I 

1 YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  AFSNISSAN 

I 

I  GRADE 
1  AlC 
I 
I x 

I 

TYPE  GEN 

'OUNSEL 

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I 

I 

PERSONAL APPEARANCE 

RECORDREVIEW 

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NAhlE O F  COUNSEL AND OR ORGANlZATION 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

MEMBER SITTING 

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HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

I 

VOTE OF THE BOARD 

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ISSLlES  A93.23 

I  INDEX NUhlBER  A67.90 

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1 
2 
3 
4 

HEARING DATE 

CASE NUMBER 

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EXHIBITS SUBM1TTED;TO THE BOARD * 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFlCATlON 
BRIEF OF PERSONNEL FlLE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIh4E OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE 

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I 

19 Aug 2004 
APPLICAXT'S  ISSL't  .bN1> IHE B O W S  DECISICJNAI. RATIONAL ARE DIS(IISSED ON THE  ATTACIIED  AIR  FORCE DISC'HARGE REL IEW  BOAMI DECISIONAL KA'IlONALE 

FD-2004-00167 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance witWwithout counsel, and the right to 
submit an application to the AFBCMR 

-C-....-.--..,..-----------.. 

TO: 

-..-..-....,.... 

INDOWEMEW 

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

--*.-.--..-.- 

DATE:  8/12/2004 

I  FROM: 

SBC'RET,\RV  VP 1 HE AIR bOH('E  PERSONYFI.  ('OL'NCII. 
.AIR  FORCE DISCIIARCE  RE\'IEW  BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB,  MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00167 

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 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  contends  discharge  was  inequitable because  of medical  reasons  tied  to mental  stress. 
AFI  36-3208  states  that  discharge  for  applicants with  mental  disorders  is not  appropriate, if their  record 
supports  a  discharge  for  misconduct  or  unsatisfactory  performance.  The  records  indicated  the  applicant 
received an Article  15, three Letters of Reprimand  and two Letters of Counseling for dereliction of duty and 
disrespect  towards  others.  The DRB  opined  that  through  these  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 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 A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Whiteman AFB, MO on 10 Oct 03 
UP AFI 36-3208, PARA 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good 
Order and Discipline) .  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Dec 83.  Enlmt Age: 17 7/12.  Disch Age: 19 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-84,  E-45,  G-82,  M-47. PAFSC: 4Y031 -  Dental Assistant 
Apprentice. DAS: 15 Oct 02. 

b.  Prior Sv: (1) AFRes 27 Jul 01 -  25 Feb 02  (7 months) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Feb 02 for 4 yrs. Svd: 1 Yrs 7 Mo 15 Das, all AMS. 

b.  Grade Status:  A1C -  26 Jun 03 
A m  -  26 AUCJ 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Jul 03, Whiteman AFB, MO -  Article 92.  You, who 

knew of your duties, on or about 15 Jun 03, were 
derelict in the performance of those duties in that you 
willfully failed to perform duties as a Traffic Control 
Sentry, as it was your duty to do.  Article 86.  You, 
did, on or about 15 Jun 03, without authority, go from 
your appointed place of duty.  Suspended reduction to 
Airman.  Fofeiture of $150.00 pay per month for two 
months, and 15 days extra duty.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 18 AUG 03 -  Disrespect to an NCO. 

LOC, 13 AUG 03 -  Poor attitude, failure to follow 

directions, disrespect to an SNCO, and 
misuse of government property. 

LOCI 23 JUL 03 -  Rude behavior. 
LOR, 09 JUL  03 -  Dereliction of duty. 
LOR, 07 JUL  03 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 26 Feb 02 -  23 Sep 03  Whiteman AFB  1  (Cmdr Dir)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  ( 2 )  Yrs  (2) Mos  (14) Das 
TAMS:  (1) Yrs  (7) Mos  (15) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Apr 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
None. 

