‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
    

 

 

 
  

 

   

 
 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFSN/SSAN
PERSONAL APPEARANCE x RECORD REVIEW
Jj COUNSEL NAME OF COUNSEL AND OR ORGANIZATION / ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBER SITTING HON GEN VOTHC OTHER
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ISSUFS 494.05 INDEX NUMBER a 7 a EXHIBITS SUBMITTED TO THEBOARD 7
1 | ORDER APPOINTING THE BOARD _
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE .
COUNSEL’S RELEASE TO THE BOARD |
HEARING DATE CASE NUMBER ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
23 Sep 2003 FD-2003-00303 PERSONAL APPEARANCE _
TAPE RECORDING OF PERSONAL APPERANCE

 

 
  

USSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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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

     

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SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ie AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 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-2003-00303

GENERAL: The applicant appeals for upgrade of discharge to general.

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 nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. And that she wasn’t
properly diagnosed until September of 2001. The records indicated the applicant received an Under Other
Than Honorable Conditions discharge in May of 2001 for a pattern of misconduct — discreditable
involvement with military or civilian authorities and a civilian conviction. The applicant was cited for
driving while her license was suspended, failed to report to her appointed place of duty, operated a vehicle
while intoxicated (twice), and was intoxicated in a public place (twice). After the 2" conviction for her
DWI, she received a year in jail, which was suspended and 180-day home detention. One and a half months
later, she was arrested again for violating her probation by being intoxicated. The DRB opined that through
these actions, the applicant had ample opportunities to change her negative behavior. The DRB was pleased
to see that the applicant was doing well since her discharge and that she in on the road to recovery, however,
no inequity or impropriety in her discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized her term of service. 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
FD2003-00303
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ERE RE DET | (Former TSGT) (HGH TSGT)
aE. MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a VOTH Disch fr USAFR 5 May O1. UP AFI 36-
3209, Chapter 3, para 3.21.2.1 & 3.21.4 (Pattern of Misconduct - Discreditable
Involvement with Mil or Civ Auth & Civilian Conviction). Appeals for General

Discharge.
2. BACKGROUND:

a. DOB: 18 Apr 62. Enlmt Age: 21 11/12. Disch Age: 39 0/12, Educ: HS DIPL.
AFOQT: N/A. A-47, E-30, G-44, M-40. PAFSC: 70270 - Information Management
Technician. DAS: 20 Mar 84.

b. Prior Sv: AFRes 20 Mar 84 - 10 Dec 98. Svd: 14 yrs 8 months 20 days,
of which AMS is 1 yr 10 months 27 days. Amn/A1C - Unknown. SrA/Sgt - Unknown.
SSgt - 1 Jul 87.

3. SERVICE UNDER REVIEW:

a. Reenlisted USAFR as SSgt 11 Dec 98 for 6 yrs. Svd: 2 Yrs 4 Mo 24 Das,
of which AMS is 36 days.

b. Grade Status: TSgt - 1 Mar 99
c. Time Lost: None.
d. Art 15’s: None.

e. Additional: See Statement of Reasons attached to Notification
Memorandum.

f. CM: None.

g. Record of SV: 20 Mar 84 - 19 Mar 98 Grissom ARB 3 (Annual)
(Discharged from Grissom ARB)

h. Awards & Decs: AFAM, AFOUA, ARFMSM, NDSM, AFLSAR, AFRM, AFTR.

i. Stmt of Sv: TMS: (17) Yrs (1) Mos (16) Das
TAMS: (2) Yrs (0) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 Jun 03.
(Change Discharge to General)

ISSUES ATTACHED TO BRIEF.
FD2003-00303

ATCH

Applicant's Issues.

Letter of Recommendation.

Sheriffs Report.

Four Character References.

Court Records.

Medical Documents.

Memorandum For HO AFRC/DPMF, Member Utilization Questionaire.
Character Reference.

. Letter of Appreciation.

10. Civilian Performance and Promotion Appraisals.
11. ARPC Form 156.

12. Letter of Appreciation.

Won nanau»nrrwhrF

22JUL03/ia
Fpzeo3 ~ 0050S of

To Whom it My Concern:

Tp Was born into a military family i in 1962 and have been part of the

military community my entire life. I am the second of five children, which include four
sisters. My childhood was normal, well adjusted and happy. During my high schoo]
years | attained “honor -roll” status several times. I have always been forthright and
honest. Following graduation I worked at Wendy’s, the McClure Oil Company, K-Mart
and American Stationary. I decided to join the Air Force Reserve in 1984, which allowed
me to serve with my Father for the last 31/2 years of his career.

