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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

OF SERVICE MEMBER (LAST, FIRST MIDDLE I N I T I ~  

1  GRADE 

I  AFSNISSAN 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

1  1  I  ORDER APPOINTNG THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3 1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL.  APPERANCE 

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HEARING DATE 

1  06 Dec 2003 

CASE NUMBER 

I  FD-2003-00298 

Case heard at Randolph AFB, Texas. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR 

TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

I  FROM: 

I 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSOhTEL COUNCIL 
A1R FORCE DISCfIARGE REVIEW BOARD 
1535 COMMAND DR  EE m G .
 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

F~-2003-00298 

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 contaks 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.  The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant 
substantiates an inequity or impropriety 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 in this case 
on which to base an upgrade of discharge.  The records indicated that the applicant received two nonjudicial 
punishment  actions  for  twice  failing  to  go  at  the  time  prescribed  to  her  appointed  place  of  duty  and 
wronghlly appropriating a car and a cellular phone, and a vacation of suspended nonjudicial punishment for 
failure to go to her appointed place of duty.  The applicant also received a summary court-martial conviction 
for failure to go to her appointed place of duty.  Additionally, the applicant received four counselings, five 
Letters of Reprimand, and had her promotion to airman first class withheld.  The DRB opined that through 
these administrative nonjudicial,  and judicial  actions, the  applicant had  ample opportunities to  change her 
repetitive, negative behavior.  The Board concluded the disciplinary infractions were a significant departure 
from the conduct expected of all military members. 

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 

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DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 16 May 00 UP AFI 36- 
3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 17 Jun 79.  Enlmt Age: 18 4/12.  Disch Age: 20 11/12. Educ:HS DIPL. 

AFQT: N/A.  A-67,  E-42,  G-46,  M-14. PAFSC: 2S031 -  Supply Apprentice. 
DAS: 23 Jul 98. 

b.  Prior Sv: (1) AFRes 28 Oct 97 -  24 Mar 98 (4 Months 25 Days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 25 Mar 98 for 4 yrs. Svd: 2 Yrs 1 Mo 21 Das, of which AMS is 

2 Yrs 1 Mos 16 Das  (Ex: 5 Das lost time). 

b.  Grade Status:  AB  -  23 Mar 00  (Article 15, 23 Mar 00) 

AMN -  12 Oct 99 (Vacation of Article 15, 23 Feb 00) 
A1C -  25 Jul 99 
AMN -  25 Sep 98 

c.  Time Lost:  25 Apr 00 -  30 Apr 00 (5 Days) 

d.  Art 15's:  (1) 23 Mar 00, Seymour Johnson AFB, NC -  Article 86.  You 

did, on or about 8 Mar 00, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
You did, on or about 10 Mar 00, without authority, fail 
to go at the time prescribed to your appointed place of 
duty. Reduction to AB.  (No appeal) (No mitigation) 

(2) 28 Feb 00, Seymour Johnson AFB, NC -  Article 121.  You 

did, on or about 28 Dec 99 and on or about 15 Jan 00, 
wrongfully appropriate a 1996 Dodge Neon and a cellular 
phone, of . 

. value of some amount, the property of A1C 

for 2 months, 15 days extra duty, and a reprimand. 
(No appeal)  (No mitigation) 

Forfeiture of $50.00 pay per month 

(3) 23 Feb 00, Vacation, Seymour Johnson AFB, NC -  Article 
86.  You did, on or about 6 Jan 00, without authority, 
fail to go at the time prescribed to your appointed 
place of duty.  Reduction to AMN.  (No appeal) (No 
mitigation) 

(4) 12 Oct 99, Seymour Johnson AFB, NC -  Article 86.  You 

did, on or about 1 Sep 99, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Suspended reduction to AMN, 30 days restriction, 30 days 
extra duty, and a reprimand.  (Appeal/Denied)  (No 
mitigation) 

e.  Additional: LOR,  10 DEC 99 -  Late for work. 

MEMO, 30 NOV 99 -  Violation of Air Force standards. 
MEMO, 06 NOV 99 -  Financial irresponsibility. 
MEMO, 21 OCT 99 -  Late for work on several occasions. 
LOR,  15 OCT 99 -  Disregard for authority and late for 

LOR,  15 OCT 99 - Willful disregard for authority and 

dereliction of duty. 

work. 

LOR,  12 AUG 99 -  Failure to report for duty at the 

appointed time and place. 

RIC,  05 AUG 99 -  Failure to obey orders concerning weight 

MEMO, 22 JUL 99 -  Promotion withheld due to failure to meet 

management policies. 

quality standards. 

