NAME O F  COUNSEL AND OR ORGANIZATION -- 

I  X  PERSONAL APPEARANCE 

MEMBERS SITTING 

COUNSEL 

YES 
X 

NO 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

AMERICAN LEGION 

VOTE OF THE BOARD 

HON 

I  GEN 

I  UOTHC 

1  OTHER 

I  DENY 

ISSUES 
A94.05 

1 

HEARING DATE 
9 OCT 03 

INDEX NUMBER 
A67.90 

I 

CASE NUMBER 
FD2003-0094 

I 

I 

APP1,ICATION  FOR REVIEW OF DISCHARGE 

I 

I 
EXHIBITS SUBMImED T O  TEUC  BOARD 

I  ORDER APPOINTING  THE BOARD 

1 
1  1 
2 
3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
4 

I 

I 

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

REMARKS 
Case heard at Washington, D.C. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL  APPERANCE  HEARING 

I 

TO: 

SAFNIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

mDORSEMENT 

FROM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

I 

DATE:  9 OCT 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 

Previous edition will be used. 

I 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00094 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authority 
for the discharge, and to change the reenlistment code. 

The applicant  appeared  and testified before the Discharge Review Board (DRB), with counsel, at Andrews 
AFB, MD on October 9,2003. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5:  Bank of America Letter dated 22 Sep 03. 
Exhibit 6:  Three Customer Service Surveys. 

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  is 
denied. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  a  General  Discharge  due  to  a  Special  Court  Martial  for  falsely  altering  military 
identification  cards.  She  also  received  two  verbal  counseling's  for  dereliction  of  duty  based  on 
unsatisfactory  duty  performance  and  two  Letters  of  Reprimand  for  dereliction  of  duty  and  for  failure  to 
return to duty  after an appointment.  The applicant states that:  "I  was an individual under the age of 21 in 
Las Vegas,  and I fell prey to the temptations  of this city."  The applicant involved  six other Airman, altered 
her own ID Card 22 times by using old ID Cards that were turned in.  She copied the back and glued it to her 
ID Card to look like she was over 21 years old.  Through the verbal counseling's  and Letters of Reprimand, 
the unit tried repeatedly  to provide her with opportunities for rehabilitation.  Her repetitive misconduct  and 
the nature of that misconduct  showed a blatant disregard for military standards and the law.  These repeated 
violations of the UCMJ resulted in her placement in remedial training, the verbal counseling's, the Letters of 
Reprimand, a UIF established  and a conviction by a Summary Court-Martial.  The DRB opined that through 
these  administrative  actions,  the  applicant  had  ample opportunities to  change her  negative behavior.  The 
Board concluded the 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. 

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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 21 Apr 99 UP AFI 36- 
3208, para 5.50.2  (A Pattern of Misconduct -  Conduct Prejudicial to Good Order 
and Discipline).  Appeals for Honorable Discharge, and Change to Reentry Code. 

2.  BACKGROUND: 

a. DOB: 6 Aug 78.  Enlmt Age: 18 0/12.  Disch Age: 20 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-57,  G-52,  M-36. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 10 Jun 97. 

b.  Prior Sv: (1) AFRes 6 Aug  96 -  12 Mar 97 (7 Months 7 Days) (Inactive). 

3.  SERVICE UNDER RKVIEW: 

a.  Enld as AB  13 Mar 97 for 4 yrs. Svd: 2 Yrs 1 Mo 9 Das, all AMS. 

b.  Grade Status:  AMN -  17 Mar 99  (Special Court Martial, 3 Mar 99) 

A1C -  13 Jul 98 
AMN -  13 Sep 98 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 14 MAY 98 -  Failure to return to duty after an 

VERBAL COUNSELING, 19 DEC 97 -  Dereliction of duty based on 

appointment. 

