4 AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  

AFSN/SSAN
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PERSONAL APPEARANCE

  

Xx RECORD REVIEW

   

 

 

 

  

AME OF COUNSEL AND OR ORGANIZATION

MEMBER SITTING

  
 
 
 

ADDRESS AND OR ORGANIZATION OF COUNSEL

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INDEX NUMBER A61.00

 

HEARING DATE CASE NUMBER

FD-2003-00241

23 Sep 2003

 

Case heard at Washington, D.C.

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Advise applicant of the decision of the Board.

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SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, |X 78150-4742

 

 

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

 

 

 

* Change reason and authority to Secretarial Authority. SPD: JFF

 

 

 

 

     

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

 

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MP 20762-7002

 

Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 9093-00241

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: The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety that would justify upgrade of the discharge. However, after a thorough review of the record, the
Board finds that the applicant’s character of discharge and reason for discharge are inequitable.

Issues. The applicant was discharged with an under honorable conditions (general) discharge for
discreditable involvement with military or civil authority. Member had a Letter of Reprimand related to a
civilian conviction for driving under the influence, and an Article 15 for violating a lawful order by driving
on base while her driving privileges were revoked. These offenses occurred while assigned to Altus AFB,
OK. The record also disclosed that while assigned to Royal Air Force Station Lakenheath, United
Kingdom, member was diagnosed an alcohol abuser and entered into residential rehabilitation treatment,
which she subsequently failed. (She was re-entered into rehab after her alcohol offense at Altus AFB.)
Additionally, while in the UK in 1989, her security clearance was revoked and she was permanently
decertified from the Personnel Reliability Program due to her statements voicing disagreement with the
existence and use of nuclear weapons; she was a munitions line delivery crewmember at the time.
Although an administrative discharge was contemplated, it was not executed, and member was allowed to
cross train. Member now attributes her negative behavior to marital struggles. Applicant also notes she has
matured since leaving the military. She is married with a son and steady employment, and went to college
to improve herself. Applicant infers her misbehavior was a direct result of her inability to properly handle
her marital problems, and was not indicative of her true character then or now. The passage of time has
ameliorated the problems, and applicant now believes she is worthy of an honorable discharge based on her
post-service accomplishments. While the Board did not condone applicant’s misconduct, which was a
departure from conduct expected of all military members, they also noted applicant was not involved in
serious criminal misconduct, and there were extenuating circumstances that may have predicated some of
the incidents. But for these offenses, applicant was a good airman and citizen, and has continued to be a
good citizen since her discharge. The Board felt it would have been more equitable to allow her a period of
probation and rehabilitation, or to have completed her period of service with her service characterized as
honorable. Therefore, the Board found sufficient mitigation at this time to render the characterization of the
discharge received by the applicant too harsh.» The Board found the evidence submitted by applicant
sufficient to warrant an Honorable discharge, and to change the reason and authority for 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.

However, in view of the foregoing findings, the Board also concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge and the reason for the discharge is more
accurately described as Secretarial Authority. The applicant’s characterization and reason for discharge
should be changed to Honorable, and Secretarial Authority; under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief
FD2003-00241
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

MISSING MEDICAL RECORDS
(Former A1C) (HGH Alc)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 28 Dec 90 UP AFR 39-10,

para 5-47a (Misconduct - Discreditable Involvement with Military or Civil
Authority). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 4 May 66. Enlmt Age: 21 3/12. Disch Age: 24 7/12. Educ: HS DIPL.
AFOT: N/A. A-94, E-52, G-59, M-39. PAFSC: 60330 - Apprentice Vehicle
Operator/Dispatcher. DAS: 8 Jan 87.

b. Prior Sv: (1) AFRes 6 Aug 87 ~ 24 Aug 87 (19 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 25 Aug 87 for 4 yrs. Svd: 3 Yrs 4 Mo 4 Das, all AMS.

b. Grade Status: Al1C - 25 Dec 88
AMN- (APR Indicates): 25 Aug 87-24 Aug 88

c. Time Lost: None.

d. Art 15's: (1) 14 Nov 90, Altus AFB, OK - Article 92. You, having

knowledge of a lawful order issued by égQRNIGRANNGiOne.

, to wit: Notice of Revocation of Driving
Privileges (One Year), 13 Jun 90, an order which it was
your duty to obey, did, on or about 1 Nov 90, fail to
obey the same by wrongfully driving a motor vehicle on
base. Suspended reduction to Airman, and forfeiture of

$100.00 pay per month for two months. (No appeal) (No
mitigation)

e. Additional: LOR, 18 JUN 90 - Driving under the influence of liquor.

£. CM: None.

g. Record of SV: 25 Aug 87 - 24 Aug 88 RAF Lakenheath 9 (Annual)
25 Aug 88 - 25 May 89 RAF Lakenheath 2 (CRO)
26 May 89 - 25 May 90 Altus AFB . 3 (Annual)
(Discharged from Altus AFB)
h. Awards & Decs: AFTR, AFGCM, AFOSLTR.

i. Stmt of Sv: TMS: (3) Yrs (4) Mos (23) Das
TAMS: (3) Yrs (4) Mos (4) Das
FD2003-00241

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 14 May 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH

1: Applicant's Issues.

