NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

GEN PERSONAL APPEARANCE
i NAME OF COUNSEL AND OR ORGANIZATION

 

MEMBERS SITTING

Se

 

 

ISSUES INDEX NUMBER

 
 

A93.17, A92.15, 493.19 A67.50
HEARING DATE CASE NUMBER
4 JUN 03 FD2003-00150

RKS.

Case heard at Washington, D.C.

submit an application to the AFBCMR,.

SIGNATURE OF RECOgEEa

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

 
 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AB aie

 

 

   
        
  

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 52993-00150

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

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 is 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 administratively discharged for a pattern of misconduct. She had three Articles 15,
and a Letter of Reprimand, and was placed on the Control Roster. Her final Enlisted Performance Report
was rated an overall referral “2.” Her misconduct included possessing a falsified military identification
card, underage drinking, drunk and disorderly conduct, indecent public exposure while in a detention cell,
disrespect toward an officer and a senior noncommissioned officer in the execution of their duties, and
wrongful use and possession of marijuana. At the time of the discharge member consulted counsel and
waived her right to submit statements in her own behalf. She also failed to argue that she met the seven
retention criteria. Applicant now contends most of her misconduct was alcohol-related, and concedes she
did some stupid things that she regrets. She also notes her otherwise exemplary service record. Review of
the Air Force Office of Special Investigations Report of Investigation of member’s drug abuse disclosed
seven signed sworn statements from different people regarding her multiple occasions of illegal drug use
over an extended period of time. Review of the incident complaint report about the drunk and disorderly
conduct also disclosed quite egregious behavior on the part of applicant. The Board concluded member’s
misconduct was an extremely significant departure from conduct expected of all military members. And
although the Board recognizes alcohol abuse may have played a part in applicant’s misbehavior, she was
responsible for her actions and must be held accountable for those. Additionally, the Air Force’s drug
policy was well publicized and members were continually made aware that illegal drug use or possession
were intolerable. Applicant’s repeated heinous misconduct warranted the characterization of service she
received. No inequity or impropriety was found in this discharge in the course of the records review.

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
FD2003-00150

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

—_iain. (Former AB) (HGH SRA)

SEE, MISSING MEDICAL RECORDS
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 8 Apr 98 UP AFI 36-3208,
para 5.50 (Pattern of Misconduct). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 6 Dec 75. Enlmt Age: 17 10/12. Disch Age: 22 4/12. Educ: HS DIPL.
AFOT: N/A. A-79, E-38, G-57, M-08. PAFSC: 38051 - Personnel Journeyman.
DAS: 7 Apr 97.

b. Prior Sv: (1) AFRes 15 Oct 93 - 24 May 94 (7 months 10 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 25 May 94 for 4 yrs. Svd: 3 Yrs 10 Mo 15 Das, all AMS.

b. Grade Status: AB - 9 Mar 98 (Article 15, 9 Mar 98)
AMN - 11 Sep 97 (Article 15, 11 Sep 97)
SrA - (BPR Indicates): 29 Oct 96 - 5 Sep 97
AlC - 25 Sep 95
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 9 Mar 98, Fairchild AFB, WA - Article 112a. You did,
on divers occasions between on or about 1 Oct 96 and on
or about 31 Dec 96, wrongfully possess some amount of
Marijuana, a controlled substance, You did, between on
or about 1 Oct 96 and 31 Dec 96, wrongfully use
Marijuana, a controlled substance. Reduction to AB.
Suspended forfeiture of $463.00, and 45 days
restriction. (No appeal) (No mitigation)

(2) 11 Sep 97, Osan AB, Korea - Article 89. You did, on or
about 29 Aug 97, treat with disrespectful language
toward { : ; a commissioned officer,
then known by you to be a commissioned officer, who was
in the execution of his duties, by saying to him, "Hey
Lieutenant, you want to rape me now, don't you?" or
words to that effect. Article 91. You did, on or about
29 Aug 97, treat with disrespectful language toward age

P a noncommissioned officer, then
“known by you to be a noncommissioned officer, who was in
the execution of his duties, by saying to him, "You
motherfucking sorry ass rank heavy master sergeant," or
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words to that effect. Article 134. You were, on or
FD2003-00150

about 29 Aug 97, drunk and disorderly which conduct was
of a nature to bring discredit upon the armed forces.
You did, on or about 29 Aug 97, while in a detention
cell willfully and wrongfully expose in an indecent
Matter to public view your genitalia. Reduction to Amn,
suspended forfeiture of $505.00 pay per month for two
months, and 45 days extra duty. (No appeal) (No
mitigation)

(3) 14 Nov 96, Fairchild AFB, WA - Article 134. You, did,

on or about 30 Oct 96, wrongfully possess with intent to
deceive, an invalid military identification card, then
well knowing the same to be unauthorized. Additionally,
you, were, on or about 30 Oct 96, derelict in the
performance of your duties, in that you willfully failed
to refrain from drinking alcohol while under the age of
21, as it was your duty to do. Reduction to Am, and 25
days extra duty. (No appeal) (No mitigation)

Additional: LOR, 1 AUG 97 ~- Dereliction of duty.

