FEB 01 - Unauthorized use of a government vehicle.

£. CM: None.
g. Record of SV: 12 Apr 00 - 11 Dec 01 Beale AFB 2 (Initial) REF

(Discharged from Beale AFB)

h. Awards & Decs: AFTR, CIB.

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (15) Das
TAMS: (2) Yrs (0) Mos (5) Das
FD2003-00057

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Feb 03.
(Change Discharge to Honorable)

Issues: I feel because I was an airman that didn't have a security
clearance, been stationed @ Beale AFB for almost 2 yrs, haven't done my job a
day since I've been their (sic). I may not know to (sic) much about the process
of discharge - but according to my ADC lawyer their wasn't enough paperwork to
discharge me. The ADC lawyer's letter is also enclosed to packet my request is
for an upgrade & if possible my MGIB.

ATCH
1. Discharge Case File.
2. DD Form 214.

24Mar03/er
_ £22003 ~6008S7
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 9TH RECONNAISSANCE WING (ACC)
BEALE AIR FORCE BASE, CALIFORNIA

 

25 March 2002

  
 

MEMORANDUM FOR@@Rm

FROM: 9 MSS/CC

SUBJECT: Letter of Notification

1, lam recommending your discharge from the United States Air Force for Minor Disciplinary
Infractions. The authority for this action is AFI 36-3208, paragraph 5.49. Ifmy recommendation
is approved, your service will be characterized as general. Copies of the documents to be
forwarded to the separation authority to support this recommendation are attached and will also
be provided to your Area Defense Counsel.

2, My reasons for this action are:

a, You were, on or about 21 December 2000, cited for “Inattentive Driving Causing an
Accident” while operating the Command Post government vehicle for the purpose of an official
errand to the Military Personnel Flight. For this misconduct you received a Letter of Reprimand,

dated 8 February 2001 (atch 1).

b. You did, on or about 1 June 2001, obtain the door combinations to a classified open storage
area from aaellnanaalibiiie, then e-mailed these combinations to RRA ver
unclassified e-mail. You were trained that combinations to containers and secure areas should be
protected to the same level as the material they contain. For this misconduct you received a
Record of Individual Counseling dated 1 June 2001 (atch 2).

c. You were, on or about 19 July 2001, late for duty after being briefed by TS gt ar
that your duty starts at 0730 every day. For this misconduct you received a Record of Individual

Counseling, dated 19 July 2001 (atch 3).

d. You did, on or about 6 August 2001, send “Pomographic Material” over a government
owned computer. For this misconduct you received a Record of Individual Counseling dated
15 August 2001 (atch 4),

e. You were, on or about 22 August 2001, disrespectful in your language, conduct, and
questioning of a direct order given by an NCO appointed over you, when ordered to stay past
regularly scheduled duty hours. At no time should an NCO, in the performance of their official
duties, be subjected to the attitude and language you displayed towards them. For this misconduct
you received a Letter of Reprimand, dated 22 August 2001 (atch 5).

Global P OWET for America
1522 002- ©8064

f. You were, on or about 29 August 2001, instructed to attend the Commander’s Airman
Breakfast at 0700 on 30 August 2001; you failed to report on time. For this misconduct you
received a Letter of Reprimand dated 30 August 2001 (atch 6).

‘« g. You were, on or about 6 March 2002, informed of your impending discharge. You were
than issued a temporary ID card. Your first sergeant, MSgt we asked you for your
permanent ID card and you gave him a card that was issued 17 august 2000 that you had reported
as lost the day before. At no time did you make mention of or offer to turn in the ID card issued
26 February 2002. On 28 February 2002, Major itordered you to surrender both ID cards
within 20 minutes. You returned 10 minutes later with both ID cards. For this misconduct you
received a Letter of Reprimand dated 6 March 2002 (atch 7).

3. Copies of the documents to support this recommendation will be given to you at your ADC
appointment and will be forwarded to the separation authority. The commander exercising
SPCM jurisdiction or a higher authority will decide whether you will be discharged or retained in
the Air Force. 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 with Cap tteiiitgagat the Area Defense Counsel's Office,
Building 2179, Room 102, ext 2081, on_.26 March 2002 , at_1300_. 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 29 March 2002 , at_1300 hours, 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 Physical Exams on
28 March 2002 at 0800 for the examination. If you wear contact lenses, please wear your

 

prescribed glasses. If you have a family history of Diabetes you need to fast 14 hours prior
to your appointment. Bring a snack for afterwards.
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 in your orderly room or at Separations in the
Military Personnel Flight.

 

Attachments:

1. LOR, 8 Feb 01
LOC, 1 Jun 01
LOC, 19 Jul 01
LOC, 15 Aug 01
LOR, 22 Aug 01

LOR, 30 Aug 01
LOR, 6 Mar 02

SSP Yh