AIR FORCE DlSCHARCE REVIEW BOARD HEARING RECORD
GRADE
1 AMN
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RECORDREVIEW
' I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL.)
YES
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PERSONAL APPEARANCE
MEMBER SITTING
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HEARING DATE
01 Sep 2004
CASE NUMBER
FD-2004-00122
Case heard at Washington, D.C.
ADDRESS AND OR ORGANIZATION O F COllNSEL
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APPI.ICATION FOR REVIEW OF DISCHARGE
I 1 1 ORDER APPOlN'TMG THE BOARD
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1.3 1 LETTEROFNOTIFICA'IION
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BRIEI- Of' PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDI'I'IONAL EXHIBI'TS SUBM I'I'TED AT TIME OF
1 PERSONAL APPEARANCE
I TAPE RECORDING OF PERSONAL APPEARANCE
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Advise applicant ofthc decision of the Board, the right to a pcrsonal appearance withlwithout counsel, and the right to
submit an application to the AFBCMR.
550 C STREET WEST, SlJlTE 40
KANDOLPII AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
FROM:
SECRETARY OF I'HE AIR FORCE PERSONNEL C0UNC:IL
AIR FORCE DINIIIAKGE REVIEW BOARD
1535 COMMAND D R EF. WING, 3KU FLOOR
ANDREWS AFB, MU 20762-7002
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Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DEC:ISIONAL RATIONALE
CASE NUMBLH
FD-2004-00122
GENERAL: The applicant appeals for upgrade of discharge to general, to change the reason and authority
for her discharge, and to change her reenlistment code.
The applicant was offered a personal appearance before the Discharge Review Board 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, change of reason and authority for the discharge, and change of
reenlistment code are 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.
ISSUES: Applicant was discharged for misconduct, commission of a serious offense. Member had an
Article 15, a Letter of Reprimand, and a Letter of Counseling. These actions documented being late for
work, missing a mandatory formation, and grand larceny by fraud of an amount between $800.00 and
$1300.00 from Sears, for which she was arrested by local police. At the time of the discharge action,
member consulted counsel and waived her right to submit a statement in her own behalf. The record
reflects member and a civilian friend who was a Sears employee purposely conspired to credit monies to
member's Discover Credit card account as if she had made a payment on the balance when in fact she had
not provided the funds with which to make a payment. Although this conduct could have been tried in
civilian court, it was also subject to trial by military court-martial and a punitive discharge. Yet, her chain
of command chose to administer punishment via Article 15 instead.
'l'he Board found that applicant
committed a serious ofknse that does not warrant a characterization of honorable, which is only appropriate
when the member's service has been so meritorious that any other characterization would clearly be
inappropriate. Applicant was age 22 when her misconduct occurred, and there is no evidence that she was
immature and did not know right from wrong. The discharge regulations clearly gave her chain of
command authority to recommend administratively discharging her based on unsuitability for further
military service as a result of her serious misconduct. Facts and circumstances are different in each action
and must be judged on a case-by-case basis. In doing so, a commander must consider the seriousness of the
misconduct and how a member's retention might affect good order, discipline, and morale, not just the
member's past record of service or rehabilitative potential. They must focus on conduct during the current
enlistment, and also consider factors such as the member's age, length of service, grade, aptitude, and the
standards of acceptable conduct and performance. The regulation provides for circumstances wherein a
single incident of misconduct may provide the basis for characterizing service, and characterization less
than honrable is warranted when the behavior constitutes a significant departure from standards expected of
'Shere is no evidence that the discharge was inequitable or improper. The Board finds the
airmen.
applicant's discharge to be appropriate and in accordance with Air Force Policy.
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.
DEPARTMENT OF THE AIR FORCE
A I R FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AMN) (HGH AlC)
1. MATTER UNDER REVIEW: A p p l recld a GEN Disch fr MacDill AFB, FL on 24 Apr 01
UP AFI 36-3208, para 5.52.3 (Misconduct - Other Serious Offenses). Appeals for
Honorable Discharge, and to Change the RE Code, Reason and Authority for
Discharge.