CM: None.

Record of SV:

Awards & Decs:

25 May 94 - 26 Feb 96 Fairchild AFB 5 (Intial)
27 Feb 96 - 26 Oct 96 Fairchild AFB 5 (CRO)
29 Oct 96 - 05 Sep 97 Osan AB 2 (CRO) REF

(Discharged from McChord AFB)

AFTR, NDSM, AFOUA, AFGCM, AFOSSTR.

Stmt of Sv: TMS: (4) Yrs (5) Mos (25) Das
TAMS: (3) Yrs (10) Mos: (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 26 Mar 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1, Applicant's Issues.

9MAY03/ia
ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.)

 

a. DOCUMENT 1:

 

b. DOCUMENT 2:

 

¢. DOCUMENT 3:

8. ISSUES

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

am requesting to have my-“General” discharge-upgraded-to“‘Honorable” - When first joined-the anilitary-in-1994; k - -
vanked high-in all-aspects.-In-basic training; 1 received: 90% on my-test-scores-and-was ever: part of an honor-flight.- - - -
“While assigned at my first assignment; Fairchikt AFB; WA; t was stil-very respected-and-admired-as-an Atrmam. 1- - --
received Airman of the-quarter 6-times and was ever recommended-for Airman of the Year. In addition; F was ~~~ -- --
recommended for Below The Zone. Fcompleted my CD€s in atimely manner and received high grades on them. My --
“EPR‘*s were outstanding as well -->----- >>> cc rrr nn Ski eile = ae eta ee SESS = Ser

“My problems were alcohol related which stemmed from avery abusive marriage and eventually divorce. I did't - -- ~~
‘know howto handle the situation so F turned to alcohol: ft started attending Mentat Health classes because my ~~~ ~~ ~~
“supervisor suspected the abuse. They helped but ultimately my problems continued and alcohol seemed to be the only ~
“answer, This went on for about the last year of my enlistment, At the lime of discharge, only had b “months” ~~ ~~~
yemainid? ii my enlisthene | did Many stupid thinps, which 7 deeply regret and wish 1 could take back. ~~~" "~~~" ~~
“At the end of my éilistinent, Ifinally got serious help via “Track” classés. I Titially iad the desiré to Cliangé and didl ~~
“My life is so different now and 1m proud of who am. [’vé been married for 3 years and continued to support the ~~~
‘military ds'@ dependent, iny spouse was in the Oregon National Guard for the past 5 years: “~~~
Aside from my misconduct, I have always been a great employee. Throughout my enlistment, no matter how negative —

‘the situation, I’ve always femained patriotic and proud to be a member of the United States Aix Force. More than” ~~
‘anything, [am embarrassed for disgracing myself and my country. {have been a civilian now for 5 years and am still ~
proud to say I’m a veteran of the USAF, The only thing that has continuously bothered me is my classification of
Aischarge. Please consider me for an upgrade to “Honorable” and THANK YOU for taking the time toreview my
request.

THAVE USTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATICN.

T PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date)
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION

1 make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false

he (U.S. Code, Title 18, Section 1007, provides that an individual shail be fined under this title or imprisoned not more thar 5 years,
or , a

a. DATE (YYYYMMDD)

 

20030326

ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD

Amy Review Boards Agency Naval Council of Personnel Boards

pea tet endl St. Louis 720 Kennon Street, 5.E, SAF/MIBR Commandant (G-WPM)
5700 Page Avetie Rm. 309 (NDRB) 550-C Steet West, Suite 40 | 2100 Second Street, S.W.
St. Louis, MO 63132-5200 Washington Navy Yard, DC Rardiolph AFB, TX 78150-4742 Washington, DC 20593-0001

(See http://arba,army.pentagon.mil) | 20374-5023
DD FORM 293, DEC 2000 Page 2 of 4 Pages
@ o F D2EB ~ TOS?

