AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD  7 

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PERSONAL APPEARANCE 

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RECORD REVIEW  -7 

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VOTE OF THE BOARD 

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lssUEs 

A93.01 

HEARING  DATE 
30 Oct 2003 

INDEX NUMBER 

~ 6 7 . 1 0  

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOA"RD 

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ORDER APPOMTMG THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

> $ 4  

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ATION 

1  BRIEF OF PERSONNEL. FILE  d 
I  COUNSEL'S RELEASE TO THE BOARD 
1  ADDITIONAL EXHlBlTS SUBMITTED AT TIME OF 
I  TAPE RECORDING  OF PERSONAL APPERANCE 

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APPLICANT'S  ISSUE AND THE BOARD'S  DEClSIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REI'lEW  BOARD DF.CISIONAL RATIONALE 

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I 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 
sub~nit an application to the AFBCMR 

TO: 

S AFNRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIIbIBER 

FD-2003-00180 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change of reason for 
discharge and change of reenlistment eligibility code. 

3 

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at 
Andre 

ber 30, 2003.  The following witnesses also testified on the applicant's 

behal-. 

FINDINGS: Upgrade of discharge is denied. 

The Board finds that neither evidence of record nor that provided by the applicant substailtiates an inequity 
or impropriety that would justify  a change of discharge. 

ISSUES: The applicant's issues are listed in the attached brief.  The applicant requests upgrade of her 
discharge in order to reenter the Armed Services.  The applicant contends her discharge was improper 
because of errors in disciplinary documentation, her supervisor illegally obtained her hotel receipts, and 
incorrect counseling regarding re-classification into alternate career fields.  She believes her discharge was 
inequitable because it was too harsh, she was immature, and she had a personality conflict with her 
supervisor whom she contends relentlessly sought to catch her breaking rules.  She further contends that her 
post service conduct is reflective of maturity and ability to serve. 
The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary 
infractions after 9 months of service.  The member had two Letters of Reprimand, and one Article  15 for 
repeated underage drinking, breaking curfew, and wrongfully entering hotels in violation of lawful 
instructions.  The DRB took note of the timing of repeat offenses that occurred within days of formal 
disciplinary actions. 
Following completion of basic training and entering technical training, the applicant twice requested 
reclassification  into alternate career fields, the latter occasion due to an expressed fear of heights that 
interfered with completion of training requirements.  After refusal to participate in pole climbing training, 
the applicant was apparently pending consideration for reclassification into a third career specialty.  During 
this hiatus in training, the applicant was caught consuming alcohol under legal age, was disciplined, and 
referred for alcohol abuse evaluation and counseling.  Following the initial incident of misconduct, the 
applicant testified she was notified she would not be reclassified into a third career field and was to be 
administratively discharge.  The applicant then engaged in the repeated misconduct noted above leading to 
administrative discharge due to misconduct rather than due to failure in training (with an honorable 
discharge).  Review of personnel records found no impropriety in documentation of disciplinary actions 
including witness statements obtained by the applicant's  supervisor.  Legal counsel also found no evidence 
the applicant's  supervisor acted illegally in obtaining a hotel receipt.  Although the applicant testified she 
was misled about reclassification into the career field of her choice, and her chances of reclassification into a 
third career field after she refused to participate in training due to her fear of heights, the Board found no 
evidence her chain of command acted improperly.  The Board opined her initial misconduct while in a status 
awaiting consideration for her second reclassification influenced the decision to deny further reclassification 
and training.  The DRB agrees with the applicant's contention that she was immature, but concluded her 
supervisor was appropriately performing his duties.  The DRB was impressed with the applicant's  honesty, 
and acceptance of responsibility for her behavior.  The applicant's post service accomplishments reflected 
favorably on her current level of maturity and responsibility.  Although the Board felt that she had learned 
from her experience in the Air Force, that such immature behavior was unlikely to recur, and that she had 
potential for service, there was no evidence of impropriety or inequity upon which to base an upgrade of her 
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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2003-00180-A 

(Former AlC) (HGH AlC) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a Gen Dish fr USAF  12 Mar  01 
UP AFI 36-3208, 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals  for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 6 Jun 01. 

b.  The AFDRB  reviewed case on 21 Aug  01  (non-appearance w/o 
counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED  FOR REHEARING:  Appl  (DD Fm 293) dtd 3 Apr  03. 
(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

Atch 

1.  DD Forms 214(Member 4 &  1). 
2.  Letter of Appreciation. 
3.  Certificate of Training. 
4. AF Form 1168, Statement of Suspect/Witness/Complainant. 
5.  AF Form 3070. 
6.  AF Form 1168, Statement of Suspect/Witness/Complainant. 
7. Notification Memorandum. 
8.  AF  Form 1168, Statement of Suspect/Witness/Complainant. 
9. Letter of Reprimand,  9 Feb 01. 
10. Applicant's  Issues. 

