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AF | DRB | CY2003 | FD2003-00190
Original file (FD2003-00190.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE  AMN 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

INDEX NUhIBER 

I  A67.10 

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EXIIIBITS SUBMITFED TO TIE BOARD 

1  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTlFICATION 
4 

-  -  - 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE 

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HEARING DATE 
12 Sep 2003 

CASE NUMBER 
FD-2003-00190 

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APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DlSCkIARGE REVLELV BOARD DFCISIONAL RATIONALE 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

. 

,-. 

TO: 

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

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AFHQ FORM 0-2077, JAN 00 

FROM: 

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

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00190 

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 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  or  that  provided  by  applicant  substantiates  an 
impropriety or inequity that would justify  a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 for failure to obey an order, three Letters of Reprimand for financial 
irresponsibility, presenting a false receipt of payment with the intent to deceive, being late for duty, failure to 
go and lying.  Additionally,  she received four Letters of Counseling for being late for work and for financial 
irresponsibility.  The applicant states that she believes she was discharged because she filed an Inspector 
General Report against her supervisors.  The DRB tried for two months to justify  the applicants'  claims and 
could not.  They also contacted the individual on two separate occasions to see if she could provide 
additional documentation to justify  her claim.  She could not. 
If she can provide additional documented 
information to substantiate an issue, the applicant should consider exercising her right to make a personal 
appearance before the Board.  If she should choose to exercise her right to a personal appearance hearing, the 
applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary 
post-service accomplishments as well as any contributions to the community.  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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 7 Jan 97 UP AFI 36-3208, 
para 5.49 (Misconduct -  Minor Disciplinary Infractions) .  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 18 Nov 74.  Enlmt Age: 19 5/12.  Disch Age: 22 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-85,  G-98,  M-70. PAFSC: 4A231 -  Biomedical Equipment. 
DAS: 25 Jul 95. 

b.  Prior Sv: (1) AFRes 28 Apr 94 -  30 Jun 94 (2 months 3 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Jul 94 for 4 yrs. Svd: 2 Yrs 6 Mo 7 Das, all AMS. 

b.  Grade Status:  AMN -  4 Nov 96 (Article 15, 4 Nov 96) 

A1C -  1 NOV 95 
AMN -  1 Jan 95 

c.  Time Lost:  None 

d.  Art  15's:  (1) 4 Nov 96, Langley AFB, VA  -  Article 92.  You, having 

of a lawful order issued by 
, not to operate a motor veh 

military installation, including Langley AFB, an order 
which it was your duty to obey, did, at Langley AFB, VA, 
between on or about 8 Oct 96. and about 11 Oct 96, fail 
to obey the same by wrongfully operating a motor 
vehicle.  Reduction to Airman.  (Appeal/Denied) (No 
mitigation) 
e.  Additional: LOR, 26 NOV 96 - 

LOR, 25 SEP 96 - 
LOR, 09 SEP 96 - 
RIC, 09 SEP 96 - 
RIC, 09 SEP 96 - 
RIC, 22 FEB 96 - 
RIC, 16 JAN 96 - 

Financial irresponsibility and presenting 
a false receipt of payment with the intent 
to deceive. 
Late for duty. 
Failure to go and lying. 
Late for work. 
Financial irresponsibility. 
Financial irresponsibility. 
Late for duty. 

f.  CM:  None. 

g.  Record of SV: 1 Jul 94 -  29 Feb 96  Langley AFB  5  (Initial) 

1 Mar 96 -  09 Dec 96  Langley AFB  2  (Cmdr Dir) 

(Discharged from Langley AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (2) Yrs  (8) Mos  (11) Das 

TAMS:  (2) Yrs  (6) Mos  (7) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 16 Apr 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Copy of Discharge Documents. 

7.  SUPPORTING DOCUMENTS (X as applicable) (Please print name and Social Secwity Number on each document.) 

H WIU NOT BE  SUBMITTED.  PLEASE COMPLETE REVIEW BASED  ON AVAILABLE SERVICE RECORDS. 