DEPARTMENT OF THE AIR FORCE
607TH AIR COMMUNICATIONS SQUADRON (PACAF)
UNIT #2047
APO AREA PACIFIC 96278-2047

2 4 MAR 1998

 

MEMORANDUM FOR
FROM: 607 ACOMS/CC
SUBJECT: Notification Memorandum

1. 1am recommending your discharge from the United States Air Force for a Pattern of Misconduct. The
authority for this action is AFPD 36-32, Military Retirements and Separations, and AFI 36-3208,
Administrative Separation of Airmen, paragraph 5.50. If my recommendation is approved, your service will be
characterized as Honorable or Under Honorable Conditions (General). | am recommending that your service
be characterized as Under Honorable Conditions (General).

2. My reasons for this discharge action are as follows:

a. You did, at or near Fairchild AFB, WA, on divers occasions, on or about 1 Oct 96 and on or about 31
Dec 96, wrongfully possess some amount of marijuana, a controlled substance. In addition, at the same place
and on the same date, you did, wrongfully use marijuana, a controlled substance. For this misconduct, you
received an Article 15, with punishment consisting of a reduction to airman basic, suspended forfeiture of
$463 pay per month for 2 months, and restriction to Osan AB, ROK for 45 days, The Article 15 action was
placed into your Unfavorable Information File (UIF). (Atchs 1.1 and 1.2)

b. You did, at or near Osan AB, ROK, on or about 29 Aug 97, use disrespectful language toward qj

“ii, a commissioned officer, then known by you to be a superior commissioned officer, who was in the
execution of his duties, by saying to him, “Hey Lieutenant, you want to rape me now, don’t you?” or words to
that effect. In addition, at the same place and on the same date, you did, use disrespectful language toward

adie, a noncommissioned officer, then known by you to be a superior noncommissioned officer,
who was in the execution of his duties, by saying to him, “You motherfucking sorry ass rank heavy master
sergeant,” or words to that effect. Also, at the same place and on the same date, you were drunk and
disorderly, which conduct was of a nature to bring discredit upon the armed forces. As well, at the same place
and on the same date, you did, while in a detention cell, willfully and wrongfully expose in an indecent matter
to public view your genitalia. For this misconduct, you received an Article 15, with punishment consisting of
a reduction to airman, suspended forfeiture of $605 pay per month for 2 months, and 45 days extra duty. The
Article 15 action was placed into your UIF, and you were placed on the Control Roster. On 2 Oct 97, your ,
punishment of 45 days extra duty was mitigated to restriction to Osan AB, ROK, for 35 days. (Atchs 1.1, | 4,
1.4, and 1.5)

c. You were, at or near Osan AB, ROK, on or about 31 Jul 97, derelict in the performance of your duties,
in that you negligently failed to complete the Dormitory Standards Acknowledgment of Understanding by 30
Jun 97. In addition, at the game place and ono or t about 6 Jul 97 to 30 Jul 97, you failed to obey a lawful order

 

cohabitate in your dorm 1 room; to wit: you had amale friend spend the entire night in your room for 20 out of
24 nights. For this misconduct, you received a Letter of Reprimand (LOR), dated 1 Aug 97, which was placed
into your UIF. (Atchs 1.1, 1.6, and 1.7)
® e ED ZA8D-SO 2 —~

d. You did, at or near Fairchild AFB, WA, on or about 30 Oct 96, wrongfully possess with intent to
deceive, an invalid military identification card, then well knowing the same to be unauthorized. In addition, at
the same place and on the same date, you were derelict in the performance of your duties in that you willfully
failed to refrain from drinking alcohol while under the age of 21, as it was your duty to do. For this
misconduct, you received an Article 15, with punishment consisting of a reduction to airman and 25 days extra
duty. This action established an UIF. On 26 Feb 97, your punishment of reduction to airman was suspended.
(Atchs 1.1, 1.8, and 1.9)

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 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 and any special pay, bonus, or
education assistance funds may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. For an

appointment to consult the Area Defense Counsel (@jQigaaiMGgSANRNI™ . please contact him at 784-6774. 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 by _/¢7 4 hours on Lb? Pte, 26 (3 workdays) unless you request and
receive an extension for good cause shown. [ will send them 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 a medical examination. You must report to the hospital at» ”Ay > _ hours on

95 01H GE.

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 at the Orderly Room.

9. Execute the attached acknowledgment and return it to me immediately. oy

 
   

Colonel, USAF

e040

Commander

 

Attachments:
1. Supporting documents: .
1.1 AF Form 1137
1.2 AF Form 3070 (33 pp)
1.3. AF Form 1058 w/atch (2 pp)
1.4 AF Form 3212
1.5 AF Form 3070 (30 pp)
1.6 AF Form 1058
1.7 Letter of Reprimand, dated 1 Aug 97 (2 pp)
1.8 AF Form 3212
1.9 AF Form 3070 (3 pp)
2. Receipt of notification memorandum