V

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- 1 NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

PEQSONAL APPEARANCE 

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NAME OF COUNSEL AND OR ORGANlZATION 

-  MEMBER SITTING 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AFSNISSAN 

I 

I x 

I 

I  RECORDREVIEW 

I 

I 

ADDRESS AND OR ORGANIZAT%ON OF COUNSEL 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

30 Apr 2004 

CASE NUMBER 

FD-2004-00047 

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. 

SAFhlRBR  w 

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

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) . 

,  Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-0004, 

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. 

ISSUE: 

Issue 1.  Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant 
received two Articles 15, a Letter of Reprimand, and two Records of Individual Counseling for misconduct. 
Her infractions included leaving the local area without permission or being on official leave, failing to go to 
her place of duty, failing to remain in her quarters while on bed rest due to a complicated pregnancy, 
speeding at 40 miles per hour in a 15 mile per hour zone, and accepting numerous collect phone calls from 
her husband on a government telephone and then lying about it.  She also had two Enlisted Performance 
Reports that were both rated overall referral "3"  and documented her various disciplinary problems.  The 
DRB opined that through the unit's  many 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.  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 fhrther 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 AB)  (HGH A1C) 

FD2004-00047 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Eglin AFB, FL on 17 Sep 99 UP 
AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 10 May 77.  Enlmt Age: 18 8/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-85,  E-44,  G-37,  M-21. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 29 Nov 96. 

b.  Prior Sv: (1) AFRes 2 Feb 96 -  23 Jul 96 (5 months 22 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  24 Jul 96 for 4 yrs. Svd: 3 Yrs 1 Mo 25 Das, all AMS. 

b.  Grade Status:  AB  -  2 Sep 99 (Article 15, 2 Sep 99) 

A1C -  24 NOV 97 
Amn -  24 Jan 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Sep 99, Eglin AFB, FL -  Article 134.  You did, on or 

about 26 Jul 99, wrongfully subscribe under oath a false 
statement in substance as follows: You did not accept 
collect calls on a government telephone between 1 May 99 
and 24 May 99 originating from Leesville, Louisiana, 
which statement you did not believe to be true.  Article 
92.  You, who should have known of your duties, on or 
about 1 May 99 to on or about 11 Jun 99, were derelict 
in the performance of those duties in that you 
negligently accepted personal collect telephone calls on 
a government phone, as it was your duty not to do. 
Reduction to Airman Basic. (No appeal)  (No mitigation) 

(2) 16 Oct 98, Eglin AFB, FL -  Article 92.  You, who knew 
of your duties, between on or about 22 Sep 98 to on or 
about 5 Oct 98, were derelict in the performance of 
those duties in that you willfully failed to remain at 
your residence while on quarters, as it was your duty to 
do.  Suspended reduction to Airman, and a reprimand. 
(No appeal) (No mitigation) 

e.  Additional: RIC, 12 AUG 99 -  Traffic Ticket for speeding and not 

wearing a seat belt. 

LOR, 04 FEB 98 -  Failure to report to duty. 
RIC, 27 JAN 95 -  Leaving the local area without prior 

approval and not notifying supervisor. 

f .  CM:  None. 

g.  Record of SV: 24 Jul 96 -  23 Mar 98  Eglin AFB  3  (1nitial)REF 

24 Mar 98 -  22 Mar 99  Eglin AFB  3  (CR0)REF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (7) Mos  (16) Das 
TAMS:  (3) Yrs  (1) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 9 Jan 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. AF Form 100. 

DEPARTMENT O F  THE AIR  FORCE 

H E A D Q U A R T E R S  96TH AIR  B A S E  WING  (AFMC) 

E G L l N  AIR  FORCE  B A S E  F L O R I D A  

MEMORANDUM'FOR ~

FROM:  96 SUPSICC 

SUBJECT: Notification Memorandum 

1 3  SEP  a99 

~

SUPS  (AFMC) 

3

1. I am recommending your discharge from the United States Air Force for Misconduct, 
specifically, Minor Disciplinary Infiractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, chapter 5, section H, paragraph 5.49.  If my recommendation is approved, your 
service will be characterized as honorable, general, or under other than honorable conditions.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

.  * '  

a.  On or about 26 Jul99, you wrongllly and unlawllly subscribed under oath a false 

statement in substance as follows:  You did not accept collect calls on a government telephone 
between 1 May 99 and 24 May 99 originating from Leesville, Lousisiana, which statement you 
did not then believe to be true.  Additionally, between on or about I May 99 to on or about 11 
Jun 99, you were derelict in the performance of your duties in that you negligently accepted 
personal collect telephone calis on a government phone, as it was your duty not to do.  For these 
incidents you received an Article $15 dated 2 Sep 99. 

b.  On or about 4 Aug 99, you were cited for exceeding the posted speed limit.  For this 

incident you received a Record of Individual Counseling (ROIC) dated 12 Aug 99. 

c.  Between on or about 22 Sep 98 to on or about 5 Oct 98, you were derelict in tbe 

performance of those duties in that you willfully failed to remain at your residence while on 
quarters, as it was your duty to do.  For this incident you received an Article 15 dated 16 Oct 98 
and information was added to your existing Unfavorable Information File (UIF). 

d.  On or about 30 Dec 97, you failed to go to your appointed place of duty at the 

prescribed time.  Additionally, on or about 3 1 Dec 97, you failed to go to your appointed place of 
duty at the prescribed time and were classified as being Absent Without Leave.  For this incident, 
you received a Letter of Reprimand dated 4 Feb 98 and an Unfavorable Information File was 
established. 

e.  On or about 26 Dec 97, you left the local area and traveled to Mississippi without 

getting prior approval or notifyrng your supervisor or anyone in the chain of command.  For this 
incident you received a Record of Individual Counseling dated 27 Jan 98. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The Commander exercising 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 
will be ineligible for reenlistment in the Air Force.  Special pay, bonuses, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military 
I have made an appointment for you to consuIt Capt 
on 13 Sep 99 at 1430 hours.  You may consult civilian counsel at your own expense. 

been obtained to assist you. 
at building 8, ext. 882-41 85, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You will complete a medical examination with the 96th Medical Group on 15 Sep 99, at 0715 
hours. 

8.  You have been scheduled for an appointment with the 96th Mission Support 
Squadron, separations section, on 13 Sep 99 at 1300 hours. 

9.  Immediately after completion of your 96" Mission Support Squadron separations 
section briefing report to the 96"  Traffic Management Office with your completed AFDTC Form 
4 134 or LGTT Office Form B 133. 

10. You are required to receive a briefing from the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 14 Sep 99, at 0800 hours.  , 

, 

1 1. 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 your unit orderly room. 

Lt Col, USAF s commander, 96 SUPS 

Attachments: 
1.  Supporting Documents 
la.  Article 15, dated 2 Sep 99 
lb.  ROIC, dated 12 Aug 99 
Ic.  Article 15, dated 16 Oct 981UIF 
Id.  LOR, dated 4 Feb 98/UIF 
le. ROIC, dated 27 Jan 98 
2.  Airman's Acknowledgment