AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNfSSAN 

ADDRESS AND OR ORGANVATION OF COUNSEL 

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

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I YES 

No 

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MEMBER SITTING 

[ I  ]  ORDER APPOINTING THE BOARD 
2 
3 
4 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 
30 Jul2004 

CASE NUMBER 

FD-2004-00033 

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. 

I 

I 

RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

I 

I 
(EF-V2) 

SECRETARY OF M E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
lS35 COMMAND DR  EE WING.3RD FLOOR 
ANDREWS AEB. MD 20762-7002 

Previous edition will be used 

I 

J 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00033 

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 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. 

ISSUES: 

Issue 1.  Applicant was discharged for conduct prejudicial to good order and discipline.  The records 
indicated the applicant received two Articles 15, a Letter of Reprimand, a verbal counseling documented in a 
Memo for Record, had an Unfavorable Information File, and was placed on the Control Roster for 
misconduct.  Member's infractions included being late to work, feigning illness repeatedly over a 19-month 
period to avoid her augmentee duties, behaving with disrespect toward two noncommissioned officers, and 
toward a commissioned officer on a separate and distinct occasion.  Applicant states her discharge was fair 
and just, and she has learned from her experiences.  The DRB felt that that through the unit's  administrative 
actions, the applicant had ample opportunities to change her negative behavior but failed 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.  The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on July 17, 
1996) that she understood she must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant 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 
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 rec'd a GEN Disch fr Moody AFB, GA on 4 Feb 00 UP 
AFI 36-3208, para 5.50.2 (Misconduct -  Conduct Prejudicial to Good Order and 
~iscipline). Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Jun 77.  Enlmt Age: 18 9/12.  Disch Age: 22 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-24,  G-46,  M-15. PAFSC: 1C032 -  Operations Resource 
Management Apprentice. DAS: 10 Nov 97. 

b.  Prior Sv: (1) AFRes 22 Mar 96 -  1 Jul 96  (3 months 10 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 Jul 96 for 4 yrs.  Extended on 19 Jan 99 for 10 

months. Svd: 3 Yrs 7 Mo 3 Das, all AMS. 

b.  Grade Status:  A m  -  4 Jan 00  (Article 15, 4 Jan 00) 

A1C -  11 Apr 99 
A m  -  11 Jun 98 (Article 15, 11 Jun 98) 
A1C -  2 NOV 97 
Amn -  2 Jan 97 

c.  Time Lost:  None. 

d.  A F ~  15's:  (1) 4 Jan 00, Moody AFB, GA -  Article 91.  You, on or about 

16 Dec 99, were disrespectful in language toward TSgt 

a noncommissioned officer, then known by 

erior noncommissioned officer, who was 

then in the execution of his office, by saying to him, 
"I don't care why and I will not be quiet.  Go ahead and 
do the report, and file it with the rest of them," or 
words to that effect.  You, on or about 16 Dec 99, were 
disrespe 
and SSgt 
then known by you to be superior noncommissioned 
officers, who were then in the execution of their 
office, by rolling your eyes, drumming your fingers on 
the table and walking out of the room before being 
properly dismissed.  Reduction to Airman. (No appeal) 
(No mitigation) 

t toward TS~- 
noncommissioned officers, 

(2) 11 Jun 98, Moody AFB, GA -  Article 115.  You, did, on 

divers occasions, between on or about 9 Oct 96 and on or 
about 16 May 98, for the purpose of avoiding your 

augmentee duties with the 347th Security Forces Squadron, 
feign illness.  Reduction to Airman. (~ppeal/~enied) (No 
mitigation) 

e.  Additional: LOR, 23 SEP 99 -  Disrespect to a Commissioned Officer. 

MFR, 03 APR  98 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: (Examiner's Note:  The first EPR  (2 Jul 96-1 Mar 98 is 
listed on the Recommendation for Discharge, but is missing from the file). 

