AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) | GRADE AFSN/SSAN

 

 

 

 

  

PERSONAL APPEARANCE X RECORD REVIEW

“4 NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL

  
 
   
  

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

  

LURREIBITS SUBMITIED. TO, ARD™
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

ISSUES INDEX NUMBER Ee

A93.01, A93.09 A67.90

   
   
 
  
 

HEARING DATE

27 JUN 03

CASE NUMBER

FD2003-0084

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

z
1
2
3 (| LETTER OF NOTIFICATION
4

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
HARGE REVIEW BOARD DECISIONAL RATIONALE.

hack

URSPDICANT 5 ISSUE AND THE BOARE

: ee
REMARKS

Case heard at Washington, D.C.

   

see

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.

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

ao

        

DATE: 27:dUN 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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.

 

 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0084

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 states that she suffered severe mental abuse from two of the NCOs in her shop and she
claims she was young and stupid during her time in the Air Force. The record indicates the applicant
received an Article 15 for making a false official statement and for writing bad checks. She also received
three Letters of Reprimand for financial irresponsibility, leaving the work section without proper
authorization and lying about it, failure to report back to her duty section after an appointment and making a
false official statement, and failure to comply with training restrictions by driving a privately owned vehicle
and wearing civilian clothes. In addition, she received five Letters of Counseling for failure to obey a
lawful general order due to a lack of personal hygiene (twice), failure to meet an appointment, financial
irresponsibility, and failure to report back to her duty section after an appointment. 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. There were no
medical records in the file to verify the applicant’s claim of mental abuse by two NCOs; however, the
applicant was fully responsible for her actions and no one caused her to misbehave. 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
FD2003-00084

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

(Former AB) (HGH AMN)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 8 Jul 99 UP AFI 36-3208,
para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and Discipline).
Appeals for Honorable Discharge, and Change to Reentry Code, Reason and
Authority.

2. BACKGROUND:
a. DOB: 29 Jun 80. Enlmt Age: 17 10/12. Disch Age: 19 0/12. Educ: HS DIPL.

AFQT: N/A. A-80, E-74, G-78, M-73. PAFSC: 1T131 - Aircrew Life Support
Apprentice. DAS: 14 Dec 98.

b. Prior Sv: (1) AFRes 13 May 98 - 25 Aug 98 (3 Months 13 Days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AB 26 Aug 98 for 4 yrs. Svd: 0 Yrs 10 Mos 13 Das, all AMS.

b. Grade Status: AB - 14 Jun 99 (Article 15, 14 Jun 99)
AMN - 26 Feb 99

c. Time Lost: None

d. Art 15's: (1) 14 Jun 99, Offutt AFB, NE - Article 107. You did, on or
about 21 May 99, with intent to deceive, make to 1°* Lt
ae eee , an official statement,to wit: "I can only

call the bank during the day when they are open, and I
can't do that because of my work schedule", which
statement was totally false, and was then known by you
to be so false. Article 134. You did, on or about 1
May 99, make and utter to ----~---- a certain check, in
words and figures, to wit: Check Number 99, for $17.52,
and did: thereafter dishonorable fail to maintain
sufficient funds in the --------- Bank for payment of
such check in full upon its presentment for payment.
Reduction to AB, and 14 days restriction. (No appeal)
(No mitigation)

e. Additional: LOR, 14 JUN 99 - Financial irresponsibility.

LOA, 03 JUN 99 ~- Failure to obey a lawful general order due
to a lack of personal hygiene.

Loc, 05 MAY 99 - Failure to obey a lawful general order due

to a lack of personal hygiene.

LOC, 07 APR 99 —- Failure to meet an appointment.

LOR, 24 MAR 99 —- Leaving work section without proper
authorization and lying.
FD2003-00084

LOC, 26 FEB 99 - Financial irresponsibility.

LOC, 02 FEB 99 — Failure to report back to duty section
after an appointment and making a false
official statement.

LOR, O1 DEC 98 - Failure to comply with training
restrictions by driving a privately owned
vehicle and wearing civilian clothes.

£E. CM: None.”
gq. Record of SV: None.

(Discharged from Offutt AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yrs (1) Mos (26) Das
TAMS: (0) Yrs (10) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Feb 03.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and

Authority)

ISSUES ATTACHED TO BRIEF

ATCH
1. Applicant's Issues.
2. Character References.

