AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

aie AMN ate,
PERSONAL APPEARANCE RECORD REVIEW

u NAME OF COUNSEL AND OR ORGANIZATION ADORESS AND OR ORGANIZATION OF COUNSEL

 

 

   

MEMBER SITTING

 

 

 

 

 

 

 

 
   

ISSUES A ge ng INDEXNUMBER 4 69 19 1B
I ORDER APPOINTING THE BOARD

2 | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION

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 CASE NUMBER

 

 

 

03 Dec 2003 FD-2003-00080

 

Case heard at Randolph AFB, Texas

Advise applicant of the decision of the Board.

*Secretarial Authority

SIGNATURE OF RECORDERS

 

    

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

 

SAF/MRBR ;

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 32D FLOOR
RANDOLPH AFB, TX 78150-4742 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 | pp 3993-90080

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

The applicant appeared before He Discharge Review Board (DRB) at Randolph AFB, Texas, on 3 December
2003. She was represented by counsel, Mr. Mike Stahl of the Texas Veterans Commission.

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

FINDINGS: The Board grants the requested relief.

The Board finds that the evidence of record and that provided by the applicant substantiates an inequity that
justifies a change of discharge characterization.

ISSUE:

Applicant contends her discharge was inequitable because it should have been based on an adjustment
disorder rather than misconduct. The records indicated the applicant received an Article 15, three Letters of
Counseling, and one Letter of Reprimand for misconduct. The records also indicated that at the time of the
misconduct, the applicant was experiencing depression, was under the care of a military clinical psychologist
and was taking prescribed medication for her depression. Her condition did not, however, mandate a
medical evaluation board. Two clinical psychologists recommended her administrative discharge from
active duty following two suicide attempts. Despite these recommendations, the applicant was retained on
active duty during which time the misconduct accounting for the Article 15 occurred. The DRB opined that
the applicant should have been separated earlier in her enlistment and that her service should have been
characterized as honorable. Although the DRB did not excuse the other minor disciplinary infractions
committed by the applicant, it did not believe that these infractions amounted to a level to justify a less than

honorable discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was inequitable.

In view of the foregoing findings, the Board concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described
as Secretarial Authority. The applicant’s characterization and reason for discharge should be changed to

honorable and Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
oo

 

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

si (Former AMN) (HGH A1C) .
| MISSING MEDICAL RECORDS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 8 Apr 02 UP AFI 36-3208,

para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

   

,
2. BACKGROUND:

a. DOB: 31 Mar 79. Enlmt Age: 19 10/12. Disch Age: 23 Q/12. Educ: ‘HS DIPL.
AFOT: N/A. A-82, E-29, G-39, M-15. PAFSC: 3S051 - Personnel Journeyman.
DAS: 29 Dec 00.

b. Prior Sv: (1) AFRes 22 Feb 99 ~ 28 Apr 99 (2 months 7 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 29 Apr 99 for 4 yrs. Extended 6 Feb 02 for 4 months.
Svd: 2 Yrs 11 Mo 11 Das, all AMS.

b. Grade Status: AMN - 27 Mar 02 (Article 15, 27 Mar 02)
Alc - 29 Aug 00
AMN - 29 Oct 99

c. Time Lost: None.

d. Art 15’s8: (1) 27 Mar 02, Elmendorf AFB, AK - Article 121. You, did,
between on or about 1 Jan 01 and between on or about 31
Jan 01, wrongfully appropriate 10 to 12 compact disks
and a compact disk case, of a value of more than

$100.00, the property of SSgt ------ . Reduction to Amn,
and 10 days extra duty and a reprimand. (No appeal) (No
mitigation)

e. Additional: MEMO, 6 MAR 02 - Failure to show for an appointment.
LOC, 19 FEB 02 - Late for work.
LOC, 13 FEB 02 - Violation of a lawful general regulation
by wearing an exposed body piercing.
LOR, 26 MAR 01 - Lying to supervisor and section commander.
TRAFFIC TICKET, 2 SEP 00 ~- Speeding.
LOC, 20 MAR 00 - Speeding.