In June of 1987 I marred @eineulipinggioame and had two very bright well-behaved sons,

Gee. an RRR. Both boys have been taught positive family values and have
been honor-roll students throughout their school experience. I have always been an

involved parent; I played an active part in community events including “Heritage Days,”
Arts and Crafts Shows, Catholic Church and School activities and a multitude of sports
events; little league baseball, football soccer and'basketball. We purchased a home, took
regular vacations, and involved the children in all aspects of our lives and from all
appearances were living the American Dream. S@RMMiWOig is a good man but character
traits began to emerge that caused discord and serious concern in the marriage. He was
very jealous and possessive of me and resented the fact that I worked around many men.
My required annual deployments were the cause of several arguments over the years. His
behavior reflects the attitude of earlier generations in the 1930’s and 1940’s when the
man was the head of the household made the decisions with no room for negotiations,
and women were not equal. The marriage began to deteriorate in 1998 and by June I
filed for divorce. Jimmy has been hypercritical of me for years and destroyed my self-
esteem. I actually began to believe that I couldn’t do anything right and very little say so
in family decision-making. For a period of time my parents and other family members
stopped visitng me because he was always “putting me down” and never had anything
positive to say where I was concerned. Shortly after we reconciled I began to experience
back pain, serious cramping and muscle spasms in my back and legs. This was the
beginning of a downward spiral in my life that no one could have predicted. Several
months elapsed with no relief in sight; the pain and my ability to function physically
grew much worse. [ sought counseling for my marriage and medical help for severe back
pain; thus enter anti-depressants, muscle relaxants and painkillers. Vicodin ES and Soma
proved to be highly addictive for me even prior to my 22 Sep 99 “failed back surgery.”
While expecting relief following surgery for a herniated disc I soon discovered that the
pain and spasms were much worse. Totally demoralized I began to overmedicate for
relief and on occasion began to add alcohol to enhance the effect. I sought help from a
prominent neurosurgeon in Fort Wayne, Indiana and was told that I would need a lumbar
fusion. Problems in the marriage continued to worsen due to my inability to deal with the
severe pain and continually over medicate. This problem spilled over to my job

performance. Early in the year 2000 SRR Neurosurgeon of Fort
Wayne performed a second major surgery on me. A lumbar fusion with titanium plates
inserted was deemed a success, however MMaeNIIN.ex plained to my husband

following the procedure that I had been “butchered” during the first surgery, the psyatic
nerve bundle had been damaged which may never heal and that I could be in pain for the
Fo2ac%e- GO SO 5

rest of my life. The impact of this finding was devastating for the entire family. I soon
begin to question why the pain was not subsiding. My family told me about the failed
surgery and J was totally inconsolable. I sought help from therapists, Trinity House and
Alcoholics Anonymous but to very little avail. There are no long-term structured
Drug/Alcohol programs available in this area and very few specialists that have any
knowledge of military life and procedures.

The Air Reserve Technician/Civil Service Program is relatively foreign to my father who
served 27 years on active duty, 2 % in Civil Service and 2 as a congressional staffer. As
the senior First Sergeant at Grissom AFB for several Years he prepared, coordinated,
processed and helped document scores of discharge cases for review by the Staff Judge
Advocate (SJA) for the commander. In each case they were required to show reasonable
attempts to correct or rehabilitate the offender or the case was deemed insufficient.
Based on the individual’s record, rehabilitation was normally offered, especially for
careerists, for drug or alcohol offenses/addiction, at a rehab center such as Wright-
Patterson AFB. If the member declined treatment they were discharged. Each case
would show a graduated level of corrective/disciplinary action to include letters of
reprimand, possible UIF entries and or Articles 15 or other UCMJ infractions. Proper
documentation was imperative to the approval and characterization of discharge. Unless
the Reserves operate on an entirely different standard he finds that these key elements are
missing from my case. There is no record of disciplinary action or
corrective/rehabilitative measures taken by either the military or civilian side. There are
several statements and memos suggesting that I seek help but the mechanics and
directions of what to do that are missing. When a person is addicted to medicines or
alcohol the first and hardest hurdle to get over is denial. What has happened to me could
happen to anyone. Consider the many notable Americans from the world of
entertainment, politics, sports, etc., that have fallen prey to the scourge of alcohol and
prescribed drugs and have successfully returned to their careers. Active duty provides the
infrastructure, necessary for the affected member to get help. Is a reservist less
important? He was taught the “Total Force Concept, “Whole Man Concept, and that the
Air Force takes care of its own. Does this not apply to the Reservist? Over 90% of my
service has been honorable and satisfactory and | had received several superior
performance awards on the civilian side. MS coniteenaianend nae
have demonstrated patience in this case but the system as a whole has failed me. I was
basically left to fend for myself and find my own direction for recovery. A person in my
condition requires supervisory and professional guidance toward receiving help. I really
don’t feel that I realized, until it was too late, that I was working my way toward possible