ARE  LISTED BELOW AND  AFE ATTACHED TO  THIS APWCATION: (Continue on a plain sheet of paper if more space is needed.) 
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a.  DOCUMENT 1 : 
Recommendation for Discharge (and  attachments) dated 23DEC96 -1 3 pages total 
b.  DOCUMENT 2: 

I c.  DOCUMENT 3: 

8.  ISSUES 

The b a r d  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 any issues that  provide a basis for upgrading your discharge.  However, the Board is not required t o  respond in 
writing t o  issues of concern t o  you unless those issues are listed a incaporated 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. 

M y  &-was 

kqaitsble-beesuse-it was & d e n   a cornpilatien &miner  infractions &&were eempiled and- - - - - 

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mediatesupervisors 
y complaint detailed a 
fraud; waste and ab 

buctid indnde he had full - - - - - - 
ectmymncerns to him;  - - - 
h o w l e d g e  of evergth~g that ocm~ed-piiortomy i.G.-mmpiairit; 
resulted-m-the dkc~vefy - - 
a d w a d e  no effm-toxomwthe~imtion DT rmovemzl?omthe 
-of~dr;misappfopPiarion o f  fm&weH  over $10,OOO;&scrimim~ion~sed on race; h~~smentm&assaulc.- Mmyof- - 
t h e  discipin;rry-i~~ctions-1isfed i n  m ~ r e ~ o ~ e n d a d o 6  
for-discatge were item rkit%ad-ozcnned montBs - - - - - - - - - 
- - - - - - - - 
prevlously%ur wete cited on 93396; lei% tlim2 w-e~ks afier-my-IrG:~omphfnt-wa~-fik~-inc~u&ng:-~~a-Le~~r-oT 
- - - 
ked tk-e-riiigtif 6f fSEP96 wlthoM netice- - - - 
ComCeBng - d a ~ e d ~ ~ -
whoiiiTliacIfiIe-&the bulEofmy--------- 
2)-a-Letfe7omepfi-man&dated  9SEP96 onntlie f esf 
- - - -   -- - - -   - - - -   - - - - -  
- - - - - - - -   - - - - - - - - . - - - - - - - -  
complaints agamst, denying I had 5-dottb-rs awoin&entto 
appeanng for my appointment on th5f  - - - - 
-Me 1 was aihiined toPoifsmouthNaGa1 HdspitarfoT3-diySJ 3)  a LXter of Coiiiic5eling-dded 24SEP96 fof5iiiingat- 
- 
- - - 
work %%%in 1 0-3iiiuies-oTmy iCiieduIe&time-aBii my EGhdowhi&been-shaftkieeay  i i i  
peiGi66 - - - - 
dicial P-UnisKent reiiulting inieduction of graide-daii&4NOV56b%dG-the iesiim&fof  - - - 

s m 6 n g  2p~e-%ppf0vfaY e 

f ~ ~  

. . . . . . . . . . . . . . . . . . . .  
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
0 7 ~ ~ N b 7 ,  w i h n  5 months of my I.G. complaint.  ~ i ; b  
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
the Air Force, I have since excelled in the sales field and am an active volunteer in the local community.  While I 
have put my military experience behind me, I am seeking an upgrade to an honorable discharge so that I may use my 
G.I. Bill benefits to complete my bachelors degree. 

the knowledge and many honor certificates I earned while h - -  

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I HAVE USTED ADDITIONAL ISSUES AS  AN AlTACHMENT TO THlS APPLICATION. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

I PREVIOUSLY SUBMrlTED AN  APPLEATION ON  (Enter date) 
AND AM  COMPLETING THlS FORM IN ORDER TO  SUBMIT ADDITIONAL ISSUES. 

I  I THE ABOVE ISSUES SUPEFtYDE A l l  PREVIOUSLY SUBMITTED. 

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9.  CERTIFICATION 

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

statement.  (U. S. C&,  mle  18, Section  1001, provides that an individual shall be fined under this tttle or imprisoned not more than 5 years, 
or both.) 

