AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE
AMN
AFSNlSSAN
I
I
MEMBER SITTING
I HON
I
GEN
I UOTHC
I OTHER
1 DENY
1
ORDER APPOINTING THE BOARD
APPLlCATlON FOR REVIEW OF DISCHARGE
1
2
3 1 LETTER OF NOTIFICATION
4 ( BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
1 TAPE RECORDING OF PERSONAL APPERANCE
I
HEARING DATE
, 27 Feb 2004
CASE NUMBER
FD-2003-00508
Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to
submit an application to the AFBCMR.
SAFMRBR V
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
I FROM:
SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 C O . W D DR. EE WING, 3RD FLOOR
ANDREWS AFB, MD 207627002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
I
I
I
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2003-00508
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 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 1. Applicant infers discharge was inequitable because it was too harsh. The records indicated the
applicant received two Articles 15, three Letters of Reprimand, a Letter of Counseling, three Records of
Individual Counseling and had an Unfavorable Information File for misconduct. Her infractions included
financial irresponsibility, allowing an unauthorized civilian to reside in her dormitory room, being late for
duty, missing a mandatory formation, unsatisfactory progress on the Weight Management Program, falsely
pretending to be someone she wasn't in order to fraudulently obtain long distance telephone services valuing
more than $100.00, and misusing her government travel card. Applicant notes she was having financial
difficulties and requested assistance from the Family Support Center and First Sergeant; she contends she
received no help. The record shows member participated in the financial counseling program in 1994 and
again in 1997 and was making progress with her debts. Additionally, her First Sergeant recommended she
receive financial assistance from the Air Force Aid Society in 1994 and 1995. The DRB opined that through
these administrative and rehabilitative actions, the applicant had ample opportunities to change her negative
behavior and was unable or unwilling to do so. The Board concluded the misconduct was a significant
departure from conduct expected of all military members and the characterization of the discharge received
by the applicant was appropriate.
Issue 2. Applicant states that her discharge did not take into account the good things she did while in the
service. The DRB took note of the applicant's duty performance as documented by her performance reports,
all three of which were rated an overall "3." These reports documented repeated counseling for financial
irresponsibility as well as negative attitude and problems with applicant's weight. The Board found the
seriousness of applicant's willful misconduct and otherwise mediocre performance offset any positive
aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the
reasons which were its basis.
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
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AMN) (HGH A1C)
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr USAF 9 Sep 97 UP AFI 36-3208,
para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and
Discipline). Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 1 Dec 72. Enlmt Age: 20 8/12. Disch Age: 24 9/12. Educ: HS DIPL.
AFQT: N/A. A-85, E-36, G-57, M-30. PAFSC: 3M031 - Services Apprentice.
DAS: 24 May 94.
b. Prior Sv: (1) AFRes 27 Aug 93 - 1 Feb 94 (5 months 6 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 2 Feb 94 for 4 yrs. Svd: 3 Yrs 7 Mo 8 Das, all AMS.
b. Grade Status: AMN - 04 Aug 97 (Article 15, 4 Aug 97)
A1C - 23 Jun 95
AMN - 02 A u ~ 94
c. Time Lost: None.
d. Art 15's: (1) 4 Aug 97, Offutt AFB, NE - Article 92. You did, at or
near Bellevue, Nebraska, between on or about 1 Apr 97
and on or about 30 Jun 97, fail to obey a lawful general
regulation, to wit: Air Force Instruction 65-104, dated
1 May 96, by wrongfully using your Government American
Express card. Reduction to Airman. (Appeal/Denied) (No '
mitigat ion)
(2) 23 Dec 94, Lackland AFB, TX - Article 134. You did, on
divers occasions, between on or about 20 Mar 94 and 23
Aug 94, with intent to defraud, falsely pretend to AT&T
that you had authority to use A1C
calling card, then knowing that the pretenses were
false, and by means thereof did wrongfully obtain from
AT&T long distance calling services, of a value in
excess of $100.00. Suspended reduction to Airman,
suspended forfeiture of $100.00 pay per month for 2
. months, and 20 days extra duty. (No appeal) (No
mitigation)
e. Additional: RIC, 21 MAR 97 - Late for work.
LOR, 18 FEB 97 - Unsatisfactory progress on the Weight
Management Program.
RIC, 18 JAN 97 - Missed Commander's Call.
LOR, 07 JAN 97 - Unsatisfactory progress on the Weight
Management Program.
LOC, 17 APR 96 - Late for duty.
LOR, 22 SEP 95 - Unauthorized civilian residing in base
RIC, 22 AUG 95 - Financial irresponsibility.
quarters.
f. CM: None.
g. Record of SV: 02 Feb 94 - 28 Oct 95 Offutt AFB 3 (Initial)
29 Oct 95 - 28 Oct 96 Offutt AFB 3 (Annual)
29 Oct 96 - 25 Aug 97 Offutt AFB 3 (Cmdr Dir)
(Discharged from Offutt AFB)
h. Awards & Decs: AFTR, AFOUA W/1 DEV, AFGCM.
i. Stmt of Sv: TMS: (4) Yrs ( 0 ) Mos (14) Das
TAMS: (3) Yrs (7) Mos (8) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 Oct 03.
