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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

  

 

 

 

 

   
 

"NOTE OF TAR ROARD

 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE | AFSN/SSAN
:— ee AB
TYPE
PERSONAL APPEARANCE X RECORD REVIEW
“=| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL y

 

 

 

 

 

 

 

 

 

 

 

 

 

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ISSUES INDEX NUMBER oo : i
A93.01 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
27 JUN 03 FD2003-0063 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 
 
   

 

 
   
 

ee ae ees ae a

 

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.

 

 

 

 

| ANDREWS AFR, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.

 

 

 

R FDIS CHARGE REM SR DPE Le uaaeneeee Te

: si : wid Masta by 4

  

e ae RSEMENT a gee E: 27, JUN 03:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” FLOOR

or
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0063

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 does not contest her discharge; she states that she was young and immature and now
realizes she made a mistake. The record indicates the applicant received two Article 15s, the first for failure
to go, breaking a no-contact order and stealing a money order from another airman. The second one was for
failure to go (five times), being disrespectful, and for breaking restriction. In addition, she received two
Letters of Reprimand for failure to go and failure to obey a lawful order and lying, and she received a Letter
of Counseling for failure to go. The applicant contends that she should not be penalized indefinitely for a
mistake she made when young. The DRB recognized the applicant was 19 years of age when the discharge
took place. However, there is no evidence she was immature or did not know right from wrong. The Board
opined the applicant was older then the vast majority of first-term members who properly adhere to the Air
Force’s standards of conduct. 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
FD2003-00063
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Aug 01 UP AFI 36-3208,
para 5.49 (Misconduct -~ Minor Disciplinary Infractions). Appeals for Honorable
Discharge, and to Change the RE Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 27 Nov 81. Enlmt Age: 18 $/12. Disch Age: 19 8/12. Educ: HS DIPL.
AFQT: N/A. A-65, E-47, G-41, M-28. PAFSC: 3A031 - Information Management
Apprentice. DAS: 24 Nov 00.

b. Prior Sv: (1) AFRes 25 May 00 - 6 Jun 00 (13 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 7 Jun 00 for 4 yrs. Svd: 1 Yrs 1 Mo 28 Das, all AMS.

b. Grade Status: AB - 6 Jun 01 (Article 15, 6 Jun 01)
AMN - 7 Dec 00

c. Time Lost: None.

gd. Art 15’s: (1) 11 Jul 01, Davis-Monthan AFB, AZ - Article 86. You
did, on or about 7 Jun 01, without authority, fail to go
at the time prescribed to your appointed place of duty.
You did, on or about 10 Jun 01, without authority, fail
to go at the time prescribed to your appointed place of
duty. You did, on or about 21 Jun 01, without
authority, fail to go at the time prescribed to your
appointed place of duty. You did, on or about 27 Jun
01, without authority, fail to go at the time prescribed
to your appointed place of duty. You did, on or about
29 Jun 01, without authority, fail to go at the time
prescribed to your appointed place of duty. Article 91.
You were, on or about 29 Jun 01, disrespectful in
language toward SSgt ------- , a noncommissioned officer,
then known by you to be a noncommissioned officer, who
was then in the execution of his office, by saying to
him, "not to be rude but just because you say you will
be there doesn't mean I will," and "I have a ride, I do
not need your assistance with this crap," or words to
that effect. Article 134. You, having been restricted
to the limits of Davis-Monthan AFB, AZ, by a person
authorized to do so, did, at or near Tucson, Arizona, on
or about 29 Jun 01, break said restriction. Forfeiture
of $150.00 pay per month for 2 months, restriction to
FD2003-00063

Davis-Monthan AFB, AZ, for 45 days, 45 days extra duty,
and a reprimand. (Appeal/Withdrawn) (No mitigation)

(2) 6 Jun 01, Davis-Monthan AFB, AZ - Article 86. You did,
on or about 23 May 01, without authority, fail to go at
the time prescribed to your appointed place of duty.
Article 92. You, having knowledge of a Jawful order
issued by MSgt ------ , to wit: .not to have any personal
contact with A1C ------- , Gated 17 Apr O01, an order
which it was your duty to obey, did, on or about 15 May
01, fail to obey the same by wrongfully having personal
contact with A1C ------- . Article 121. You did, on or
about 3 Mar 01 and on or about 4 Mar 01, steal a money
order, of a value of about $200.00, the property of AIC
rote . Reduction to AB, 45 days restriction, and 45
days extra duty. (No appeal) (No mitigation)

e. Additional: LOR, 08 MAY 01 - Failure to go.
LOR, 27 APR O1 - Failure to obey a lawful order and lying.
LOC, 12 MAR O1 - Failure to go.