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ARMY 

Army Review Boards Agency 
Suppwt Division, St.  Louis 
AmN:  SFMR-RBR-SL 
9700 Page Avenue 
St.  Louis. MO  63132-5200 
(See http://arba. army.pentagon. mil) 
DD FORM 293, DEC 2000 

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NAVY& MARINE c&& 

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Naval C w n c ~ l  of Personnel Boards 
720 Kennon Street. S.E. 
Rm.  309 (NDRB) 
Washington Navy Yard.  DC 
20374-5023 

AIR  FORCE 

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COAST GUARD 

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SAFIMIBR 
550CStreetWest.Suite40 
Randolph AFB.  TX  78150-4742 

Cqmmandant (G-WPM) 
2100SecondStreet.S.W. 
Washington. DC  20593-0001 

Page 2 of 4  Pages 

DEPARTMENT OF 'THE AIR  FORCE 

HEADQUARTERS 1 ST FIGHTER WING 

LANGLEY  AIR FORCE BASE  VA 

/' 

MEMORANDUM FOR 

FROM:  1 MDSSICC 

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, Section H, Paragraph 
5.49.  If my  recommendation is approved, your service will be characterized with either an 
honorable or an under honorable conditions (general) discharge.  I am recommending that your 
service be characterized with an under honorable conditions (general) discharge. 

2.  My reasons for this action are: 

\ 

a.  You did, on or about 16 January 1996, without authority, fail to report to your place of 
duty, in which it was your duty to do.  For this misconduct you received a letter of counseling 
on  16 January 1996.  (Attachment 1) 

b.  You did, on or about 5 February 1996, make and utter a certain check for payment to 

your landloard, and therefore dishonorably fail to maintain sufficient funds in your account for 
payment.  For this misconduct you received a letter of counseling on 22 February 1996. 
(Attachment 2) 

c.  You did, on or about 8 August  1996, make and utter a certain check for payment to 

Little Creek Navy Exchange in the amount of  $100.00 and did thereafter dishonorably fail to 
maintain sufficient funds in your account.  For this misconduct you received a letter of 
counseling on 9 September 1996.  (Attachment 3) 

d.  You did, on or about 9 September 1996, without authority, failed to report to you place 

of duty in which it was your duty to do so.  For this misconduct you received a letter of 
counseling on 9 September 1996.  (Attachment 4) 

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e.  You did, on or about  19 July  1996, having knowledge of a lawfbl order to report to 
your duty section, fail to obey the order which it was your duty to do.  For this misconduct 
you received a letter of reprimand on 9 September 1996.  (Attachment 5) 

f  You did, on or about 24 September 1996, without authority, failed to report to your 

place of duty which it was your duty to do.  For this misconduct you received a letter of 
counseling on 25 September 1996.  (Attachment 6) 

, 
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4 

 

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'  g.  You, having knowledge of a lawful order issued b

not to 
1,  o~erate a motor vehicle on any military installation, i n c l u d i g F ~ a n ~ l e ~  Air Force Base, an order 
it was your duty to obey, did, at Langley Air Force Base, Virginia, between on or about 

&ch 
8 October 1996 and about  11 October 1996, fail to obey the same by wrongfully operating a 
motor vehicle at Langley Air Force Base, Virginia.  For this misconduct you received 
nonjudicial punishment on 4 November 1996, consisting of reduction to the grade of Airman 
(E-2), with new date of rank of 4 November  1996.  (Attachment 7) 

h.  You did, on or about 15 October 1996, forge a receipt from the Naval Base Exchange in 

the amount of $127.50 with the intent to deceive your supervisor.  For this misconduct you 
received a letter of reprimand on 26 November  1996.  (Attachment 8) 

Copies of the documents to support this recommendation are attached and will  be forwarded to 
the separation authority.  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. 

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 Ca 
Counsel, 56 Willow Street, Suite 101, Ext 5607 at 
may consult civilian counsel at your own expense. 

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  0 'j~, 0  , 
and receive an extension for good cause shown.  I will send {hem to the separation authority. 

b 1996 unless you request 

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  ust report to the 1st Medical 
Group, Physical Exam Section at/g80 
examination will be scheduled if necessary. 

hours on  2 

1996 and an additional 

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 unit orderly room. 

h 

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