AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ENITLAL} GRADE AFSN/SSAN
Na AB GE
TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW
ea NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
. YES NO
X
MEMBERS SITTING
Se x
; x
xX
xX
x
ISSUES INDEX NUMBER creel even cae PTE To THE:
A93.01, ADE.47, A94.05 A67.50 I | ORDER APPOINTING THE BOAR
2 APPLICATION FOR REVIEW OF DISCHARGE
4 LETTER OF NOTIFICATION
BEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
17 JUL 03 FD2003-00082 COUNSEL'S RELEASE TO FHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME GF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

   

 

 

REMARKS
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.

 

 

SIGNATURE OF RECORDER oe SIGNATURE OF BOARD PRESIQENT

 

SAF/MIBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
$50 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 (-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 3003-00082

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, 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 a pattern of misconduct. She now concedes she made stupid mistakes
and attributes her maladaptive behavior to being very young. She had two Records of Individual
Counseling, two Letters of Reprimand, and an Article 15. She also had an Unfavorable Information File
and an Enlisted Performance Report rated an overall referral “1.” Her misconduct included three instances
of making a false statement, failure to obey orders in three instances, three incidents of failure to go,
dereliction of duty, and 2 days absence without leave. Additionally, member had been arrested by local
authorities as an identity theft suspect, and spent 7 days in the county jail. Applicant’s medical records
disclose she was admitted to the intensive care ward of a local hospital after a suicidal gesture, an overdose
of acetaminophen resulting in hepatoxity. Furthermore she was diagnosed with an adjustment disorder and
“cluster C traits.” At the time of the discharge, member consulted counsel and waived her right to submit a
statement in her own behalf. The Board noted member had eleven incidents in a 12-month period, thus
clearly establishing a pattern of misconduct. The Board further noted that member was the same age as
other airmen who had adhered to the standards when her misconduct occurred, and she knew right from
wrong. Contrary to applicant’s claim that her unit failed to offer rehabilitative measures, the record shows
she was counseled numerous times in an effort to help her correct her deficiencies and had multiple
opportunities to improve her behavior. She failed to respond to those rehabilitative efforts. No inequity or
impropriety was found in this discharge in the course of the records review.

While the Board commends applicant on her desire to return to military service, 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.

Applicant cited her desire to receive her G.I. Bill education benefits as justification for an upgrade. The
Board noted that applicant signed a statement (DD Form 2366, on June 14, 1999) that she understood she
must receive an Honorable discharge to receive future educational entitlements. While the Board was
sympathetic to the impact of the loss of these benefits on applicant, 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
FD2003-00082
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

[SS (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’‘d a GEN Disch fr USAF 6 Mar 01 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct). Appeals for Honorable Discharge and to
Change the RE Code, Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 19 Jul 81. Enlmt Age: 17 2/12. Disch Age: 19 8/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-49, G-41, M-36. PAFSC: 35031 - Personnel Apprentice.
‘DAS: 2 Sep 99.

b. Prior Sv: (1} AFRes 21 Aug 98 - 1 Jun 99 (9 months 12 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as A1lC 2 Jun 99 for 4 yrs. Svd: 1 Yr 9 Months 5 Days, of which
AMS is 1 yr & months 28 dayS (excludes 7 days lost time)

b. Grade Status: AB - 16 Feb 01 (Article 15, 16 Feb 01)
ec. Time Lost: 13 Jan 01 thru 19 Jan 01 (7 days).

d. Art 15’s: (1) 16 Feb 01, Offutt AFB, NE - You did, on or about 19 Jan
01, without authority, absent yourself from your place
of duty at which you were required to be. Article 107.
You did, on or about 12 Jan 01, with intent to deceive,
make to SMSqt ------ an official statement, to wit:
"Detective ------ needs to see me at 1200," or words to
that effect, which statement was totally false, and was
then known by you to be so false. Reduction to AB, and
a reprimand. (No appeal) (No mitigation)

e. Additional: LOR, 27 NOV 00 - Making a false official statement.
LOR, 28 JUN 00 - Failure to obey lawful orders and late for
work.

RIC, 17 MAY 00 - Dereliction of duty.
RIC, 06 MAR 00 - Late for appointment.

f. CM: None.
g. Record of SV: 2 Jun 99 - 1 Feb 01 Offutt AFB 1 (Initial) REF

(Discharged from Offutt AFB)

h. Awards & Decs; AFTR.
FD2003-00082

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (6) Das
TAMS: (1) Yrs (8) Mos (28) Das

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 Dec 02.
{Change Discharge to Honorable, Change the RE Code, and Reason and Authority
for Discharge)
ISSUES ATTACHED TO BRIEF.
ATCH

1. Applicant's Issues.

4APRO3/ia
Py 20035 -6COSL

7. SUPPORTING DOCUMENTS (X as applicable) (Please print name and Socisa! Security Nurnber on each document.)

.

S| WILL NOT BE SUBMITTED. PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS.

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: {Continue on a plain sheet of paper if more space is needed.}

Teer ty -tne Load Soin muse

bh. DOCUMENT 2:

 

 

 

c. DOCUMENT 3:

 

 

8. ISSUES

The Board will consider any issue submitted by you prior to closing tha case for deliberation. The Board will also review the case to
determine whether there are any issues that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to ee this part of the application. If you need more space, submit additional issues on an attachment.

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ae
a

is} ae , taiy.
nA | LHAVE LISTED ADDITIONAL Issues AS AN ATTACHMENT TO THIS APPLICATION,

| PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date}
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIGNAL ISSUES.