LOR, 30 OCT 97 -  Dereliction of duty due to negligence. 
VERBAL COUNSELING, 21 OCT 97 -  Duty performance below 

unsatisfactory duty 
performance. 

acceptable standards, poor 
attitude, and lack of 
motivation. 

f.  CM:  Charge Sheet Attached to Brief 

g.  Record of SV: 13 Mar 97 -  12 Nov 98  Nellis AFB  4  (Initial) 

(Discharged from Nellis AFB) 

h.  Awards &  Decs:  AFTR, AFEM. 

i.  Stmt of Sv:  TMS: ( 2 )   Yrs  (8) Mos  (16) Das 

TAMS: (2) Yrs  (1) MOS  (9) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Feb 03. 

(Upgrade Discharge to Honorable and Change Reentry Code) 

Issue 1:  See attached documents (A) and  (0).  Both explain the issues I 

have regarding why I feel my discharge should be upgraded.  Issues are 
highlighted in yellow. 

ATCH 
1. Applicant's Letter. 
2. Performance Feedback. 
3. Counseling Session. 
4. Letter of Reprimand. 
5. Memorandum for Record. 
6. Letter of Appreciation. 
7. Enlisted Performance Report. 
8. Special Orders. 
9. Promotion Selection. 
10. Training Report. 
11. Performance Feedback. 
12. Record of Medical Care. 
13. Charge Sheet. 
14. Character Reference. 
15. Response To Discharge. 
16. News Article. 
17. Character Reference. 
18. College Transcripts. 
19. DD Form 214. 
20. Promotion Order. 

DEPARTMENT OF THE AIR FORCE 

99TH SECURITY FORCES SQUADRON (ACC) 

NELLIS AIR FORCE BASE. NEVADA 

MEMORANDUM FO 

FROM:  CC 
" 
SUBJECT:  Notification Memorandum - Administrative Discharge AFI 36-3208 

1.  I am recommending your discharge from the United States Air Force for a pattern of 
misconduct, specifically conduct prejudicial to good order and discipline.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, 
your service may 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 10 Nov 98, you did, at or near Nellis Air Force Base, Nevada, wrongfully 
and falsely alter by gluing the back of one member's military identification card to the back of 

military identificati 
birth date of "1 978AUG20" recorded on the back 
identification card was altered to reflect a birth d 
more years of age as of the date of the alteration of 
identification card.  For your actions, you were found guilty and sentenced by a summary court- 
martial on 3 Mar 99, as evidenced by the report of result of trial and an unfavorable information 
file (UIF) was established; 

b.  On divers occasions between on or about 1 Feb 98 and on or about 7 Nov 98, you did, at 

or near Las Vegas, Nevada, wrongfully and falsely alter by 
military identification card to the back of Airman First Class 
identification card in words an 
the back of Airman First Class 
reflect a birth date of an individual who was twenty-one or more years of age as of the date of the 
alteration of Airman First C1 
actions, you were found guilty and sentenced by a summary court-martial on 3 Mar 99, as. 
evidenced by the report of result of trial, and a UIF was established; 

e birth dat;  of "1 979~~~09'recorded on 
military identification card was altered to 

military identification card.  For your 

- 

c.  On divers occasions between on or about 1 Feb 98 and on or about 3 1 May 98, you did 
wrongfully use with intent to deceive an altered military identification card, then well knowing 
the same to be unauthorized.  For your actions, you were found guilty and sentenced by  a 
summary court-martial on 3 Mar 99, as evidenced by the report of result of trial and a UIF was 
established; 

d.  On divers occasions between on or about 1 Mar 98 and on or about 3 1 May 98, you did, 
at or near Las Vegas, Nevada, wrongfully and falsely alter by gluing the back of one member's 
military identification card to the back of Airman First C1 
identification card in words an 
the back of Airman First Clas 
reflect a birth date of an indivi 
alteration of Airman First Class 
you were found guilty and sentenced by a summary court-martial on 3 Mar 99, as evidenced by 
tbe report of result of trial and a UIF was established; 

