AIR FORCE DlSCHARCE REVIEW BOARD HEARING RECORD 

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RECORDREVIEW 

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

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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. 

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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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