Search Decisions

Decision Text

AF | DRB | CY2004 | FD2004-00138
Original file (FD2004-00138.pdf) Auto-classification: Denied
- 

 

#

I
1  NP-YE'OF  XRVICE  MEMBER  (LAST,  FIRST  MIDDLE  INITIAL) 

- - 

A I R   FORCE  DISCHARGE  REVIEW  BOARD  HEARING  RECORD 

GRADE 

1 
I 1  AMN 

I  AFSN/SSAN 

1 

I 

I 

PERSONAL  APPEARANCE 

NAME OF COLWJSEL J+ID OR  ORGANIZATIJN 

TYPE  GEN 
COUNSEL 

No 

I 

I 
RECORD  REVIEW 

X 
I 
I ADDRESS AND OR  OhGANIZATlON  OF COUNSEL 

I 

MEMBER  S I T T I N G  

-- 

I 
1 

HON 

I 

pp --  - - - 
- -  . . . . 
I  DENY 

VOTE  O F   THE  BOARD 

I  OTHER 

I  UOTHC 

GEN 

. 

I 

1 

- .. 

1 

I I 

E X H I B I T S   SUBMITTED  TO  THE  BOARD 

1 
I  2 
3 
4 

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

TAPE RECORDTNG OF PERSONAL APPEARANCE 

ISSUES  A 9 3 . 1 0  
A 0 1 . 0 2  

INDEX  NUMBER 

A 6 7 . 1 0  

HEARING  DATE 

)  0 3  A u g   2 0 0 4  

CASE NUMBER 

F D - 2 0 0 4 - 0 0 1 3 8  

Case heard at Washington, D.C. 

- 

Advise applicant of the decision of the Board. 

1  * Secretarial Authority 

.  . . . . . . . . . 

SAFIMRBR 

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

INDORSEMENT 

- . . - . . . . - 

- . 

I 

- - . . - . . . . . 
FROM: 

. . . . . . . . . . . . . .  - . . . . -  .  . 

-. 

-

.

 

SECRETARY  OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR,  EE WING,  3RD FLOOR 
ANDREW8 AFB, M D  20762-7002 

AFHQ  FORM  0 - 2 0 7 7 ,  

JAN  0 0  

(EF-V2) 

AIR FORCE DISCHARGE REVIEW BOARD 1)ECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00138 

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:  The Board grants the requested relief. 

Based  upon  the  record  and  evidence  provided  by  applicant,  the  Board  finds  the  applicant's  reason  and 
authority for discharge improper. 

ISSUES: 
Issue 1.  The applicant contends that her discharge was inequitable because her ability to serve was impaired 
due to martiallpersonal  and psychiatric problems.  Applicant was diagnosed with major depression, moderate 
and borderline personality disorder, and was placed on Prozac.  Additionally, she filed bankruptcy, gained 
substantial weight and made continual visits to the Medical Group supporting the issue of personal problems. 

Issue 2.  The board found the applicant should have been afforded the opportunity to meet a dual-action 
board based on her medical history.  The records indicated the applicant received two minor traffic tickets, 
one Record of Individual Counseling and five Letters of Reprimand, two of which were based on failures in 
the Weight Management Program.  The minor disciplinary infractions may have been a result of her personal 
problems and because the medical history of the applicant was not addressed to the separation authority, the 
characterization of the discharge was found to be inappropriate. 

CONCLUSIONS: The Board  concludes because of the above stated impropriety  the overall  quality of the 
Applicant's  service is more accurately reflected by an Honorable discharge and the reason for the discharge 
is more accurately described as Secretarial Authority under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch from Hurlburt FLD on 22 Apr 96 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Feb 73.  Enlmt Age: 20 4/12.  Disch Age: 23 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-40,  G-46,  M-41. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: 27 May 94. 

b.  Prior Sv: (1) AFRes 22 Jul 93 -  13 Feb 94 (6 months 23 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 14 Feb 94 for 4 yrs. Svd: 2 Yrs 2 Mo 9 Das, all AMS. 

b.  Grade Status:  AMN -  14 Aug 94 

c.  Time Lost:  None. 

d.  Art 15's:  None 

e.  Additional: LOR, 13 FEB 96 -  Several uniform violations. 

LOR, 13 FEB 96 -  Dereliction~of duty. 
LOR, 12 FEB 96 -  Unsatisfactory on the Weight Management 

LOR, 12 JAN 96 -  Unsatisfactory on the Weight Management 

Program. 

Program. 

LOR, 29 MAR 96 -  Late for work and illegal parking. 
RIC, 21 AUG 95 -  Unsatisfactory performance. 
Traffic Ticket, 12 Apr 95 -  Illegal parking. 
Traffic Ticket, 28 Feb 95 -  Driving with expired tags. 

f.  CM:  None. 

g.  Record of SV: 14 Feb 94 -  13 Oct 95  Hurlburt Field  3  (Initial) 

14 Oct  95 -  18 Mar 96  Hurlburt Field  1  (Cmdr Dir)REF 

h.  Awards &  Decs:  AFTR 

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (1) Das 
TAMS: (2) Yrs  (2) Mos  (9) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Apr 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Medical Records. 
3 .  Divorce Decree. 
4. Bankrupt Statement. 
5. Character Statements and Certificate of Appreciation. 
6. Responses to Discharge and Medical Documents to Support 1 Response. 
7. Character References that Reference I11 Treatment. 
8. Educational Degrees, Grades, and Awards. 
9. Character References Since Discharge. 
10. Recent Credit Report. 
11. Paid Mortgage Statement. 
12. Certificate of Good Standing For Company. 

