. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

 

PERSONAL APPEARANCE

 

x RECORD REVIEW

 

) NAME OF COUNSEL AND OR ORGANIZATION

 

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ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

 

 

 

 

 

 

 

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ISSUES

A95.00

INDEX NUMBER

A67.10

 

 

 

 

 

 

 
   

1 | ORDER APPOINTING THE BOARD

 

 

 

 

 

 

 

           
  
  
 

SIGNATURE OE}

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

 

2 | APPLICATION FOR REVIEW OF DISCHARGE
1.
| 3_| LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
L COUNSEL’S RELEASE TO THE BOARD
HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
19 Aug 2003 FD-2003-00284 [ PERSONAL APPEARANCE

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

 

 

    

 

  

 

 

RANCE

= oT

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
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL
RATIONALE FD-2003-00284

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was unable to identify any that would justify a
change of discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity on which to base an upgrade of discharge. The records indicated the applicant received an
Article 15 for leaving her place of duty; being derelict in the performance of her duties, and with intent
to deceive, make an official statement that was totally false. Additionally, she received a Letter of
Reprimand for dereliction do duty and for being disrespectful towards superior officers. She also
received four Letters of Counseling for dereliction of duty, failure to perform assigned duties, leaving
her scheduled place of duty without authority and for financial irresponsibility. 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
FD2003-00284
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)
MISSING MEDICAL RECORDS

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Aug 93 UP AFR 39-10,
para 5-46 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 10 Sep 72. Enlmt Age: 17 7/12. Disch Age: 20 11/12. Educ: HS DIPL.
AFOT: N/A. A-70, E-41, G-48, M-34. PAFSC: 90250 - Medical Service Specialist.
DAS: 24 Sep 91.

b, Prior Sv: (1) AFPRes 2 May 90 - 6 Feb 91 (9 months 5 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 7 Feb 91 for 4 yrs. Svd: 2 Yrs 6 Mo 14 Das, all AMS.

b. Grade Status: AMN - 7 May 93 (Article 15, 7 May 93)

c. Time Lost: None.

d. Art 15’s: (1) 7 May 93, Scott AFB, IL - Article 86. In that you,
did, on or about 26 Apr 93, without authority, left your
appointed place of duty. Article 92. In that you, who
knew of your duties at USAF Medical Center Scott, Scott
AFB, IL, on or about 26 Apr 93, were derelict in the
performance of those duties in that you negligently
failed to properly document the Input and Output sheet,
as it was your duty to do. In that you, did, at USAF
Medical Center Scott, Scott AFB, IL, on or about 26 Apr
93, with intent to deceive, make to 277 Lt amma
a an official statement, to wit: You stated that
the o(2) saturation on the patient was 88%, which
statement, was totally false, and was then known by you
to be so false. Reduction to Airman. (Appeal/Denied)
(No mitigation)

e. Additional: RIC, 21 JUN 93 - Financial irresponsibility.
RIC, 0S DEC 92 ~ Leaving scheduled place of duty without
authority.
LOR, 22 OCT 92 ~ Dereliction of duty, disrespect for
officers appointed over her.
RIC, 08 SEP 92 - Failure to perform assigned duties.
RIC, 09 DEC 91 - Dereliction of duty.
FD2003-00284

£. CM: None.

gq. Record of SV: 7 Feb 91 - 6 Oct 92 Scott AFB 3 (Initial)
(Discharged from Scott AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (3) Yrs (3) Mos (19) Das
TAMS: (2) Yrs (6) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Jun 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

10JUL03/ia
Fy 2003 ~ OORT T

FROM: USAFP Medical Center Scott/sGQo

SUBJ: Notification Letter

1. I am recommending your discharge from the United States Air
Force for minor disciplinary infractions. The authority for this
action is AFR 39-10, paragraph 5-46. If my recommendation for
discharge is approved, your service may be characterized as

honorable or general. I am recommending that your service he
characterized as general.

25 JUN 1993

2. My reasons for this action are:

a. Several complaints from staff members about your work not
being completed when you stated that it was done, and the
treatment of your patients. For this misconduct you received a
Letter of Counseling (LOC) dated 9 Dec 91.

b. Failure to perform assigned duties during your shift for
which you received an LOC dated 8 Sep 92.

c. Leaving the ward several times, failing to let the nurse
on duty know your whereabouts, and speaking disrespectfully to a
nurse when advised you to polish your shoes to conform with AFR
35-10. For this misconduct you received a Letter of Reprimand
(LOR) dated 22 Oct 92.

qd. Igqnoring patient call bells, and using foul language ina
patient care environment, for which you received an LOR dated
22 Oct 92.

ee. Leaving your scheduled place of duty, a CDC review class,

without authority. For this misconduct you received an Loc dated
5 Dec 92,

£. Leaving your appointed place of duty, the Medical Center,
without authority. For this misconduct you received an Article
15 dated 4 May 93, with UIF entry.

g. On or about 5 Jun 93, you uttered Check 363 ($30.00) and
failed to maintain sufficient funds in theggyp Credit union
for payment of this check upon its presentment. For this
misconduct you received an LOC dated 21 Jun 93.

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. If you are discnarged, you will be ineligible for
reenlistmant in the Air Force.
FD20035 ~-O SR OF

 

4. 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 with the Area Defense Counsel,
Capt QM Building P-7, on Qf Dun G25, at OF30
hours. You may consult civilian counsel at your own expense.

5. You have been scheduled for a medical examination. You must
report to USAF Medical Center Scott, Physical Bxaminations

Section, at OC B00 on as Jun 9s for the

examination.

6. You have the right to submit statements in your own behalf.
Any statements you want the separation authority to consider must
reach me by jo Jun 93 fofee unless you request and receive an
extension for good cause shown. I will send them to the
separation authority.

7. j.«.xw£f 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.

8. Any personal information you furnish in rebuttal is covered
by the Privacy Act Statement as explained in AFR 39-10,
Attachment 2. A copy of AFR 39-10 is available for your use in
the squadron orderly room.

eae. . USAF 7