2 . BACKGROUND:
a. DOB: 18 Oct 7 8 . Enlmt Age: 20 5/12. Disch Age: 22 6/12. Educ: H S DIPL.
AFQT: N/A. A-76, E-40, G-42, M-07. PAFSC: 3P031 - Security Forces Apprentice.
DAS: 15 Sep 99.
b. Prior Sv: (1) AFRes 26 Mar 99 - 20 A p r 99 (26 days) (Inactive).
3. SERVICE UNDER RENIEW:
a. Enlisted as A m 21 Apr 99 for 4 yrs. Svd: 2 Yrs 0 Mo 4 Das, all AMS.
b. Grade Status: A m - 6 Mar 01 (Article 15, 6 Mar 01)
A1C - 21 Feb 00
c. Time Lost: None.
d. Art 1 5 ' s : (1) 6 Mar 01, MacDill AFB, FL - Article 121. You did, at
or near Tampa, Florida, between on or about 13 Oct 00
and 28 Oct 00 steal United States currency of a value of
about $1,300.00, the property of Sears, Roebuck, and
Company. Reduction to Airman, 30 days extra duty, and
30 days restriction. (No appeal) (No mitigation)
e. Additional: (Examiner's Note: The following derogatory conduct is
listed on the Recommendation for Discharge, but are
missing from the file) .
LOR, 01 DEC 00 - Failure to report for a mandatory
LOC, 03 JUL 00 - Late for duty.
formation.
f . CM: None.
g. Record of SV: 21 Apr 99 - 31 Dec 00 MacDill AFB 4 (Initial)
h. Awards & Decs: AFTR, AFOUA.
i. Stmt of S v : TMS: (2) Yrs (1) Mos (0) Das
TAMS: (2) Yrs ( 0 ) Mos (4) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 19 Jul 04.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
for Discharge)
Issue 1: 1 believe that an upgrade is in order because before they reached
a verdict in the Florida Court my commander already found me guilty. I was
discharged from the Air Force although I was never found guilty. I would like
my character of service to be upgraded to honorable and my reentry code to be
upgraded from a 2B so that I may be able to reenlist. Also, because I feel that
a general discharge may hinder my employment prospects. Thank you for your
time .
ATCH
1. DD Form 214.
2. AF Form 3070.
6TH AIR MOBII-ITY WING (AMC)
MACDILL AIR FORCE BASE, FLORIDA
FROM: 6 SFSICC
SUBJECT: Notification Memorandum
1. I am recommending your discharge fiom the United States Air Force for a commission of a serious offense
consisting of conduct prejudicial to good order and discipline. The authority for this action is AFPD 36-32 and AFT
36-3208, paragraph 5.52. If my recommendation is approved, your service will be characterized as honorable or
" under honorable conditions (general). I am recommending that your service be characterized as an under honorable
,
conditions (general).
2. My reasons for this action is on or about 13 Oct 2000, you stole about $1,300.00 from Sears and Roebuck and
Company. This incident was recorded on an Air Force Form 3070, Record of Nonjudicial Punishment Proceedings,
dated 13 March 200 1. (Tab B)
3. Copies of the documents to be forwarded to the separation authority in support of this recommendation are
attached. The commander exercising Special-Court Martial (SPCM) jurisdiction or a higher authority will decide
whether you will be discharged or retained in the Air Force. If you are discharged, you will be ineligible for
reenlistment in the Air Force.
'
4. You have the right
appointment for you to cons
on h y 01 at
1 has been obtained to assist you. I have made an
sel at your own 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 5 & f 0 1
unless you request and receive an extension for good cause shown. I
will send them to the separation auhority.
6 . 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.
7. You have been scheduled for a medical examination. You must report to the 6th Medical Group Hospital -
Physical Exams, at
hours on .? Apf 0 I
.
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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 attached acknowledgment and re
Attachments:
a. Respondent's Acknowledgment
b. AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 13 March 2001
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