3Apro3/er
£F22002- 0008Y

-

February 20, 2003

 

 

Home Phone (952) 914-9278

SAF/MIBR

550-C Street West

Suite 40

Randolph AFB, TX 78150-4742

To Whom It May Concern,

There are two issues I would like to have taken into consideration for making a
determination on my discharge upgrade request. The first is the severe mental abuse I was
subjected to by two of the NCO’s in the shop I was assigned to, ¢sseanORI@MNsie.
Offutt AFB, NE. The second is the fact that even after having a enlistment bonus I had
been promised, in writing, taken away I chose to stay in the military. These issues are
explained below, and in the two enclosed letters.

Before joining the USAF I was a member of the US Naval Sea Cadet Corps for five
years. While a member of the USNSCC I had no problems and achieved the rank of Petty
Officer 2nd class(E-5). I was a member of the Color Guard and was also selected to go to
Canada on an exchange program. One of the enclosures is a letter ‘ror lai
USNR (RET), who was the Commanding Officer of the squadron I was in.

While in basic training I had no problems and graduated on time with my flight.
This after being informed during basic that my contract was null and void because someone
in MEPS had messed up when processing me, writing my contract up that I was to receive
E-3 upon graduation from basic because of my USNSCC time. I was informed that this
was false and that USNSCC time was not considered usable for that enlistment bonus. I
was given one day to decide whether to stay in the USAF or to get out then and be flown
home. I chose to stay even though I would not be receiving the advanced rank upon
graduating from basic that I had been promised and had in writing that I would get. Upon
graduating from basic I was sent to Sheppard AFB, TX for Technical training. While in
tech school I did have a few problems mainly being young and stupid. But still managed to
graduate second in my tech school class academically.
F1P2007?- 0640 EY

Upon graduating from tech school I was stationed at Offutt AFB, NE, arriving in
December of 1998. Upon arriving I did everything that was asked of me and tried to fit in
with the rest of the shop, but for some reason still felt like an outsider with some of the
senior NCO’s and I didn’t know why. As time progressed I started getting written up for
things I didn’t understand or agree with but not knowing never fought back. At one point I
did run into some financial problems and was written up for that understandably. After
putting up with this and just keeping everything inside I ended up taking myself to mental
health to try and find out if there was anything I could do to deal with the feelings I was
having inside. At mental health I was referred to an off base hospital for two weeks of
outpatient counseling. During this time I was told [ had two choices either stay in the
USAF and put up with what I had been putting up with for the eight months or get out of
the service with a general under honorable conditions discharge. J felt that the best thing
for me would be to get out and work on getting my discharge upgraded so that I could go
into the reserves at minimum or possibly go back on active duty if needed.

ba)

Since being discharged on 8JUL99 I have moved on with my life and am working as
a private security guard and trying to get my EMT- Paramedic certifications. Although! .
have moved on I still have a very big part of me that wishes I had never gotten out and had
just lived with the abuse but then I know I probably would have done something that I
would have really regretted. I am now trying to get into the reserves and have been told
that because of my type of discharge am unable to. Also it has been brought to my
attention that my former supervisor is now under investigation for abuse of airmen and also
abuse of authority. If I had the chance now I would go back on active duty in a heart beat,
but at this time I would just be happy to be able to get into the reserves or even the guard.

Thank you for your time in considering this matter,

 

Enclosure 1: Letter from ga =e
4 Seca gett
Enclosure 2:Letter froma
' , FD20032- 0OOFY

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

 

MEMORANDUM FOR Ai 2.8 JUN 1999

 

FROM: 45 RS/CC
SUBJECT: Letter of Notification

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

2. My reasons for this action are:

a. On 29 November 1998, at Sheppard AFB, Texas, you failed to adhere to military training
phase I restrictions. You were observed driving a POV and wearing civilian clothes off base.
For this incident you received a letter of reprimand dated 1 December 1998 and an unfavorable
information file was established. (Atch 1-1)

b. On 29 January 1999, at Offutt AFB, Nebraska, you made a false official statement to your
supervisor, SSgt Graves. On 28 January 1999 you failed to return to duty after your physical
therapy appointment. When questioned on this, you stated your appointment did not end until
1535 and that you had permission from *gpali to take the rest of the day off to complete your
inprocessing. In fact, your appointment was only 30 minutes and ended at 1445. Furthermore,
PMAMBBaweienied giving you permission to take the rest of the day off. For this incident you
received a letter of counseling dated 2 February 1999. (Atch 1-2)