(Change Discharge to Honorable)
Issue 1: On 9 Sep 97 I
was discharged from the US Air
Force with a General under honorable conditions discharge. This was based on an
incident where I had used my AM (sic) Express Gov (sic) issued card to withdraw
money to pay my rent. I had asked for help from Family Services and from the
lst Sgt, but no one would help me. I had a small child at the time and I was
afraid I was going to be evicted from my home. I made a bad decision at that
time which I regret to this day. I had made mistakes before in the military but
this was the worst. I made payments back to the AM (sic) Express card since
then and would like to see if you would please consider upgrading my discharge
from General under honorable conditions to an Honorable. Your time and effort
is greatly appreciated. Thank you in advance.
Issue 2: I believe my discharge was improper because I was a good service
member for the three years I was in. The worst problem I had before this was an
LOR for letting my current husband live with me in base housing, before we
acctually (sic) got married. I then moved out of base housing & back into an
apartment to live with him.
I know I had made mistakes in the military but I hope it is not going to affect
the decision of upgrading my discharge. Thank you again.
ATCH
None.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA
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SUBJECT: Letter of Notification
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1. I am recommending your discharge from the United States Air Force for Misconduct--Pattern
of Misconduct. The authority for my recommendation is AFPD 36-32 and MI 36-3208,
paragraph 5.50.2. I am recommending a general discharge.
2. My reasons for this action are:
a. Between 20 March and 23 August 1994, with intent to defiaud, you knowingly made a
false statement to AT&T stating that you had authority to use another airman's calling card. As a
result of this statement, you wrongfirlly obtained long distance calling services fi-om AT&T in
excess of $1 00.00. For this incident, you received nonjudicial punishment, dated
23 December 1994, consisting of reduction to the grade of airman basic, suspended until
22 June 1995; forfeiture of $1 00.00 pay per month for 2 months, suspended until 22 June 1995;
and 20 days extra duty. (Atch 1 - 1)
b. Between 3 July and 22 August 1995, you dishonorably failed to make any payment on a
just debt owed to AAFES DPP. This incident is documented with a record of individual
counseling. (Atch 1-2)
c. On 21 August 1995, you were derelict in the performance of your duties in that you
allowed a civilian male to reside with you in your dormitory, in violation of AFI 32-6001. At
that time, you had full knowledge that this individual was barred from Offutt AFB. For this
incident, you received a letter of reprimand, dated 22 September 1995. (Atch 1-3)
d. On 15 April 1996, at Ofitt AFB, you, without authority, failed to go to your appointed
place of duty at the time prescribed. For this incident, you received a letter of counseling, dated
17 April 1996. (Atch 1-4)
e. On 18 January 1997, at Ofktt AFB, you, without authority, failed to go to a mandatory
commander's call. This incident was documented with a record of individual counseling, dated
18 January 1997. (Atch 1-5)
f. On 21 March 1997, at Ofktt AFB, you, without authority, failed to go to your appointed
place of duty at the time prescribed. This incident was documented with a record of individual
counseling, dated 2 1 March 1 997. (Atch 1-6)
i
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1997, you failed to obey a lawful general regulation, to wit:
your Government American Express Card. For this incident,
ent, dated 4 August 1997, consisting of reduction to the grade
rwarded to the separation authority in support of this
commander exercising special court-martial jurisdiction or a
r you will be discharged or retained in the Air Force. If you
for reenlistment in the Air Force and probably any other
. -
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.
3. You have the right to consult counsel. Military
I have made an appointment for you to consult Cap
Bldg 323 (7, RM 302, Phone 4-3939, at 1100
on
civilian counsel at your own expense.
4. You have the right to submit statements in
separation authority to consider must reach
receive an extension for good cause shown. I
btained to assist you.
ea Defense Counsel,
ou may consult
statements you want the
unless you request and
authority.
5. 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.
on 29 -e TIttW.
6. You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Family Practice Section, at 1000
for the examination.
7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the unit orderly room.
8. Execute the acknowledgment provided and return it to me immediately.
Commander, 55&'services Squadron
Attachments:
Atch 1-1 ; Nonjudicial Punishment, 23 Dec 94
Atch 1-2; Record of individual counseling, 22 Aug 95
Atch 1-3; Letter of reprimand, 22 Sep 95
Atch 1-4; Letter of counseling, 17 Apr 96
Atch 1-5; Record of individual counseling, 18 Jan 97
Atch 1-6; Record of individual counseling, 21 Mar 97
Atch 1-7: ~onjudicih punishment, 4 Aug 97
Other Documents: Letter of reprimand, dated 7 Jan 97; letter of reprimand, dated 18 Feb 97.
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