I 
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

TYPE 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

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NAME OF COUNSEL AND OR ORG9NlZATION 

ADDRESS AND OR ORGAYlZATlON  OF COUNSEL 

MEMBER SITTING 

A94.05 

30 Oct 2003 

FD-2003-00381 

Case heard at Washington, D.C. 

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

1 

I  TO: 

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

FROM: 

SECRETARY OF TRE 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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 

FD-2003-00381 

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel at 
Andrews AFB, MD on October 30,2003. 

/' 

The attached brief contains the available pertinent data on the applicant and the factors leading to the 
discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The  Hoard  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. 

The applicant's issues are listed in the attached brief. 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15, a Letter of Reprimand, a Letter of Admonishment, and a Record of 
Individual Counseling for misconduct, most of which related to financial irresponsibility.  Member's  club 
account and deferred payment plan were both delinquent, resulting in wage garnishments.  She was 
disrespectful to her First Sergeant, a Chief Master Sergeant, who stated in  10 years as a First Sergeant he had 
never come across anyone with a worse attitude or with as complete a failure to accept responsibility for 
their actions.  Member took a 2.5 hour lunch break, and the following day was late to work.  The most 
serious of her offenses involved failing to pay her telephone bill and then after her service was disconnected 
obtaining telephone services by false pretenses twice, and failing again to pay the resultant bills.  Member 
was sent to financial counseling to assist in managing her financial matters but was evasive and 
uncooperative.  Member's  only Enlisted Performance Report was a referral "2"  and noted her immaturity, 
lack of initiative, and difficulty adapting to the military environment.  Member testified that events in the 
record didn't  occur as represented by the record, and she provided an explanation for each instance.  The 
Board didn't  find applicant's  testimony credible and opined that through the unit's  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, and the 
characterization of discharge received by the applicant was appropriate. 

Issues 2 & 3.  Applicant felt her supervisor and First Sergeant acted unprofessionally toward her, and that 
she was not treated fairly during her Article  15 and discharge processing.  The record reflects that member 
had access to and did consult counsel regarding both the Article  15 and the discharge action and was given 
her full due process.  The record thoroughly documents the reasons for the discharge, and applicant's 
testimony to the contrary was not compelling.  Additionally, applicant could not clearly articulate a reason 
why she felt her chain of command was making an example of her, only that she was unfairly summarily 
discharged.  The Board found these contentions without merit and no basis for an upgrade. 

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 
upgradelchange of reason for discharge and change of RE code, 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 19 Jun 98 UP AFI 36- 
3208, para 5.50.1 (Misconduct -  Discreditable Involvement with Military or Civil 
Authorities).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 7 Jan 75.  Enlmt Age: 21 2/12.  Disch Age: 23 5/12. Educ:HS DIPL. 

AFQT: N/A.  A-51,  E-44,  G-32,  M-18. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 23 Nov 96. 

b.  Prior Sv:  (1) AFRes 12 Mar 96 -  30 Jul 96  (4 Months 19 Days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enld as AMN 31 Jul 96 for 4 yrs. Svd: 1 Yr 10 Mos 20 Das, all AMS. 

b.  Grade Status:  AMN -  16 Apr 98 (Article 15, 16 Apr 98) 

A1C -  31 May 97 

c.  Time Lost:  None 

d.  Art  15's:  (1) 16 Apr 98, Columbus AFB, MS  -  Article 134.  You, did, 

between on or about 11 Apr 97 and on or about 16 Dec 97, 
with intent to defraud, falsely pretend, to Bell South 
Telecommunications that you were- 
then knowing that the pretenses were false, and by means 
thereof did wrongfully obtain from Bell South 
Telecommunications services, of a value of about 
$396.57, to wit:  telephone services.  You, did, between 
on or about 8 Dec 97 and on or about 4 Feb 98, with 
intent to defraud, falsely pretend  to Bell South 
Telecommunications that you were 
knowing that the pretenses were false, and by means 
thereof did wrongfully obtain from Bell South 
Telecommunications services, of a value of about 
$144.06, to wit:  telephone services.  You, being 
indebted to Bell South Telecommunications in the sum of 
$396.57 for telephone services, which amount became due 
and payable on or about 16 Dec 97, did, between on or 
about 16 Dec 97 and on or about 8 Apr 98, dishonorably 
fail to pay said debt.  You, being indebted to Bell 
South Telecommunications in the sum of $144.06 for 
telephone services, which amount became due and payable 
on or about 4 Feb 98, did, between on or about 4 Feb 98 
and on or about 8 Apr  98, dishonorably fail to pay said 

then 

debt.  Reduction to AMN, and suspended reduction to AB. 
(Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 2 JUN 98 -  Late for work and unauthorized extended 

lunch break. 