c. On 26 February 1999, at Offutt AFB, Nebraska, you wrote a check to Mr. Check Casher for
$200.00, without having sufficient funds on deposit. Additionally, you told RRR. you
had lost your ATM card, checkbook, and mail key around the time the check was written and you
were unaware that the check was returned for insufficient funds. You also told him you had
cancelled your checking account and. ATM card. In fact, you didn’t cancel these items until you

were directed to call your bank on 26 February 1999. For this incident you received a letter of
counseling dated 26 February 1999. (Atch 1-3)

d. On 23 March 1999, at Offutt AFB, Nebraska, you made a false official to @iQialaaiyaane
‘Qe, your supervisor. When questioned about leaving your place of duty without informing
anyone as to your whereabouts and in violation of shop policies, you stated thariqgiipapaagils told
you to leave a note. You later changed your statement and said that someone in your section had
told you to leave a note. Subsequent questioning of inate and everyone else in your
FOC20O03- 000EY

section shows that nobody told you to leave a note. For this incident you received a letter of
reprimand dated 24 March 1999. (Atch 1-4)

e. On 6 April 1999, at Offutt AFB, Nebraska, you, without authority, failed to go your
appointed place of duty. For this incident you received a letter of counseling dated 7 April 1999.
(Atch 1-5)

f. On 30 April 1999, at Offutt AFB, Nebraska, you, violated Technical Order 15X-1-1, page
22, that personnel employed in the Aircrew Life Support Equipment Shop should be clean and
neat at all time. For this incident you received a letter of counseling dated 5 May 1999.

(Atch 1-6)

g. On 2 June 1999, at Offutt AFB, Nebraska, you were sent home for violation of Article 92 of
the UMC] by failing to keep yourself and your uniform clean at all times, in contravention of
Technical Order 15X-1-1. For this incident you received a letter of admonishment dated 3 June 1999.
(Atch 1-7)

h. Between on or about 5 May 1999 and on or about 20 May 1999, at Offutt AFB, Nebraska,
you wrote ten checks to Cubby’s, without having sufficient funds on deposit, totaling $207.99.
For these incidents you received a letter of reprimand dated 14 June 1999. (Atch 1-8)

i, On 21 May 1999, at Offutt AFB, Nebraska, you did, with intent to deceive, make to ie
iaaiapaennaaeea sania an official statement to wit: “I can only call the bank during
the day when they are open, and I can’t do that because of my work schedule,” which statement
was totally false and was then known by you to be so false.

j. On 1 May 1999, at or near Plattsmouth, Nebraska, you did make and utter to Pet Respect a
certain check, in words and figures as follows, to, wit: Check Number 99, for $17.52, and did
thereafter dishonorably fail to maintain sufficient funds in the Sheppard Bank for payment of
such check in full upon its presentment for payment.

For the incidents in paragraphs i and j you received nonjudicial punishment dated 14 June 1999,
consisting of reduction to the grade of airman basic, with a new date of rank of 14 June 1999 and
restriction to Offutt Air Force Base, NE for 14 days. (Atch 1-9)

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.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
1 have made an appointment for you to consult ania Area Defense Counsel,
Bldg 323C, RM 302, Phone 4-3939, at_O400 on 24 So 9. You may consult
civilian counsel at your own expense.
fp 20027-0008Y

4. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me by ZJvl /400 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

5. 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.

6. You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Physical Exams, Room 115, Building 527, at_@400 on __ 29 ww 44% for the
examination. Please pick up your medical records 24 hrs prior to your appointment.

 

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

\40 on 29 jon with your escort.

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 the unit orderly room. .

9. Execute the acknowledgment provided and return it to me immediately.

 
  

NG
Commander, 45 Reconnaissance Squadron

Attachments:

Atch 1-1; Letter of reprimand/ UIF, 1 Dec, 99

Atch 1-2; Letter of counseling, 2 Feb 99 ‘
Atch 1-3; Letter of counseling, 26 Feb 99

Atch 1-4; Letter of reprimand, 24 Mar 99

Atch 1-5; Letter of counseling, 7 Apr 99

Atch 1-6; Letter of counseling, 5 May 99

Atch 1-7;Letter of admonishment, 3 Jun 99

Atch 1-8; Letter of reprimand, 14 Jun 99

Atch 1-9; Nonjudicial punishment, 14 Jun 99