£. CM: None.

g. Record of SV: 29 Apr 99 - 28 Dec 00 Elmendorf AFB 3 (Initial)
29 Dec 00 - 28 Dec 01 Elmendorf AFB 4 (Annual)
(Discharged from Elmendorf AFB)
FD2003-00080
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (3) Yrs (1) Mos (18) Das
TAMS: (2) Yrs (11) Mos (11) Das

4. BASIS ADVANCED FOR REVIEW: App1n (DD Fm 293) dtd 19 Feb 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

2. Memo for Record, 20 Sep O01.
3. Discharge Documents.

3APRO3/ia
os - PD2603~ L0OfFO

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

FROM: 962 AACS/CC APA | 12 2001
SUBJECT: Notification Memorandum

1, Lam recommending your discharge from the United States Air Force for misconduct based on
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 general.

2. My reasons for this action are:

a. Between on or about 1 Jan 01 and on or about 31 Jan 01, you did, at or near Elmendorf Air
Force Base, Alaska, wrongfully appropriate 10 to 12 compact disks and a compact disk case, of a
value of more than $100.00, the property of SS ocala: For this offense , you received an
Article 15, dated 27 Mar 02, reduction to the grade of airman, with a new date of rank of 27 Mar 02,
10 days extra duty, a reprimand, and an Unfavorable Information File was established.

b. On 15 Feb 02, you did without authority, fail to go at the time prescribed to your appointed
place of duty. For this offense, you received a Letter of Counseling (LOC), dated 19 Feb 02.

c. On 12 Feb 01, you violated a lawful general regulation, to wit: AFI 36-3208, by wearing an
exposed body piercing. For this offense, you received an LOC, dated 13 Feb 02.

d, On 20 Mar 01, you did, with intent to deceive, make to 2Leg§iMW-and TSgt@gygwran official
statement, to wit: you were married, which statement was totally false, and was known by you to be
so false. For this offense, you received a Letter of Reprimand, dated 26 Mar 01.

e. On 20 Mar 00, you were derelict in the performance of your duties in that you violated
WI 31-203, to wit: speeding 31 MPH in a 25 MPH zone. For this offense, you were cited on a DD
Form 1408, Armed Forces Traffic Ticket, and received an LOC, dated 20 Mar 00.

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 are discharged or retained in the Air Force. 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 legal counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult Capt 552-3887, at Bldg 10480,
Fp Z00B-C0O GO

Rm 330 on 3 APL. OR at_/3 a0hes . 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 within three duty days after the date of this letter
unless you request and receive an extension for good cause shown. I will forward any statements
you provide 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 medical examinations. You must report, with your medical
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at 73h CS on B3LPR 0D
for your first exam, at which time you will be notified of the time for your second exam. You
are to refrain from alcohol for 72 hours, and refrain from the use of tobacco products for 6 hours,
prior to examination. Bring eyeglasses (and contact solution if using contacts) if applicable.

You must be in uniform for these examinations.

8. You have been scheduled for a5 apn Assistance Program briefing. You must report to
the Family Support Center at on BAL Oa. You have also been scheduled

for a TMO Household Goods L420'n preprocessing briefing. You must report to Bldg 8517
(People Center), Rm 247 at_OT730Q on_4 Ape (2>.. You must be in uniform for

all appointments.

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 your Squadron Orderly Room.

Commander

 

Attachments:

AF Form 3070, 27 Mar 02

AF Form 1137

MER, 6 Mar 02

LOC, 19 Feb 02

LOC, 13 Feb 02

LOR, 26 Mar 01

DD Form 1408, 2 Sep 00

LOC, 20 Mar 00

. MFR, 3 MDG/SGOH, 20 Mar 02
10. 3 SFS Incident Report, 10 Mar 02
11. MFR, 3 MDG/SGOH, 17 Sep 01

PHONAK RWNo