AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

  

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB tae.
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL ee cdl NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO "
x
VOTE OF THE BOARD

 

 

| MEMBERS SITTING HON GEN VOTHC OTHER DENY

INDEX NUMBER . JXHTBITS SUBMITTED TO THE BOARD

 

 

 

 

 

 

y pe y

 

 

 

 

 

ISSUES

 

 

A93.09 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

15 Jul 03 FD2003-0108

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL. RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE: * ,

aay

bmi iy SUR a aa nstsiin ses

 

 

REMARKS
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.

 

 

   
  

SIGNATURE OF BOARD PRESIDENT

 

SIGNATURE OF RECORDER
*,

© WATE: 15 Jul 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

5SAF/MIBR
530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0108

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 believes her discharge was too harsh because her problems stemmed for getting a new
supervisor and because her mother was terminally ill. The record indicates the applicant received two
Articles 15, both for willfully failing to complete her duties. She also received three Letters of Reprimand
and one Letter of Counseling for being late for work, failure to perform her duties, failure of her CDC test,
insubordination, and assault. The DRB was sympathetic to the impact the loss of her mother had on her,
but this is not a matter of inequity or impropriety that would warrant an upgrade. The member knew right
from wrong. 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. 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
FD2003-00108

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

eee. (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 17 Jan 02 UP AFI 36-
3208, para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for

Honorable Disch.
2. BACKGROUND:

a. DOB: 18 Jan 82. Enlmt Age: 18 8/12. Disch Age: 20 0/12. Educ: HS DIPL.
AFQOT: N/A. A-55, E-38, G-32, M-29. PAFSC: 35031 - Personnel Apprentice.

DAS: 24 Feb 01.

b. Prior Sv: (1) AFRes 29 Seo 00 + 4 Oct 00 (6 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AB 5 Oct 00 for 4 yrs. Svd: 1 Yr 3 Mos 13 Das, all AMS.

b. Grade Status: AB - 31 Oct 01 (Vacation, Article 15, 2 Jan 02)
AMN - 5 Apr O01

c. Time Lost: None

d. Art 15's: (1) 2 Jan 02, Vacation, Dyess AFB, TX - Article 92. You,
who knew or should have known of your duties, on or
about 26 Nov 01, were derelict in the performance of
those duties in that you willfully failed to scheduled
the Physical Health Assessment appointments with the
Medical Group, as it was your duty to do. Reduction to
AB. (No appeal) (No mitigation) °

(2) 31 Oct 01, Dyess AFB, TX - Article 92. You, who knew
or should have known of your duties, on or about 11 Oct
01, were derelict in the performance of those duties in
that you willfully failed to complete the Urinalysis
Notification List and fax it back to Drug and Awareness,
as it was your duty to do. Suspended reduction to AB,
30 days restriction, and 30 days extra duty. (No appeal)
(No mitigation)

e. Additional: LOR, 28 NOV 01 - Assualt.
LOR, 02 OCT 01 ~ Insubordinaton by arguing with a
commissioned officer.

02 OCT 01 - Failure of CDC test.
19 SEP 01 - Late for work and failure to perform
duties.

LOR
LOC

~

~
FD2003-00108

ff. CM: None.

g. Record of SV: None.

(Discharged from Dyess AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (3) Mos (20) Das
TAMS: (1) Yr (3) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 4 Mar 03.
(Change Discharge to Honorable)

Issue 1: For about 6 months while I was at Dyess, until the supervision of

Msgt ee I never recieved (sic) any misconduct forms. Thereafter Lt

Stevens arrived it seemed everytime (sic) I turned around I was receiving LOR
and LOCcs.

Issue 2: My mother was terminally ill with cancer, and was on her death bed
around the time I was discharged. I had used all of my emergency leave on her,
so the time she died, or around the time she was about to pass I was in (sic)

still not able to go spend anytime with her while she was passing, so I asked
for a discharge.

Issue 3: If I would have stayed in a little bit longer, or my mom wouldn't
have passed that quickly I would have received a honorable discharge. But there
wag no way I could have stayed and focused on my job with her being dead.