AFEES LTR, 12 MAY 98 -  Financial irresponsibility. 
LOA, 7 MAY 98 -  Disrespectful and rude to First Sergeant 
RIC, 30 JAN 98 -  Financial irresponsibility. 
TRAFFIC TICKET, 14 DEC 96 -  Speeding on base. 

f.  CM:  None. 

g.  Record of SV: 31 Jul 96 -  30 Mar 98  Colubmus AFB  2  (Initial) REF 

(Discharged from Columbus AFB) 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS: (2) Yrs  (3) Mos  (8) Das 
TAMS:  (1) Yrs  (10) Mos  (20) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Aug 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
1. Applicant's Letter. 
2. Congressional Inquiry. 

8 Sep 03/cr 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION AND TRAINING COMMAND 

p ~ z a Q 3  -m38 (. 

FROM:  48 FTSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct (Discreditable Involvement With Military or Civil Authorities).  The authority for 
this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, Paragraph 5.50.1.  If my 
recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 14 December 1996, you drove 33mph in a 25 mph zone.  For this, you were cited 

by base security forces and 4 points were assessed against your driving record. 

b.  Between 1 February 97 and 30 November 1997, you allowed your account at the 
Columbus Club to become delinquent.  In December 1997, you wrote a $25 check in partial 
payment of your outstanding balance which was returned for insufficient funds.  Because of your 
refusal to pay, the Columbus Club collected $290 from your military pay in Jan 98 through an 
involuntary collection action. 

c.  Between 13 October 1997 and 13 January 1998, you carried a small delinquent 

balance on your Deferred Payment Plan account with the Base Exchange.  During this time, you 
received four delinquent account notices and made but one payment.  Because of your refusal to 
pay, the Base Exchange collected $42.36 from your military pay in Jan 98 through an 
involuntary collection action.  On 30 Jan 98, your supervisor ordered you to attend a mandatory 
financial counseling class. 

d.  Between 1 April 1997 and 28 February 1998, you obtained telephone services by false 

pretenses and generated substantial telephone bills which you dishonorably failed to pay.  For 
this, you received Article 15 punishment which reduced you to your current rank and imposed a 
suspended reduction to Airman Basic. 

e.  On 6 May 1998, you were disrespectful and rude to the First Sergeant. For this, I 

formally admonished you. 

f.  On 1 and 2 June 1998, you failed to report to duty at the time prescribed.  On 

1 June 1998, you took a two and one-half hour lunch break.  On 2 June 1998, you failed to report 
to work on time.  For this, I reprimanded you. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 discharge 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.  I have made an appointment for you to consult 
Military Co 
number fort 
consult civilian counsel at your own expense. 

telephone 
You may 

5.  You have the right to submit statements in your own behalf.  Any s atements you want the 
separation authority to consider must reach me by  COB 
and receive an extension for good cause shown.  I will send them to the separation authority. 

'1 1 
1  I T ~ E J  

unless you request 

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 medical examination.  You must report to the hospital at 

0 4 / b L   on  7 rUWt 9 y  for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act.  A copy. of 
AFI 36-3208 is available for your use in the unit personnel office. 

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

23 Attachments: 
1.  14 SPSISPAR memo, 14 Dec 96 
2.  Appeal of Traffic Ticket, 17 Dec 96 
3.  MFR, 13 May 98 
4.  AAFES Memo, 12 May 98 
5.  AAFES Delinquent Account Notice, 13 Oct 97 
6.  AAFES Delinquent Account Notice, 13 Nov 97 
7.  AAFES Delinquent Account Notice, 13 Dec 97 
8.  AAFES Delinquent Account Notice, 13 Jan 98 
9.  AF Form 174,30 Jan 98 

10.  Article 15, 16 Apr 98 
11.  14SFSROI,9Mar98 
12.  Memo, BellSouth Security, 12 Mar 98 
13. BellSouth Invoice, 16 Dec 97 
14.  BellSouth Invoice, 16 Jan 98 
15.  Admonishment, 7 May 98 
16.  MFR, 6 May 98 
17.  LOR, 2 Jun 98 
18.  Memo, 48 FTS/CC, 4 Mar 98 
19.  Memo, 14 MSSDPF, 20 Mar 98 
20.  Memo, 14 MSSDPF, 21 Apr 98 w/atch 
2 1.  Memo, 48 FTS/CC,  15 May 98 
22.  Memo, 14 MSSDPF, 19 May 98 
23.  Airman's Receipt of Notification Memorandum