2 Jul 96 -  1 Mar 98  Moody AFB  4  (Initial) 
2 Mar 98 -  1 Mar 99  Moody AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (10) Mos  (14) Das 

TAMS: (3) Yrs  ( 7 )   Mos  (3) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jan 04. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was fair and just to me and I have grown and learned 
from my experiences while enlisted in the Air Force.  I am requesting an upgrade 
to honorable to further my education.  The MGIB states that you must complete 36 
months of service and have an honorable discharge.  At the time of discharge I 
had completed 45 months.  To be granted an upgrade to Honorable would allow me 
to use the MGIB and help offset the cost of schooling.  Thank you to the board 
for taking my  issues into consideration. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 347M WING (ACC) 
MOODY AIR  FORCE BASE,  GEORGIA 

MEMORANDUM FOR ~

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7

FS 

FROM:  70 FSICC 

SUBJECT:  Notification Memorandum 

I/-,/  a h  0 0  
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1.  I am recommending your discharge from the United States Air Force for a pattern of misconduct 
(conduct prejudicial to good order and discipline). The authority for this action is AFI 36-3208, 
paragraph 5.50.2.  If my recommendation for discharge is approved, your service will be 
characterized as honorable or under honorable conditions (general).  I am recommending that your 
service be characterized as under honorable conditions (general). 

2.  My reasons for this action are as follows: 

a.  On or about 3 Apr 98, you were 45 minutes late reporting to your duty section.  For this 

offense, you were verbally Counseled.  This is documented in a memo, dated 3 Apr 98 (Atch la). 

b.  You, did, at or near Moody Air Force Base, Georgia, on divers occasions, between on or 
about 9 Oct 96 and on or about 15 May 98, for the purpose of avoiding your augmentee duties 
within the 347"  Security Forces Squadron, feign illness.  Foq these offenses, you received 
Nonjudicial Punishment pursuant to Article 15, UCMJ, dated 1 1 Jun 98 (Atch 1 b).  Your 
punishment included a reduction to the grade of airman. 

c.  You did, at Barksdal 
isiana, on or about 25 Aug 99, behave yourself 
our superior commissioned officer, then known 
with disrespect towards Cap 
by yourself to be your superior commissioned officer, by saying, "You can't talk to me that way," 
or words to that effect and by contemptuously turning from him and leaving before he was finished 
talking to you.  For this offense, you received a Letter of Reprimand, dated 23 Sep 99 (Atch 1 c), an 
Unfavorable Information File (UIF) was established and you were placed on the control roster. 

d.  You, at or near Moody Air Force Base, Ge 
December 1999, were 
a noncommissioned officer, 
disrespectful in language toward Technical Sergea 
then known by you to be a superior noncommissioned officer, who was then in the execution of his 
office, by saying to him, "I don't care why and I will not be quiet. Go ahead and do the report, and 
file it with the rest of them," or words to that effect. You, at or near Moody Air Force Base, 
ember 1999, were disrespectful in deportment toward Technical 
d Staff sergean- 

noncommissioned officers, then 
known by you to be superior noncommissioned officers, who were then in the execution of their 
office, by rolling your eyes, drumming your fingers on the table and walking out of the room before 
being properly dismissed.  For these offenses, you received Nonjudicial Punishment pursuant to 
Article 15, UCMJ, dated 4 Jan 00 (Atch Id).  Your punishment included a reduction to the grade of 
airman.  This action was placed in your existing UIF. 

g o L P ' P o w & t  for  dmzrtica 

Copies of the documents to be fonvarded to the separation authority in support of this 
recommendation are attached.  The commander exerdising Special Court-Martial (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 
may be ineligible for reenlistment in the Air Force. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Captain 
14  Jan  00  at  1500 
attachments with you to your appointment. You may consult civilian counsel at your own expense. 

.  Please take your copy of this Notification Memorandum and the 

Bldg 5 107, extension 342 1, on 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter, unless you request and receive an extension for good cause shown.  If your 
appointment with defense counsel is beyond three duty days after receipt of this letter, you 
should contact the Area Defense Counsel office at extension 7-3421 to obtain a delay request. 
I will send any statement(s) you submit to the separation 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. 

6.  You have been scheduled for a medical examination.  You must report to the Moody Air Force 
Base Hospital, Physical Exams Section, Bldg 3296 at 1400 on 18 Jan 00 for the examination. 
Then, report to Aerospace Medicine, Bldg 3296 at 1025 on 19 Jan 00.  These are mandatory 
appointments. Be sure to bring your medical records to these appointments. 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement.  A 
copy of AFI 36-3208 is available for your use in the orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately (Atch 2). 

Or"" Lt C01, USAF 
Commander, 7 0 ~  Fighter Squadron 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

a.  MFR, 3 Apr 98 
b.  AF Form 3070,ll Jun 98 (wlatch) 
c.  LOR\UIF\CR, 23 Sep 99 
d.  AF Form 3070\UIF, 4 Jan 00 (wlatch) 

2.  Receipt of Notification Memorandum