Docuwnt 4 
7his document I have submitted is a Letter o r  Appreciathu from  my student Leader 
wogram ~ o u i t o r .  r  was the head rope iu the buildikj a d  iu charge of my e n t i r e  
building, which cousisted of all the females  oftwo squadrons located o u  L a c M a d  
AfB, ~ e d i u a  A u w .  

Document B 
7his documeut shows that I was a smart,  motivated studeut who did fiuish  her first 
technical school with no problem a d  received my certificate  Dfmaiuing for  the 
course. 

~ocument C 
This documelht is a partially false statewlht from 
he goes o n  t o  say that I called him frovu  a paypho 
much is true.  I was at the hotel a d  I did walk t o  a pa9phon.e to call 
However,  I had called them a d  asked them t o  c 
ey  came t o  the hotel shortly afier  my call t o  them.  However,  I 
begged them to take rue back t o  the base a d  they weut o u  t o  say that they could uot 
do so,  because they were driuK~ng a d  d v i v i q  a d  the8 did not want t o  get caught at 
the gate o n  base.  s,o they told w they would t a b  rue with them t o  another place.  I 
cab not remember where it was that they offered t o  take w, although,  I did not waut 
t o  go there. I waded to go home.  I did not waut t o  be at a hotel o r  any sort Dfplace lilee 
ough,  I had no way to get there.  f ~ u l l y ,  I 
that,  I wanted t o  be iu m y  
coud~nced another aiwueu, 
t o  l e d  rue his car so  I could go back t o  the 
base a d  pick the rest of them up in the w d q .  
witness sigh this document.  kte signed the witvcess f o r m   himself. 

LSO ckd  not have a 

Docuwnt D 
I& this docuwnt there was uo w i t w s  sigued,  because there was uo w W s  iu the 
room with myself a d  
it states 'signature  of person vuakiq statewlht.. 
docuwnt ivccovuplete a d  iuvalid. 

. Also,  my siguture is not o u  the last page,  where 

IM. m y  opibn, that malees this 

Docurueut E 

witness. 

L 

. There was uo 

Docuruev~t F 
This WR should uot have beeu issued iu my opinio~.. I admit t o  b e i q  a t  a hotel a t  
one time,  although, 
went t o  the hotel a d  retrhed m y  hotel receipt and 
gained entrance into my room.  That is quite illegal.  t-te is not m y  parental 

guarditru.  H e  had no legal @ht  to obtaiu my hotel receipt o r  gaiu access t o  my room. 
This was a u  illegal move by both the hotel andrgYIIIIIYZF hirwelf.  Therefore,  how 
cau I be  iu tvouble for  doing something wrong,  wheu -iweLf 
breaking the Law? 

was 

Docuncent q 
NO  witwss has signed this docuwut o w e  agaiu o u  the first page and o h  the second 
. r h i s  was a statewnt m d e  by a fviend of 
P"9e) 
statewut is also partially false.  He states 
mine, 
that he wasu't aware if there was o r  wasu't alcohd iu his tvccuk  however,  he was the 
purchaser of it. He did stay the Might at the hotel as well. 

?. 

Docuvueut l-t 
This is a copy of my Article 15. 

Docuwnt I 
Nowhere does it say that we  are not albwed t o  ~ ~ u t  
are not allowed t o  be iu ow.  Therefore,  how ca u I get wvitteu up for  r e n t i n g  OM. 
agaiu 
room with w. 

a hotel room.  1tjus.t  stat&  that we 
ALSO, 

signed the w i t w s  place himself,  there was wer a witness iu the 

Docuvuent_l 
The highlighted item o u  this docuwut states that I was d Y i u M q  underage.  However, 
there was alcohol where  I was,  but I was wt d v i d & q  and there is a bsolutely no proof 
that I was.  r h e r e  were other a i w u  there of age.  They were the o w  that were 
d v i u k i q .   How cau I get iu tvouble for  sowthiug that they cau no prove.  luwcenk 
unkil proveu guiLty,  no? 