discharge.

My family and friends can testify first-hand that this type behavior is TOTALLY OUT
OF CHARACTER for me. Under normal conditions I am an industrious, dedicated,
caring person who loved my career and strives hard to please. Until September of 1999 I
was as model citizen with no infractions of the law or offenses of any kind. I have paid
my debt to society and suffered intense emotional and mental anguish over the events that
have taken place since August of 1999, I have never been convicted of a felony.
Misdemeanors are serious and reflect me in a negative light to the Air Force, but alone
£2603 -00503

should not constitute grounds for an Other Than Honorable conditions discharge. Thank
You for your patience and consideration.

EPILOGUE: The saddest part of my entire story is that I wasn’t properly diagnosed until
September of 2001, after I lost my marriage, career, vehicle, and nearly my life. I learned
that I was a bi-polar manic depressive and also afflicted with Compulsive, Obsessive
Personality Disorder (COPD). The Psychiatrist changed all of my medications, got me
involved in pain management and I’ve been on the road to recovery ever since.
NEPARTMENT OF THEAIRFORCE =F’ D2003 - 00 35

AIR FORCE RESERVE COMMAND

17 nov 2000

 

 

FROM: HQ AFRC/DPM
155 Richard Ray Blvd
Robins AFB GA. 31098-1635

SUBJECT: Notification of Initiation of Separation Action Under AFI 36-3209

1. By this memorandum, separation action is being initiated against you for misconduct, a
pattern of misconduct, discreditable involvement with military or civil authorities and
misconduct, civilian conviction. The authority for this separation action is AFI 36-3209, Chapter
3, paragraphs 3.21.2.1 and 3.21.4. Information regarding your entitlement to submit statements

‘* about your case, the lawful usage of such statements and their disclosure is provided in the
attached Privacy Act Statement (Atch 1). A description of the reasons for this separation action
is set forth in the attached Statement of Reasons (Atch 2) along with supporting documents.
AFI 36-3209 is available for your review at your servicing Military Personnel Flight. The types
of separation authorized are Honorable, General (Under Honorable Conditions) and Under Other
Than Honorable Conditions Discharge. The type of separation recommended in your case is an
Under Other Than Honorable Conditions Discharge.

2. Within 24 hours after you receive this memorandum, you must complete and return the
attached acknowledgment of receipt (Atch 3) of this memorandum and the attachments thereto.

3. The following is a summary of your rights:

a, You are entitled to consult with a military legal counsel who is qualified under Article
27(B)(1), Uniform Code of Miljtary Justice (UCMJ), at no cost to you. You may also” consult
with civilian legal counsel of your choice, but at your own expense. , a Judge

Advocate who is qualified under Article 27(B)(1), UCMJ, has been designated to represent you
in connection with this separation action. His mailing address is coenmnpelieiiiieanin
eG es numbers are DSN GiB toll free RANG

extensféfi'$027, commericial or fax commerical (aula, fax DSNewe
eh

b. You have the right to submit pertinent statements and/or documents in your behalf which
you desire to be considered in the disposition of your case. If you elect to exercise your right to
submit statements, and you return the attached form (Atch 4) within 15 days of receipt, you may
submit statements or documents at any time during the administrative discharge process. Your
decision on requesting or waiving the board hearing does not affect your right to submit
statements or documents during the administrative discharge process. The form must be signed

 

Government Exhibit Q I
AO PLO? § OR DOF
either by you or your gal counsel and returned toHQ A