TO:  S A F r n R  

550-C Street West, Suite 40 
Randolph AFB, TX 78 150-4742 

RE:  APPL1CATION;FOR THE REVTEW OF DISCHARGE (RECORDS REVIEW) 

This is a request to review the discharge of th 
the current General Discharge to an Honorab 
supporting documentation that will reflect unstable mental health due to a husband that 
physically and emotionally battered me to the point of psychiatric medication and help. 
Compounded by the poor treatment I received by my supervisor at CES, you'll  see how 
my emotional status was sent into a downward spiral of physical and emotional ailments. 
At time of discharge I was almost 50 pounds overweight, frnancidy bankrupt and on 
psychiatric medication. 

and to change 
will find 

Ifplaced in a proper environment I would have then excelled in the military.  As proof 
are my successes after discharge, which include home and business ownership, 2 
Associate Degrees, 1 Bachelor Degree and many awards of achievement and recognition. 

I thank you greatly for your time and effort on this matter. 

Much Appreciation, 

.. . Continuation 

I must also add, though I have no proof, I firmly believe that I was recommended for 
discharge because I was on the military weight program for a year and was to be 
considered for physical disability due to my weight problem when given the 
recommendation for General Discharge on inflated charges.  I can only show entrance 
into the military weight program, that is all my medical records contain, the records do 
not contain my regular weigh ins' up until my discharge.  Reference 7. 

MEMORANDUM FOR 

FROM :  16. CES/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air 
Force for misconduct, more specifically for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 
36-3208, section H, paragraph 5.49. If my recommendation for 
discharge is approved, your service will be characterized as 
Honorable or General.  I am recommending your service be 
characterized as General. 

2.  My reasons for this action are based on the following: 

a.  You were, 'on 28 Feb 95, driving on base with expired tags 

in violation of AFR 125-14, for whikh you received a ticket, as 
evidenced by DD Form 1408, dated 28.. Feb 95. 

b.  You did, on 12 Apr 95, park in a reserve parking space, 
which you knew you were not authorized, for which you received a 
ticket, as evidenced by DD Form 1408, dated 12 Apr 95. 

c.  You were, on 21 Aug 95, counseled on your failure to meet 

expectations, standards, and follow orders, for which you 
received a letter of counseling (LOC), as evidenced by 
AF Form 174, dated 21 Aug 95. 

d.  You did, on 12 Feb 96, fail to follow proper procedures 
by failing to logout of the PC111 computer system as you knew it 
was your duty to do, for which you received a letter of reprimand 
(LOR), dated 13 Feb 96. 

e.  You did, on 12 Feb 96, fail to maintain proper uniform 

standards, by failing to wear all required items of the uniform 
and failing to have strips on your uniform, for which you 
received an LOR, dated 13 Feb 96. 

f.  You did, on 16 Feb 96, write a check to the Eglin Air 

Force Base Exchange in the amount of $15.75 and failed to 
maintain sufficient funds to cover the check, as evidenced by 
AAFES Form 7200-75, and memo for record  (MFR), dated 4 Mar 96. 

g.  You did, on 1 Mar 96, fail to go to your appointed place 
of duty and did lie to a superior NCO about your whereabouts, as 
evidenced by an MFR, dated 7 Mar 96. 

h.  You did, on 4 Mar 96, fail to report to your appointed 

place of duty at the time prescribed, by reporting over one hour 
late, and failed to follow proper uniform standards by not having 
a cover when walking from the parking lot to your appointed place 
of duty, as evidenced by MFR, dated 7 Mar 96. 

i.  You did, on 7 Mar 96, fail to report to your appointed 
place of duty at the time prescribed, by reporting for duty 20 
minutes late, and wrongfully parking in an unauthorized parking 
spot, as evidenced by MFR, dated 7 Mar 96, for which you received 
an LOR, dated 29 Mar 96. 

4.  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.  If you are discharged, you will be ineligible for 
reenlistment in the Air Force. 

5.  You have the right to consult counsel.  Military legal 
counsel has been obta'ined to assist vou.  I have made an 
appointment for you to consult 
Field, FL, Bldg 90042, on  3 A D /  
may consult civilian counsel At  your own expense. 

Hurlburt 
ours.  You 

6.  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 work days unless you request and receive an 
extension for good cause shown.  I will send them to the 
separation authority. 

7.  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. 

8.  You are scheduled for a medical examination and you should 
report to the Hurlburt Clinic at  l 4 L O   hrs on  &  AD/  fc 
for 
the examination. 

I 

9.  Any personal information you furnish in rebuttal is covered 
by the Privacy Act Statement of 1974.  A copy of AFI 36-3208 is 
available for your use at the unit orderly room. 

