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AF | DRB | CY2004 | FD2003-00508
Original file (FD2003-00508.pdf) Auto-classification: Denied
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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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 

@j 

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 

. - 
.,-. ,  - 

..*. 

. 

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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