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TYPE GEN 

CQUNSEL 

~ A M E  OF SERVICE MEMBER (LAST, FlRST MlDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TONAL 

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ADDRESS AND OR ORGANIZATION OF COUNSEL 

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RECORD REVIEW 

NAME OF COUNSEL AND OR ORGANIZATION 

APPEARANCE 

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MEMBER SITTING 

ISSUES 

A95.00 
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Afi7.11) 

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EXHIBITS SUBMITTED TO THE BOARD 

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I  1  I  ORDER APPOINTING THE BOARD 
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APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRlEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

12 May 2004 
APPLICANT'S ISSLIE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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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 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB. TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 10762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00050 

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.  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:  The  applicant  submitted  no  issues  and  requested  that  the  review  be  completed  based  on  the 
available  service record.  The Board  reviewed  the  entire record  and  found  no  evidence of  impropriety  or 
inequity in this case on which to base an  upgrade of discharge.  The records indicated applicant received an 
Article  15, a Vacation action under the UCMJ and two Letters of Reprimand for various misconduct.  The 
DFU3  opined that through these administrative actions, the applicant had ample opportunities to change her 
negativdrepetitive  behavior.  The Board concluded  the disciplinary infractions were a significant  departure 
from the conduct expected of all military members. 

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 Andrews AFB, MD on 22 Feb 02 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Aug 80.  Enlmt Age: 20 4/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-65,  G-72,  M-69. PAFSC: 2W031 -  Maintenance Systems 
Apprentice. DAS: 11 Jun 01. 

b.  Prior Sv:  (1) AFRes 13 Dec 00 -  23 Jan 01 (1 month 11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  24 Jan 01 for 6 yrs. Svd: 1 Yrs 1 Mo 0  Das, all AMS. 

b.  Grade Status:  AMN -  23 Jan 02  (Vacation of Article 15, 31 Jan 02) 

A1C  -  9 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 31 Jan 02, Vacation, Ramstein AB,  Germany -  Article 92. 

owledge of a lawful order'issued by Capt 
to report to work, and order which it was 
your duty to obey, on or about 28 Jan 02, fail to obey 
the same by wrongfully refusing to report to work. 
Reduction to Airman.  (No appeal)  (No mitigation) 

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(2) 23 Jan 02, Ramstein AB, Germany -  Article 92.  You, 

did, on or about 3 Jan 02, fail to obey a lawful 
regulation, to wit: AFI 36-2903, Dress and Appearance of 
Air Force Personnel, dated 8 Jun 98, by wrongfully 
wearing jewelry in your tongue while in uniform. 
Suspended reduction to Airman, 30 days extra duty, and a 
reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 8 JAN 02 -  Financial irresponsibility. 

LOR, 4 SEP 01 -  Body piercing and disobeying a lawful 

order. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (2) Mos  (10) Das 

TAMS:  (1) Yrs  (1) Mos  (0) Das 

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

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

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DEPARTMENT OF'THE AIR  FORCE 

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86TH AIRLIFT WING (USAFE) 

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%my- '78 fl 

MEMORANDUM FOR 0 86 MXS 

FROM:  86 MXSICC 

SUBJECT:  Notification Memorandum 

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1.  I am recommending your discharge fi-om the United States Air Force for Minor Disciplinary 
Infi-actions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  Ifmy 
recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general (under honorable conditions). 

2.  My reasons for this action are: 

a.  On or about 20 August 2001, you failed to obey a lawful general regulation and on or about 

22 August 2001, you failed to obey a lawful order.  For these incidents, you received a letter of 
reprimand (LOR) dated 4 September 2001 (Atch la). 

b.  Between on or about 15 November 2001 and 15 December 2001, you failed to maintain 

funds within your checking account and overdrew that account causing yo  checks to be 
dishonored.  For this incident, you received an LOR, dated 8 January 200  Atch lb). 

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c.  On or about 3 January 2002, you failed to obey a lawful regulation.  For this incident, you 

received nonjudicial punishment action, dated 23 January 2002.  Ad&tionally, an unfavorable 
information file was created and this document was placed in it.  (Atch 1 c) 

d.  On or about 28 January 2002, you failed to obey a lawful order.  For this incident, you 

received vacation of nonjudicial punishment action, dated 3 1 January 2002. (Atch Id) 

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 and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

4.  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 with 0%- 
, 
Area Defense Counsel, Ramstein AB, GE, Building 2111, DSN 480-218212492 on 
7 F E ~  
f i t  

. You may consult civilian counsel at your own 

a t 3 5 c ~ O  

expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me by  9 rh3  0 2  at 
hours 
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 submit statements in your 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 in uniform with 
your medical records and an escort to the Ramstein AB Clinic, Physical Exams, Building 
2121 on  7 p ~ n b  
for the examination.  Tell the doctor you need a "separation" 
physical examination.  Xyou wear glasses, you must bring them with you.  If you wear contacts, 
you must be able to remove them. 

2 / / M O  

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8.  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 orderly room. 

9.  Execute the acknowledgement and return it to me immediately. 

Attachments: 
1.  Supporting Documents: 

a.  LOR, 4 Sep 01 
b.  LOR, 8 Jan 02 
c.  Article 15,23 Jan 01 
d.  Vacation, 3 1 Jan 02 

2.  Airman's  Receipt of Notification Memorandum 

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