e or more years of age as of the date of the 
itary identification card.  For your actions, 

ilitary identification card was altered to 

military 
1 1" recorded on 

e.  On divers occasions between on or about 1 Mar 98 and on or about 3 1 May 98, you did, 
at or near Las Vegas, Nevada, wrongfully and falsely alter by gluing the back of one member's 
military identification card to the back of Airman First C1 
identificstion card in words 
the back of Airman First C1 
reflect a birth date of an individual who was twenty-one or more years of age as of the date of the 
alteration of ~ i r m a n  First Class 
ilitary identification card.  For your actions, 
you were found guilty and sentenced by a summary court-martial on 3 Mar 99, as evidenced by 
the report of result of trial and a UIF was established; 

litary identification card was altered to 

ilitary 
" recorded on 

f.  On or about 12 May 98, you did, without authority, fail to return to your appointed place 
of duty.  On 12 May 98, you had two appointments.  Once they were completed, you telephoned 
the office and relayed that you were going to the supply section to pick up some gear for the 
upcoming exercise.  You failed to return to work for the remainder of the duty day.  For your 
actions, you received a letter of reprimand (LOR) on 14 May 98; 

g.  Between on or about 1 1 Dec 97 and on or about 18 Dec 97, you were derelict in the 

performance of you duties in that you failed to follow proper procedures when issuing 
identification cards and line badges while assigned to the Pass and Registration Section. 
Additionally, you failed to properly account for these forms on the accountability logs.  For your 
actions, you were verbally counseled and placed in remedial training on or about 19 Dec 97; 

h.  On or about 29 Oct 97, you were derelict in the performance of your duties in that you 
failed to properly issue and account for a DD FM2220, DOD Registered Vehicle Decal.  This 
decal was discovered missing from your ofice.  Additionally, during the search for this decal, it 
was discovered that you had registered several vehicles without noticing that a decal was 
missing, thereby failing to follow proper procedures for vehicle registration.  For your actions, 
your received a LOR on 30 Oct 97; and 

i.  Due to your poor duty performance and lack of attention to detail you were verbally 

counseled on your duty performance on 2 1 Oct 97, as evidenced by the attached memorandum 
for record (MFR). 

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, and, if 
you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

at  //go hours.  You may consult civilian counsel at your own expense. 

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 the Area Defense Counsel at Bldg 625 on 
f # 
p r  .- 
%  You have the right to submit statements in your own behalf.  You have three (3) duty days 
(which includes the date served) to submit statements in your behalf.  Any statements you 
want the separation authority to consider must reach me by  kor 
hours 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

Y 

at 

6.  In the event the commander exercising Special Court-Martial jurisdiction or a higher authority 
approves your discharge, separations will outlprocess you.  Your initial separations briefing is 
scheduled for  /J<@T on  n?~~' . 
7.  If you fail to consult or to submit statements in your own behalf, your failure will constitute a 
waiver of your right to do so. 

8.  You have previously been scheduled for a medical examination at the 99th Medical Group on 
F -hours. 

dy" 

9.  An  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 Unit Orderly Room. 

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

Attachments: 
1.  Record of Trial by Summary Court-Martial 
2.  Report of Result of Trial 
3.  Charge Sheet and attached evidence 
4.  UIF, undated 
5.  LOR, 14 May 98 
6.  MFR, 19 Dec 97 
7.  LOR, 3 0 0 c t  97 
8.  MFR, 21 Oct 97 

I

.

 

REPbnd r  UF RESULT OF TRIAL 

lThis form may also be used for reporting [ha rasull of trial by slunmarv courf -martiaQ 

DATE 

3 Mar 99 

/ 

1 

TD: ,flddrms to immadiats commander of accused 

99th Security Forces Squadron 

NAME /Last, first, Midda Initiad 

NOTlFlCATlOlY UMDER M C M  1884, R.C.M.  11011a], I S  HEREBY GIVEN I N  THE CASE OF: 

1  RANK 

99th Security Forces Squadron 
Nellis Air Force Base,  Nevada,  89191 

GENERAL 
JUDGE ALONE 

SPECIAL 
JUDGE ALONE 

SUMMARY OF CHARGES, SPECIFICATIONS.  PLEAS A N 0  FINDINGS 

NATURE OF OFFENSE 

PLEAS 

G 

G 

UCMJ ARTICLE 
CHG:  Art  134 

Specification 1 : 

Specificaton 2: 

X 

SUMMARY 

-, . 