LOR,  23 JUL 99 -  Financial irresponsibility. 
ARREST ORDER, 2 JUL 99 -  Issuing worthless checks. 
RIC,  11 JUN 99 -  Late for work. 
MEMO, 01 JUN 99 -  Financial irresponsibility. 
MEMO, 02 DEC 98 -  Financial irresponsibility. 
RIC,  20 OCT 98 -  Late for work and missed an appointment. 
RIC,  05 Oct 98 -  Missed a mandatory appointment. 

e.  CM:  Summary Court Martial, 25 Apr 00. 

CHARGE:  Article 86.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did at Seymour Johnson AFB, NC on divers occasions 
between on or about 3 Apr 00 and on or about 12 Apr 00, without 
authority, fail to go at the time prescribed to her appointed 
place of duty.  Sentence approved by convening authority on 3 May 
00.  Confinement for seven days and forfeiture of $250.00 of pay 
per month for one month. 

g.  Record of SV: 25 Mar 98 -  24 Nov 99  Seymour Johnson  2  (Initial) REF 

(Discharged from Seymour Johnson AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (2) Yrs  (6) Mos  (13) Das 
TAMS: (2) Yrs  (1) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 May 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

4TH  FIGHTER  WING  (ACC) 

SEYMOUR  JOHNSON  AIR  FORCE  BASE  NC 

MEMORANDUM FOR 

FROM:  4 SUPSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your  discharge from the  United  States Air Force  for  misconduct,  specifically 
minor disciplinary infractions.  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
Chapter 5, Section H, Paragraph 5.49.  According to Table 1.3, Rule 11 of AFI 36-3208, your service can 
be characterized as honorable, general, or under other than  honorable conditions.  I am recommending 
your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about 2 October 1998 and 5 October 1998, you failed to show up to two mandatory 
appointments.  This is evidenced by  a Record of  Individual Counseling (AF Form 174) dated 5 October 
1998 (Tab la). 

b.  On  or about  14 October  1998, you  failed to report  to  your  appointed place  of  duty at  the  time 
prescribed.  This is evidenced by  a Record of  Individual Counseling (AF Form  174) dated 20 October 
1998 (Tab lb). 

c.  On or about 2 December  1998, your charge and check cashing privileges were suspended by  the 
Army and Air Force Exchange Services (AAFES) due to your exchange credit account being past due in 
the  amount  of  $40.00.  This  is  evidenced by  an  AAFES  Collection  & Tracking Memorandum dated 
2 December 1998 (Tab lc). 

d.  On  or about  1 June  1999, your AAFES  exchange credit account  was  past  due in  the amount of 
$45.00.  As  a  result,  your  charge  and  check cashing privileges  were  suspended by  AAFES.  This  is 
evidenced by an AAFES Memorandum dated 1 June 1999 (Tab Id). 

e.  On or about 10 June 1999, you reported to work late.  This is evidenced by a Record of Individual 

Counseling (AF Form 174) 11 June 1999 (Tab le). 

f.  On or about 2 July 1999, you were arrested by civilian authorities for failing to appear in court for 

a worthless check offense.  This is evidenced by an Order for Arrest dated 2 July 1999 (Tab If). 

g.  On  or about 23 July  1999, you  received a Letter of  Reprimand (LOR) for failing to pay  a check 
you wrote in Wake County and for failing to pay a just debt to a local business in the amount of  $100.00. 
This is evidenced by a Letter of Reprimand dated 23 July 1999(Tab lg). 

h.  On or about 22 July 1999, your promotion to E-3 was withheld because you failed to meet Quality 

Force Standards. This is evidenced by 4 SUPSICCQ Memorandum dated 22 July 1999 (Tab lh). 

i.  On  or about  5 August  1999, you  failed  to obey  orders  concerning Weight Management Fitness 
Program policies.  This is evidenced by a Record of Individual Counseling dated 5 August 1999 (Tab If). 

j.  On or about 12 August  1999, you failed to report for duty at the appointed time and place because 
you  were in your dormitory room sleeping for two hours.  This is evidenced by  a Letter of Reprimand 
dated 12 August 1999 (Tab lj). 

k.  On or about  1 September 1999, you failed to go at the time prescribed to your appointed place of 
duty, building 4536.  This is evidenced by  AF Form 3070 dated 30 September  1999 with  attachments 
(Tab lk). 

1.  Between the period of 22 September 1999 and 25 September 1999, you  failed to obey the lawful 
orders of  TSgt  Thibodeau, who you  knew  to be  a  noncommissioned  officer.  This is  evidenced by  a 
Letter of Reprimand dated 15 October 1999 (Tab 11). 

m.  On or about 1 October 1999, you  were placed on quarters by -nd 

were informed to 
go to your  quarters for a 24-hour period starting at  0940.  While on  quarters,  you  were  only to make 
necessary tripststops at the pharmacy, convenience/grocery store (as stated on the Quarters Authorization 
Form) or to the dining hall to eat.  You were observed by your supervisor at the Shady J Enlisted Club at 
midnight.  This is evidenced by a Letter of Reprimand dated  15 October 1999 (Tab lm). 