NS THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION

| make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false
statement. (U.S. Code, Title 18, Section 1001, provides that an individual shail be fined under this titla or imprisoned not more than & years,

a, DATE (YY YYMMDD)

 

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW
/ ARMY NAVY & MARINE CORPS

 

 

AIR FORCE COAST GUARD .
Army Review Boards Agency R .
Support Division, St. Louis menapranles “ einai an SAF/MIBR Commandant (WPM-60)
ATTN: SFMR-ABR-SL g. 36 - Washington Navy Yar 550-C Street West, Suite 40 U.S. Coast Guard Headquarters
‘700 Page Avenue 901 M Street, S.E. Randolph AFB, TX 78150-4742 | Washington, DC 20693-0001

Louis, MO 63132-5200 Washington, DC 20374-5023

SN ‘MRM 293, OCT 1997 Page 2 of 4 Pages
438\8 | oe oe Be ED 2003-80092 _
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ow as
pce ed Ae te cee age Ahern at pao Si Ee eB ee adn Se eee anes
FD 2003-600 5 2

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 55TH WING {ACC)
OFPUTT AIR FORCE BASE, NEBRASKA

 

MEMORANDUM FOR AB Qi 97 FEB 2001

FROM: 55 MSS/CC
SUBJECT: Letter of Notification

1. Iam recommending your discharge from the United States Air Force for Misconduct--Pattern
of Misconduct. The authority for my recommendation is AFPD 36-32 and AFI 36-3208,
paragraph 5.50.2. Ifmy recommendation is approved, your service will be characterized as
honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are: .
a. On or about 6 March 2000, without authority, you failed to go at the time prescribed to

your appointed place of duty. For this incident you received a Record of individual Counseling
dated 6 March 2000. (Atch 1-1)

b. On or about 16 May 2000, you, who knew of your duties, were derelict in the
performance of those duties in that you wrongfully failed to contact SrA Q@Qiggpfor the recall,

as it was your duty to do. For this incident you received a Record of Individual Counseling
dated 17 May 2000. (Atch 1-2)

c. On or about 20 June 2000, without authority, you failed to go at the time prescribed to
your appointed place of duty.

d. On or about 21 June 2000, you, having knowledge of a lawful order to report to work
in BDUs, an order which it was your duty to obey, failed to obey the same.

e. On or about 21 June 2000, you, having knowledge of a lawful order to have all the
relocation folders built and ready for the mass briefing the next day before leaving work, an
order which it was your duty to obey, failed to obey the same.

f. On or about 22 June 2000, you, having knowledge of a lawful order to prepare folders
for members scheduled for out-processing the following day, an order which it was your duty to |
obey, failed to obey the same.

For the incidents listed in paragraphs c, d, e, and f you received a Letter of Reprimand dated
28 June 2000. Additionally, an Unfavorable Information File (UIF) was established. (Atch 1-3)

g. On or about 26 October 2000, you, with intent to deceive, made to SSgriiggliiFan
official statement, to wit: “Yes, I have paid the bill,” or words to that effect, which statement
was totally false, and was then known by you to be so false.
PY Fo0S- PCO FZ

e. On or about 27 October 2000, you, with intent to deceive, made to SSo le an
official statement, to wit: “I paid the bill to a female employee at the Base Exchange,” or words
to that effect, which statement was totally false, and was then known by you to be so false.

For the incidents listed in paragraphs g and e you received a Letter of Reprimand dated
27 November 2000. Additionally, this LOR was placed in your existing UIF. (Atch 1-4)

f. You did, on or about 19 January 2001, without authority, absent yourself from your
place of duty at which you were required to be, to wit: Building 323C, located at Offutt Air
Force Base, Nebraska, and did so remain absent until on or about 20 January 2001.

,
=

g. You did, at or near Offutt Air Force Base, Nebraska, on or about 12 January 2001,
_ With intent to deceive, make to Senior Master Sergeant Ganeiiiite: official statement,

to wit: “Detective Mioceds to see me at 1200,” or words to that effect, which statement was
totally false, and was then known by you to be so false.

For the incidents listed in paragraphs f and g you received Nonjudicial Punishment dated 16
February 2001, consisting of reduction to the grade of Airman Basic with a new date of rank of
16 February 2001 and a reprimand. Additionally, this Nonjudicial Punishment action was placed
in your existing UIF. (Atch 1-5)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial 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 and probably any other
branch of the military.

4, You have the right to consult counsel. Military legal counsel has been obtained to assist you.
I have made an appointment for you to consult Captai- iii Bldg 323C, RM 302,

Phone 4-3939, at joOO on 2g Feb ©. You may consult civilian counsel at your

own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me by a Fa’, O' 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 on 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 55th Medical
ie Physical Exams, Room 115, Building 527 (Fairchild Hall), at _\ on

25 Feb GI for the examination. Please pick up your medical records 24 hrs prior to
your appointment.

8. You have been scheduled for an initial separation appointment. You must report to the 55th
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at

OU00__ on AXFevo\. with your escort.
PP DPLO3 — SOO 82

9, You have been scheduled for a pre-separation briefing. You must report to the Family
Support Center at 5900 on {rar ?\__ for the briefing.

10. 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 unit orderly room.

11. Execute the acknowledgment provided and retum it to me it

 
 
   

Commander, 55" Mission Support Squadron

   

Attachments:

Atch 1-1; Record of Individual Counseling dated 6 Mar 00
Atch 1-2; Record of Individual Counseling dated 17 May 00
Atch 1-3; LOR dated 28 Jun 00 ~
Atch 1-4; LOR dated 27 Nov 00

Atch 1-5; Art 15 dated 16 Feb 01