DEPARTMENT OF' THE AIR FORCE 

50gTH MEDICAL GROUP (ACC) 

WHITEMAN AIR FORCE BASE, MISSOURI 

ih  F ~ ~ t 4 ? - 1 0 / 6 7  

MEMORANDUM FOR 

FROM:  509 MDOSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a pattern of 
misconduct prejudicial to good order and discipline and a mental disorder.  The authorities for 
this action are AFPD 36-32 and AFI 36-3208, paragraph 5.50.2 and AFPD 36-32 and AFI 36- 
3208, paragraph 5.1 1.9.  If my recommendation is approved your service will be characterized as 
under honorable (general) conditions. 

2.  My reasons for this action are: 

Mental Disorder: 

a.  An evaluation at the Offutt AFB Life Skills Support Center revealed that you are suffering 

fiom Axis I:  Adjustment Disorder with Mixed Disturbance of Emotions and Conduct and from 
Axis TI: Personality Disorder NOS (Avoidant and Dependent Traits).  A Life Skills Clinical 
Psychologist has determined your disorder to be so severe that your ability to function effectively 
in the military environment is significantly impaired.  This diagnosis is evidenced by a 
memorandum fiom a Life Skills Licensed Clinical Psychologist of Mental Health dated 25 Aug 
03.  (Atch  1 a) 

Misconduct: 

b.  On or about 15 Jun 03, you were derelict in the performance of your duties and left your 

appointed place of duty without authority.  For these incidents, you received an Article 15, dated 
10 Jul03.  Additionally, an Unfavorable Information File was established.  (Atch lb) 

c.  On or about 18 Aug 03, you were disrespectful to a noncommissioned officer.  For this 

misconduct, you received a Letter of Reprimand dated 18 Aug 03.  (Atch lc) 

d.  On or about 11 Aug 03, you were disrespectful to a noncommissioned officer and misused 
government property.  For these incidents, you received a Letter of Counseling dated 13 Aug 03. 
(Atch Id) 

e.  On or about 17 Jul03, you were disrespectful to a cashier at the Ozark Dinning Facility. 

For t h s  misconduct, you received a Letter of Counseling dated 23 Jul03.  (Atch 1 e) 

f.  On or about 08 Jul03, you were derelict in the performance of your duties.  For this 

misconduct, you received a Letter of Reprimand dated 09 Jul03.  (Atch If) 

Global Power for America 

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g.  Between on or about 23 Jun 03 and on or about 27 Jun 03, on divers occasions you were 

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derelict in the performance of your duties.  For this misconduct, you received a Letter of 
Reprimand dated 07 Jul03.  (Atch 1 g) 

3.  This action could result in your separation with an under honorable (general) conditions 
discharge.  The commander exercising special court-martial convening authority or a higher 
authority will make the final decision in this matter.  If you are discharged you will be ineligible 
for reenlistment in the Air Force and will probably be denied enlistment in any component of the 
armed forces.  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 Area Defense Counsel in Bldg 509 on 
8  oc*  03 
expense. 

.  You may also consult civilian counsel at your own 

at  /OO 0 

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 JO &&  03 h ~ 3 0  unless you request 
and receive an extension for good cause shown.  I will forward your statements to the separation 
authority. 

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

7.  You have been scheduled for a medical examination. You must report to Family Practice at 
1/00  on  9 

03 for the examination. 

8.  Any personal information you furnish in rebuttal is protected by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in your unit's  Orderly Room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  Supporting documents for the reason for discharge 

a.  Memorandum fkom Life Slulls Clinical Psychologist, dated 25 Aug 03 
b.  Article 151 UIF, dated 10 Jul03 
c.  LOR, dated 18 Aug 03 
d.  LOC, dated 13 Aug 03 
e.  LOC, dated 23 Ju103 
f.  LOR, dated 09 Jul03 
g.  LOR, dated 07 Jul03 
h.  509 MDOS/CC Memorandum, dated 07 Oct 03 

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2.  Documents containing derogatory information which are not listed in the notification 
memorandum:  None. 

3.  Airman's receipt of notification memorandum, dated  7 Oc &  03 .