I am wt S R Y ~ M ~  
situation. 

that I was the perfect airmen.  But them briefly  explain t o  you my 

L 

I was  in tech school for  Aircrew, then I had t o  t a b  a break t o  have my wisdom teeth 
pulled.  ~ u r i n g  this break 1 learned wre a bout the crew chief  career and became 
iMUrested in it. I asked m y  suped~sors if there was a way  I could chaqe my job and 
they said as aircrew you can pull o u t  at anytiw.  I explained t o  them that I did not 
want out of aircrew,  unless I could become a crew chief.  since I was already in the 
crew chiefsquadron they said they could a l w s t  guarantee that I would get that 
Afsc. s o  I went ahead and pulled o u t  of aircrew a n d  waited w n t h s  t o  be reclassed. 
F~mlly, I was reclassed i n t o  cable.  Not only in BMT did I state that I was afraid of 
heights, but I did n o t  want cable.  I wanted crew chief,just  like 1 had beenpromised.  I 
was t o l d  t o  stick it o u t  until it was time t o  climb the poles and that then r  would get 
reclassed.  s o  I becaw a student Leader and finished  my first  tech school with uo 
problem.  ~ u r i n g  m y  first  tech school,  I was a w d e l  a i w n .  I ran the e n t i r e  female 
building and maintained good grades.  I was the head rope of my squadron.  Then I 
we&  o n  t o  my second tech school,  where  I had t o  climb poles.  I refused  t o  do so and 
requested t o  be  reclassed. 
was probably going t o  get 
stated that they usually do uot reclass wre 
than o w e .   At this point,  I became very bitter.  I wanted t o  stay in, ijwt did not want 
t o  climb poles.  1 was afraid of  heights.  tie was  not happy that I refused t o  climb poles 
and 1 was seut: t o  do details for  many w n t h s  t o  cow.  s i t m e  I thought I was getting 
seut: home and I was b i t t e r  about that,  I figured why should I follow  their rules? 
qranted,  w w  I realize this was the wrong t r a i n  ofthough,  at the time this is how I felt. 
SO  I did begin breaking curfew  and actuaUy ended up losing my rope.  I was wt in 
school,  so o n  a daily basis ( would w a b  up and sweep and v ~ a p  floovs.  f i a t  w d e  me 
,  even angrier.  ljoiwd the Air Force t o  better my life  a n d  protect my C O K V L ~ ~ Y ,   wt to 
kt the full resovLibility for  the things I did do wrong,  but wt 
become a j a  
wrote RU  up for.  I was a great a i w n  until I was told I was 
everything 
going t o  be  seut: h o w  from the service.  rherefore,  I do wt think I deserve a gerzeral 
discharge.  1 wanted to stay in and serve m y  c o u n t n ~  as a model a i w n  should.  ~f 
you would please c o w i d e r  my request t o  upgrade my discharge to OW howrabk SO I 
can r e e d k t  W o  the sed~ce. I have Leawd my lesson from  b r e a b q  curfew  and I am 
now of age to drink,  therefore  I will LhOt be  getting in trouble for  underage drinleing.  I 
would like t o  reenlist and become a student leader with high academic grades o w e  
again. 

old w that they would not reclass me  and I 

Thank you, 

. 

I 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/03/12 UP AFI 36-3208, 
para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for Honorable 
Disch &  to Change the Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 80/12/31.  Enlmt Age: 19 4/12.  Disch Age: 20 2/12. Educ:HS DIPL. 
AFQT: N/A.  A-59,  E-59,  G-72,  M-47. PAFSC: 1A411 - Airborne Battle Management 
Systems Helper. DAS: 00/11/01. 

b.  Prior Sv:  (1) AFRes 00/05/24 -  00/06/06  (13 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  00/06/07 for 6 yrs. Svd: 0 Yrs 9 Mo 6 Das, all AMS. 
Grade Status:  A1C -  00/12/08 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 01/02/01, SheppardAFB, TX -  Article 92.  You did, o/a 