Attachments: 
Supporting documents--for the reason of discharge 
1.  DD Form 1408, dtd 28 Feb 95 
2.  DD Form 1408, dtd 12 Apr 95 
3.  AF Form 174, dtd 21 Aug 95 
4.  LOR, dtd 13 Feb 96 
5.  LOR, dtd 13 Feb 96 
6.  AAFES Form 7200-75, dtd 23 Feb 96 
7.  MFR, dtd 4 Mar 96 
8.  MFR, dtd 7 Mar 96 
9.  MFR, dtd 7 Mar 96 
10. MFR, dtd 7 Mar 96 
11. LOR, dtd 29 Mar 96 
Documents containing derogatory information--which are not listed 
in the notification memorandum 
12. AF Form 393, dtd 20 Apr 95 
13. LOR, dtd 12 Jan 96 
14. LOR, dtd 12 Feb 96 
15. AF Form 1058, dtd 15 Feb 95 
16. AF Form 108, dtd 20 Apr 95 
17. AF Form 1137, undtd 
18. Amnls Receipt of Not. Memo. 



Similar Decisions

  • AF | DRB | CY2006 | FD2005-00473

    Original file (FD2005-00473.pdf) Auto-classification: 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. A1C-(EPR Indicates): 16 Mar 93-15 Nov 94. SERVICE UNDER REVIEW: a. Reenlisted as SrA 8 May 96 for 4 yrs.

  • AF | DRB | CY2003 | FD2002-0448

    Original file (FD2002-0448.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0448 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant received three Article 15s, two Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and two Records of Individual Counseling for financial irresponsibility, failure to obey, failure to go, and traffic, parking and speeding violations. Attachment: Examiner's Brief FD2002-0448 DEPARTMENT OF THE AIR FORCE AIR...

  • AF | DRB | CY2002 | FD2002-0166

    Original file (FD2002-0166.pdf) Auto-classification: Denied

    _ CASI ADMBERK AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pppo2-0166 GENERAL: The applicant appeals for upgrade of discharge to honorable. e, Additional: LOR, 01 FEB 96 - Failed to obey order. For this infraction, you received a Record of Individual Counseling (RIC) on 23 Feb 96.

  • AF | DRB | CY2006 | FD2006-00001

    Original file (FD2006-00001.pdf) Auto-classification: Denied

    7 ~ 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00001 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. Between on or about 21 Aug 96 to on or about 27 Aug 96, you wrongfully made Automatic Teller Machine cash withdrawals and unauthori~d purchases...

  • AF | DRB | CY2003 | FD2002-0486

    Original file (FD2002-0486.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) T vp UOTHC X PERSONAL APPEARANCE } NAME OF COUNSEL AND OR ORGANIZATION ISSUES A94,06, A01.39, A01.43 INDEX NUMBER A 64.00 GRADE AFSN/SSAN AB RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL 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 HEARING DATE CASE...

  • AF | DRB | CY2005 | FD2004-00467

    Original file (FD2004-00467.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE ATR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD FD2004-00467A (Former SRA) (HGH SRA) (REHEARING) 1. h. On or about 7 Jun 95 you reported to work late and on or about 19 Oct 95 you failed to complete a given task for which you received a Letter of Counseling on 23 Oct 95. : PO x20 20467 4 i, On or about 12 May 96 you was driving at an unreasonable rate of speed for which you received a traffic ticket and a Letter of Counseling on 8...

  • AF | DRB | CY2003 | FD2002-0099

    Original file (FD2002-0099.pdf) Auto-classification: Denied

    ISSUES: The applicant was discharged with a general service characterization from the Air Force for misconduct or, more specifically, minor disciplinary infractions. = FD20¢ DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD MATTER UNDER REVIEW: (Misconduct - Minor Disciplinary Infractions). c. If you determine this separation action is supported by the evidence, approve the separation action and direct the respondent be given a general discharge, with or without probation and...

  • AF | DRB | CY2007 | FD2006-00325

    Original file (FD2006-00325.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2006-00325 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. For failing to perform assigned duties properly, you received an RIC...

  • AF | DRB | CY2003 | FD2003-00080

    Original file (FD2003-00080.pdf) Auto-classification: Denied

    LOC, 20 MAR 00 - Speeding. You have been scheduled for medical examinations. Commander Attachments: AF Form 3070, 27 Mar 02 AF Form 1137 MER, 6 Mar 02 LOC, 19 Feb 02 LOC, 13 Feb 02 LOR, 26 Mar 01 DD Form 1408, 2 Sep 00 LOC, 20 Mar 00 .

  • AF | DRB | CY2005 | FD2005-00239

    Original file (FD2005-00239.pdf) Auto-classification: Denied

    ISSUE: Applicant received a general discharge for a pattern of misconduct and unsatisfactory performance. Positive In-Service Conduct: Completed Basic Training (Certificate Attached) Completed (Certificate Attached) Information Management Apprentice Course AF Study and Testing Skills (Certificate Attached) Customer Service Provider Course (Certificate Attached) Positive Post-Service Conduct: in State Civil Service Position (Letter of Employment Employment, Certificate, and Character...