FINDINGS . . 

Guilty, except the words  "30 June  1998," 
substituting therefore the words "3 1 May 
1998."  Of the excepted words,  Not 
Guilty; of the substituted words,  Guilty 

Did, at or near Las Vegas,  Nevada, 
on divers occasions between 
on or about 1 February  1998 and on or 
30 June  1998, wrongfully use with 
intent to deceive an altered military 
identification card, then well knowing 
the same to be unauthorized. 

Did, at or near Las Vegas, Nevada, 
on divers occasions between on or 
about 1 February  1998 and on or about 
7 November  1998, wrongfully and 
falsely alter by  gluing the back of one 
member's military identification card to 

Firs 
ary i 
figures as follows: 

the birth date of  "1979SEP09" recorded 
on the back of Airman First Class 

I identification card wG.gtered  to reflect 
a birth date of  an individual who was 

(SEE CONTINUATION) 

SENTENCE 
Reduction the the grade of airman (E-2), restriction to quarters @ldg #729, room #123),  except for duty, obtaining 3 meals per 
day on base,  and attending religious services  1 time per week,  and accomplishing personal hygiene to include doing your laundry 
1 time per week,  and  16 days hard labor without confinement. 
PRETRIAL CONFINEMEMT CREDIT IkKIudinfl miFtary a d  c M n  c o n W c a t J h  daysJ 

DATE SENTENCE ADJUDGED l[Batquim/ano~mcJ 

HQ AWFCICC 
HQ AWFCNA 
99 ABWICC 
99 MSSICC 
99 MSSIDPMPER 
99 MSSDPMPEP 
99 MSSIDPMARO 
99 MSSIDPMD 

USAF JUDIADC 
99 SFOF/SFOI 

REPORT OF RESULT OF TRIAL,  continued 

-- -- 

I  twenty-one or more years of age as  of 
the date of the alteration of ~ i h a n  First 
Clas 
identification card. 

I 

Specification 3: 

Specification 4: 

Specification 5: 

Did,  at or near Las Vegas,  Nevada, on 
divers occasions between on or about 1 
March 1998 and on or about 31 May 
1998, wrongfully  and falsely alter by 
gluing the back of one member's 
military identification card to the back 
of Airman First Class 
military identificatio 
figures as  follows:  the birth date of 
"1 978AUG1lW r 
Airman First Clas 
military identific 
to reflect a birth date of an individual 
who was twenty-one or more years of 
age as  of the date 
f 
Airman First Class 
military identification card. 

Did,  at or near Las Vegas,  Nevada, 
between on or about 1 March 1998 and 
on or about 31 May 1998, wrongfully 
and falsely alter by gluing the back of 
one member's military identification 
f Airman First Class 

litary identification 8 

card in words and figures as follows:  the 
birth date of "1 9790Cl-15" recorded 
on the back of Airman First class* 

military identification 

card was altered to reflect a birth date of 
an individual.who was twenty-one or 
more years of age as  of the date of the 
. 
alteration of Airman First Cla*. 

ilitary identification 

card. 

Did, at or near Las Vegas,  Nevada, on or 
about 10 November 1998, wrongfully 
and falsely alter by gluing the back of 

e, 

one member's military identification 
card to the back of ~irrnan-,? 

military identification card in 
d figures as  follows:  the birth 

to reflect a birth date of an individual 
who was twenty-one or more years of 
ration of 
age as 
Airma 
military 
identification card.