10 Jan 01, violate a lawful general instruction, to wit: 
para 2.1.8, Sheppard AFB Instruction 36-2902, dated 15 Oct 
97, by wrongfully entering a local area motel.  You did, o/a 
10 Jan 01, violate a lawful general instruction, to wit: 
para 2.1.11, Sheppard AFB Instruction 36-2902, dated 15 Oct 
97, by wrongfully consuming alcoholic beverages while under 
the legal drinking age of 21.  You did, o/a 10 Jan 01, 
violate a lawful general instruction, to wit: para 7.3.4, 
Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by 
wrongfully failing to return to and remain in your assigned 
dormitory room from 2200 to 0400.  Forfeiture of $250.00 pay 
per month for 2 months.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 09 FEB 01 - Violation of AFI 36-2902, by entering a 

local area hotel, wrongfully consuming alcoholic beverages while under 
the legal drinking age of 21, and failure to return to assigned 
dormitory room from 2200 to 0400. 

consuming alcoholic beverages while under the legal drinking age of 21. 

LOR, 08 JAN 01 -  Violation of AFI 36-2902, by wrongfully 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Sheppard AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (0) Yrs  (9) Mos  (19) Das 

TAMS:  (0) Yrs  (9) Mos  (6) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/03/12. 

(Change Discharge to Honorable and Change the Reason and Authority for 

Discharge) 

Issue 1:  I feel I deserve a new reentry code and should get my reason for 

discharge changed from misconduct to academic or medical.  I was told I was 
getting was getting discharged since I got reclassed into an AFSC that I had to 
climb a water tower and I am afraid of heights.  Due to this, I felt it didn't 
matter how much trouble I got into, because they were kicking me out anyway. 
There is more to these stories, which I will to bring up in front of the board. 

ATCH 
1. DD Form 149. 

DEPARTMENT OF THE AIR  FORCE 
AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FO 

FROM:  364 TRSICSS 

SUBJECT': Notification Memorandum 

. 

. 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am  recommending that your service be characterized as under 
honorable conditions (general). 

2;  My reasons for this action are: 

a.  You did, at or near Sheppard AFB TX, on or about 3 Feb 01, violate a lawful general 

instruction, to wit:  paragraph 2.1.8, Sheppard AFB Instruction 36-2902, dated  15 Oct 97, by 
wrongfully entering a local area hotel.  For this infraction you received a Letter of Reprimand 
(LOR) on 9 Feb 01. 

b.  You did, at or near Sheppard AFB, TX, on or about 10 Jan 01, violate a lawful general 

instruction, to wit:  paragraph 2.1.8, Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by 
wrongfully entering a local area hotel.  For this infraction and subparagraphs "c"  and "dm below 
you received an Article 15 on 1 Feb 01. 

c.  You did, at or near Sheppard AFB, TX, on or about  10 Jan 01, violate a lawful general 

i~.~stn~ction 
wrongfully consuming alcoholic beverages while under the legal drinking age of 21. 

to wit: paragraph 2.1.11, Sheppard AFB Instruction 36-2902, dated  15 Oct 97, by 

d.  You did, at or near Sheppard AFB, TX, on or about  10 Jan 01, violate a lawful general 

instruction to wit: paragraph 7.3.4, Sheppard AFB Instruction 36-2902, dated  15 Oct 97, by 
wro~~gfully failing to return to and remain in your assigned dormitory room from 2200 to 0400. 

e. You did, at or near Sheppard AFB, TX, on or about 24 Nov 00, violate a lawful general 

instruction, to wit:  paragraph 2.1.1 1, Sheppard AFB Instruction 36-2902, dated 15 Oct 97, by 
wrongfully consuming alcoholic beverages while under the legal drinking age of 2 1.  For this 
infraction you received a LOR on 8 Jan 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.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and will probably be denied enlistment in any component of the 
Armed Forces. 

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3.  You  have the right to consult counsel.  Mil' 
1 have made an 
tment for you to consul 
1638, Room  1 
a t a m o u r s .  
expense. 

Y 

has been obtained to assist you. 
Area Defense Counsel, at Bldg 

t civilian counsel at your own 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me b n  mt b 1 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 were scheduled for a medical examination on 1 5  Feb 01 at 0900 hours. 

7.  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 364 TRS commander's support staff office. 

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

Attachments (listed on next page)