2. Three Character References.
3. College Training Certificate.

24JUL03/ia
fbzc03-c02$¥! AY

  

To the United States Air Force Representative:

 

I was discharged in 1991 with a “General under Honorable Conditions Discharge”. I
would like to get the discharge upgraded to Honorable and I have documentation to
back my claim up. I was a young girl with a lot of emotional struggles at the time of
my discharge and I had a lot of maturing to do. I regret some of the decisions I made
in haste during my enlistment with the Air Force and I would like to state that I am a
very responsible, hard working, productive American citizen and I can now look back
and say that the military helped me achieve some of these qualities.

I am married and have an 11 year old son, I work full time as a payroll clerk and have
been employed in the same line of work for four years now. I have been a reliable
hard worker and have enclosed documents to support this. I own a house and have a
good productive life within my family and community. I also have been a volunteer in
the community. I attended college to better myself and finish what I tried to do twice
when I was younger. I received a Medical Secretary Certificate from Chattanooga
State (See enclosed document) and at the time I attended college my employer paid
80% of my tuition.

The military taught me a lot of things and even though I left on not so good terms I
am proud that I served and if I could do it all over I would do it better and make
wiser choices.

About a year before I was discharged I started having problems in my very new
marriage because we were stationed many miles apart. I struggled to deal with this
and it led me to do some pretty desperate things. I basically pushed to get out of the
service so that I could go get my life straightened out but that didn't work. They
stationed me back in the states in a remote place in Oklahoma. Then my spouse got
out of the Army, where he was in the Special Forces, to come be with me in Oklahoma
until I could get out. We still had problems. He wanted to be back in the military and
I wanted to be out. I made some more desperate choices to see that I got out and
that is what led me to the General discharge. I pretty much “bucked” the system this
time so they relented and let me go. I wish things could have been different now that
I am older and can see what damage I did.

I would like to be considered for an upgrade and beseech you to please consider my
case and changing my status. Thank you for your time.

Sincerely,
. i FD 2008 - 02 AY/

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 443D MILITARY AIRLIFT WING, TRAINING (MAC)
ALTUS AIR FORCE BASE, OKLAHOMA 73523 —

 

REPLY TO
atmnoF; 443 TRANS/CC 11 Dee 90

sussect: Letter of Notification

 

1. I am recommending your discharge from the United States Air Force for
Discreditable Involvement With Military or Civil Authorities. The authority
for this action is AFR 39-10, Chapter 5, Section H, Paragraph 5-47a. If my
recommendation is approved, your service could be characterized ‘as Honorable
or General. I am recommending that your gervice be characterized as General.

2. My reagons for this action are:

a. You did, on or about 1 Nov 90, fail to obey a lawful order issued by
a superior commissioned officer as evidenced by the Notice of Preliminary
Revocation/Revocation of Driving Privileges (One Year) letter dated 13 Jun
90, the DD Form 1569 (incident complaint form) dated 2 Nov 90, and the AF
Form 3070 Record of Nonjudicial Punishment Proceedings dated 13 Nov 90.

b. You did, on or about 9 Jun 90, drive while under the influence of
intoxicating liquor ag evidenced by the Record of Court Action dated 11 Jun
90 for which you received a Letter of Reprimand dated 18 Jun 90 and an
Unfavorable Information File action was inititated as evidenced by the AF Form

1058 dated 27 Jun 90.

3. Copies of the documents to be fowarded to the geparation authority in
Support of my 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. If you are discharged, you will be ineligible

for reenlistment in the Air Force.

4. You have the right to consult legal counsel. Military legal counsel hag

been obtained to assist you. I have made an appointment for you to consult
can 7501, at Bldg 45 on 12 Dec 90 at 0900 hrg. You may consult

civilian counsel at your own expenge.

5. You have the right to gubmit statements in your own behalf. Any
gtatement you want the separation authority to consider must reach me by 14
Dec 90 unless you request and receive an extension for good cause shown. I
will send them to the geparation authority.

6. If you fail to consult counsel or 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 USAF Hospital, Altus AFB at 0900 on 11 Dec 90 for the examination.

My

MAC-—THE BACKBONE OF DETERRENCE
Fp 2a63 - CORY]

8. Any personal information you furnish in rebuttal is covered by the
Privacy Act Statement as described in AFR 39-10, attachment 6. A copy of AFR

39-10 igs available for your use in the unit orderly room.

9. You may requast to be placed on excess leave provided processing of this
separation action no longer requires your presence. AFR 35-9 provides

guidance on excess leave.

10, Execute the attached acknowledgement and return it to me immediately.

3 Atch
1. Supporting documents for the reagon

for discharge
A.(1) Notice of Preliminary Revocation/

Revocation of Driving Privelges,
13 Jun 90
(2) DD Form 1569, 2 Nov 90
(3) AF Form 3070, 13 Nov 90
B.(1) Record of Court Action, 11 Jun
90
(2) Letter of Reprimand, 18 Jun 90
(3) AF Form 1058, 18 Jun 90
C. DD Form 4/1
2. Airman’s acknowledgement of the Letter
of Notification
3. Documents containing derogatory
information not contained in the
Letter of Notification
A. AF Form 418, 15 Jun 90
B. AF Form 2731, 5 Dee 89