ATCH
L. Congressional Letter.

17Apr03/cr
. __.. FD2002- 0
' DEPARTMENT OF THE AIR FORCE (05
HEADQUARTERS 7TH BOMB WING (ACC)
DYESS AIR FORCE BASE TEXAS

  

Sh of

ene

 

; 4 Sav Ow
MEMORANDUM FOR AB qgiiiigggiiaieineiiiiiadiasnanaa ttn

FROM: 28 BS/CC

SUBJECT: Letter of Notification

1. Iam recommending your discharge from the United States Air Force for A Pattern of Misconduct - Minor
Disciplinary Infractions. The authority for this action is AFI 36-3208, paragraph 5.49, dated 14 Oct 94. Ifmy
recommendation is approved, your service will be characterized as Honorable or General. I am recommending that
your service be characterized as General (Under Honorable Conditions).

2. My reasons for this action are:

a. You were, on 26 Nov 01, derelict in the performance of your duties in that you failed to schedule the
Physical Health Assessment appointments with the Medical Group, for which your suspended reduction in rank
was vacated, as evidenced by AF Form 366, dated 2 Jan 0, ky

b. You did, on 3 Nov 01, push A CRS vith sufficient force to knock him off balance, for which
you were reprimanded, as evidenced by LOR, dated 28 Nov 01.

c. You were, on 11 Oct 01, derelict in the performance of your duties in that you willfully failed to complete
the Urinalysis Notification List and fax it back to Drug and Awareness, for which you received Article 15
punishment, as evidenced by AF Form 3070, dated 31 Oct 01.

d. You did, on 1 Oct 01, displayed an insubordinate attitude towards 1g that you
argued with AE: being given an assignment to work on, for which you were reprimanded
and entered into thé‘fifavorable information file, as evidenced by LOR, dated 2 Oct 01, and AF Form 1058,
dated 5 Oct 01.

e. You did, on 19 Sep 01, without authority, report late for duty. In addition, you were, on 19 Sep 01, derelict
in the performance of your duties in that you did not perform your cleaning duties for the day. For this
misconduct you were counseled, as evidenced by LOC, dated 19 Sep 01.

f. You were, on 23 Aug 01, derelict in the performance of your duties in that you failed your first set of CDC
because you got bored and gave up half way through the test, for which you were reprimanded, as evidenced by

LOR, dated 2 Oct 01.

Copies of the documents to be forwarded to the separation authority in support of this recommendation are
attached. The commander exercising SPCM jurisdiction or 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.

3. 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 Cap®i(MIArea Defense Counsel, 397 Third Street, Dyess AFB, TX, DSN 461-
4233, Commercial (915) 696-4233, on’7 Jan 02 at 0900 hours. You may consult civilian counsel at your own

expense.

Global Power for America
a FL2003- 00/O§"

to consider must reach me by , 0800 hours, unless you request and receive an extension for good
cause shown. I will send them téthe separation authority.

4. You have the right to aby statements in your own behalf. Any statements you want 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 on /@ din O* ,at /O3O _ hours, at the 7th
Medical Group Hospital.

7, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of AFPD 36-32
and AFI 36-3208 is available for your use in the orderly room.

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

  
   

Lt Col, USAF

 

Commander, 28 BS
e

Attachments:
1. Airman's Receipt of

Letter of Notification
2. AF Form 366 w/presentation
3. Sworn Statements from AB Amber Kite;
an
And SSegt

essage from

4. E-Mail Ami} dated 21 Nov 01

5. LOR, dated 28 Nov 01

6. AF Form 3070, dated 31 Oct 01 w/response

7. Punishment Status In Event of Emergency Leave

8. Swom Statements from Amn 3 1d
eh An end 6

9. LOR, dated 28 Nov 01 ,

10. LOR, dated 2 Oct 01

11. AF Form 1058, dated 5 Oct 01

12. LOC, dated 19 Sep 01

13. LOR, dated 2 Oct 01