n.  Between  the  period  of  19 October  1999 and  20  October  1999, you  were  late for  duty  on  two 
for Record dated 21 October 1999 

occasions.  This is evidenced by MS@(S)-emorandum 
(Tab In). 

o.  On or about 6 November 1999, your AAFES exchange credit account was past due in the amount 
of  $38.00.  As  a result, your charge and check cashing privileges were suspended by  AAFES.  This is 
evidenced by a DPP Service Center memorandum dated 6 November 1999 (Tab lo). 

p.  On or about 29 November 1999, you reported to your duty section with your hair dyed an unusual 
color  (orangetyellow).  This was  in  direct  violation  of  Air Force Standards of  Dress and Appearance. 
This is evidenced by TSgt -emorandurn 

for Record dated 30 November 1999 (Tab lp). 

q.  On or about 29 November 1999, you failed to report for duty at the appointed time and place.  This 

is evidenced by a Letter of Reprimand dated  10 December 1999 (Tab lq). 

r.  On or about 6 January 2000, you failed to report for duty at the appointed time and place.  This is 

evidenced by AF Form 1058 dated 7 January 2000 with attachment (Tab lr). 

s.  On or about 6 January 2000, you failed to report for duty at the appointed time and place.  This is 

evidenced by AF Form 366 dated 16 February 2000 (Tab 1s). 

t.  Between  the period  of  28 December  1999 and  15 January 2000, you  wrongfully  appropriated a 
1996 Dodge  Neon  and  a  cellular  phone  belonging  to  another  individual  in  the  squadron.  This  is 
evidenced by Article 15 punishment (AF Form 3070), dated 16 February 2000 (Tab It). 

u.  On or about 8 March 2000 and  10 March 2000, you failed to go to your appointed place of duty at 

the time prescribed.  This is evidenced by an AF Form 3070 dated 15 March 2000 (Tab lu). 
> 

v.  Between on  or  about  3  April  2000 and  on  or  about  12 April  200, you  failed  to go at  the time 
prescribed to your appointed place of  duty.  This is evidenced by  a Report of Trial By summary Court- 
Martial (DD Form 2329) dated 25 April 2000 with attachment (Tab lv). 

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. 

4.  You have the right to consult counsel.  Milit 
made an appointment for you  to consult 
Cannon Street, Suite 308, Seymour John 
2-5345  or  DSN  722-5345.  Your  appointment  has  been  scheduled  on  3//rtA J C u  
6fo" 

has been obtained to assist you.  I have 
Area Defense Counsel, at  1185 
e Counsel can be reached at ext. 
(date)  at 

(time).  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statement 
authority to consider must reach me by  4 
a
and receive an extension for good cause shown.  I will send them to the separation authority. 

r own behalf.  Any statements you want the separation 
 
(allow three duty days) unless you  request 

d

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 mandatory medical examination at the Physical Examination Section, 
4th  Medical Group, Seymour Johnson AFB, at 0830 hours on 4 May 2000.  You  are scheduled for a 
mandatory follow-up appointment at Family Practice (Blue Team) at 0910 hours on 4 May 2000. 

8.  Any personal infomiation 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 unit orderly room or the Area Defense Counsel office. 

9.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
Listed on Next Page 

Commander 

Attachments: 
1.  Supporting Documentation: 

a.  AF Form 174, dtd 5 October 1998 
b.  AF Form 174, dtd 20 October 1998 
c.  AAFES Collections & Tracking Memorandum, dtd 2 December 1998 
d.  DPP Service Center Memorandum, dtd 1 June 1999 
e.  AF Form 174, dtd  11 June 1999 
f.  Wake County District Court Division Order for Arrest, dtd 2 July 1999 
g.  Letter of Reprimand, dtd 23 July 1999 
h.  4 SUPSICCQ Memorandum, dtd 22 July 1999 
i.  AF Form 174, dtd 5 August 1999 
j.  Letter of Reprimand, dtd  12 August  1999 
k.  AF Form 3070, dtd 30 September 1999 
1.  Letter of Reprimand, dtd  15 October 1999 
m.  Letter of Reprimand, dtd  15 October 1999 
n.  Memo for record, dtd 21 October 1999 
o.  DPP Service Center Memorandum, dtd 6 November 1999 
p.  Memo for Record, dtd 30 November 1999 
q.  Letter of Reprimand, dtd  10 December 1999 
r.  AF Form 1058, dtd 7 January 2000 
s.  AF Form 366, dtd 16 February 2000 
t.  AF Form 3070, dtd 16 February 2000 
u.  AF Form 3070, dtd  15 March 2000 
v.  Record of Trial By Summary Court-Martial, dtd 25 April 2000 wlattachment 

2.  Airman's Receipt of Notification Memorandum 
3.  Physical Examination 
4.  EPRs 
5.  Airman's  Statement