£. CM: None.
g. Record of SV: Nohe.

(Discharged from Davis~Monthan AFB)
he Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (2) Mos (10) Das
TAMS: (1) Yrs (1) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 13 Dec 02.
_ (Change Discharge to Honorable Discharge, and to Change the RE Code, Reason
and Authority for)

Issue 1: I, the undersigned served on Active for a period of 1 yr, 1 month,
26 days. In the Air Force. I love the military, however, I must admitt (sic)
that I was very young, 18 years of age, in-experience (sic). Now that I have
become old, with more experience, I now realize what a-mistake I made. I have
readapted (sic) to civilian life, which is attested to by attach (sic) exhibit
A,B, & C. I. would love to return to active duty, and I can assure you that I
will make a good service person. Thanking you in advance for your cooperation,
for a discharge upgrade to strait. (sic) Honorable.

ATCH
1. DD Form 214.
2. Three Character References.

26MAR03/ia
) | i ‘|

DEPARTMENT OF THE AIR FORCE
612TH AIR INTELLIGENCE SQUADRON (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

JUL 26 2001

 

MEMORANDUM FOR a
FROM: 612 AIS/CC
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Aiur Force for misconduct,
specifically 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 may be _
characterized as honorable or under honorable conditions (general). I am recommending your
service be characterized as general.

2. My reasons for this action are:

a, Between on or about 3 Mar 01 and on or about 4 Mar 01, you stole a $200 money order
from another airman. Also, on or about 15 May 01, you failed to obey a lawful order not to

have contact with [eRe Also, on or about 23 May 01, you failed to go at

the time prescribed to your appointed place of duty. As a result, you received punishment under |
Article 15 of the UCM] and an Unfavorable Information File (UJF) was established
(Tab a

be On or about 8 Mar 01, you failed to go at the time prescribed to your appointed place of
duty. As-a result, you received a Letter of Counseling (LOC) (Tab B).

c. On or about 17 Apr 01, you failed to obey a lawful order not to have contact with
onmpmannnaine: Asa result, you received a Letter of Reprimand (LOR) (Tab C).
-’ d. Onor about 7 May 01, you failed to go at the time prescribed to your appointed place of
duty. Asa result, you received an LOR (Tab D).

e. On divers occasions between on or about 7 Jun 01 and on or about 29 Jun 01, you failed
to go at the time prescribed to your appointed place of duty. Also, on or about 29 Jun 01, you
were disrespectful in language to a noncommissioned officer; and you broke restriction. As a
result, you received punishment under Article 15 of the UCMI (Tab E).

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

Global Pp ower Jor Anerica
F200 3 ~CCPEF

for reenlistment in the Air Force and will probably be denied enlistment in any component of the
armed forces and any special pay, bonus, or education assistance funds may be subject to

recoupment.

“4. You have the right to consult counsel. Military legal counse/iiiiamaaapnngiiaaaa

AFLSA/ADC, 228-5664, has been obtained to assist you. An appointment has been scheduled
for you to consult him on AA at hours in Bldg 3510. 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 unless you request and receive an
extension for good cause shown. J 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 Physical Exams

Office of the Aeromedical Facility, Bldg 400, Rm 163, at /273___, on Z7#%40/for the
examination.

 

8. You have been scheduled for an initial outprocessing briefing. You must report to the
Military Personnel Flight (MPF), Separations Element, Bldg 3200, Rm 20, at_/7QO0O on
ZF Tvé O/ for the briefing. If you have questions, please call 228-5366.

9. 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 Area Defense Counsel’s office,

Bldg 3510.

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

FOR

       

[EF COMMANDER

apt, USAF

Section Commander
Attachments:
1. Supporting Documents
a. AF Form 3070, Record of Nonjudicial Punishment, 6 Jun 01 (3 pages) w/Evidence and
MFRs (24 pages); AF Form 1137, UIF Summary
b. LOC, 12 Mar 01
c. LOR, 27 Apr 01 (2 pages)
d. LOR, 8 May 01 (2 pages) w/Evidence and MFR (2 pages)
e. AF Form 3070, 11 Jul 01 (4 pages) w/Evidence and Response (22 pages)
2. Airman's Receipt of Notification Memorandum