AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

 

~ | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB ile
PERSONAL APPEARANCE . XK RECORD REVIEW
3 a NAME GF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN ‘uoTHC | OTHER DENY
: x
; : x
x
;
: x
! x
ISSUES A94.05 INDEX NUMBER A67.90 Sie thet ule eat artes
t | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
07 Oct 2004 FD-2004-00299

 

 

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL Al

 

 

 

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SATIMBER ce: AIR FORCE DISCHARGE REVIEW BOARD
530 C STREET WEST, SUITE 40 1535 COMMAND BR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-¥2) Previous edition wilt be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2004-00299

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15, three Letters of Reprimand, and six Letters of Counseling for various acts
of misconduct. The applicant states that she was being forced out of the Air Force by her brand new first
sergeant and commanding officer after she was assaulted in March of 2003. This issue is without merit. The
records clearly indicate a pattern of misconduct that started in April of 2001 and continued through October
2003. The DRB opined that failure to obey lawful orders, dereliction of duty, transmitting pornographic
| images on her government computer and distributing marijuana had nothing to do with the alleged assault.
‘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
FD2004-002599

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SRA)

1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr Edwards AFB, CA on 7 Nov 93
UP AFI 36-3208, para 5.50.2 (Misconduct - Conduct Prejudicial to Good Order and

Discipline). Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 8 Sep 79. Enilmt Age: 20 1/12. Disch Age: 24 1/12. Educ: HS DIPL.

AFOT: N/A.

A-&6, H-49, G-53, M-34. PAFSC: 2W151 - Aircraft Armament Systems

Journeyman. DAS: 11 May 00.

b.

Prior Sv: (1) AFRes 15 Oct 99 - 22 Nov 99 (1 month 8 days) (Inactive).

3. SERVICE UNDER REVIEW:

a.

b,

Enlisted as AB 23 Nov 99 for 6 yrs. Svd: 3 Yrs 11 Mo 16 Das, all AMS.

Grade Status: AB - 8 Oct 03 (Article 15, 8 Oct 03)
SrA - 7 May 02
A1lC - 7 Jan oo

Time Lost: None.

Art 15’s: {1) 8 Oct 03, Edwards APB, CA - Article 92. You, did, on
or about 12 Sep 03, violate a lawful general regulation,
to wit: paragraphs 3.1 and 3.3, AFI 33-119, Electronic
Mail (E-Mail) Management and Use, dated 1 Mar 99, by
wrongfully transmitting pornographic images via your
government electronic mail account. Article 112a. You,
did, on or about 29 May 03, wrongfully distribute an
unknown quantity of marijuana. You, did, on or about 30
May 03 and on or about 31 May 03, wrongfully distribute
an unknown quantity of marijuana. Reduction to AB.

(No appeal) (No mitigation)

Additional: RIC, 24 SEP 03 - Late for duty.
LOR, 11 SEP 03 - Dereliction of duty.
LOR, G9 SEP 03 ~ Failure to obey a lawful order.
RIC, 25 AUG 03 - Failure to inform supervisor of
appointment.
LOR, 15 AUG 03 - Leaving place of duty without authority.
RIC, 11 FEB 03 - Late for mandatory meeting.
RIC, 07 FEB 03 - Failure to follow instructions.
RIC, 05 DEC 02 - Failure to follow instructions.
RIC, 01 APR 01 - Failure to establish suitable dependent

care program.
FD2004-00299

£. CM: None.

g. Record of SV: 23 Nov $9 - 22 Jul 01 Edwards AFB 5 (Initial)

23 Jul 01 - 22 Jul 02 Edwards AFB 5 (Annual)
23 Jul 02 - 22 Jul @3 Edwards AFB 3 (Annual)

h. Awards & Decs: AFTR, NDSM, MBOB.

i. Stmt of Sv: TMS: (4) Yrs (0) Mos (24) Das
TAMS: (3) ¥re (11) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293} dtd 14 Jul 04.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues with 20 Attachments.

26AUG04/ia
Fp2ccg¢-c3 RIT

14 JULY 2004

MEMORANDUM FOR AIR FORCE REVIEW BOARD AGENCY

 

FROM

SUBJECT: WHY AN UPGRADE OR CHANGE IS REQUESTED
AND JUSTIFICATION FOR THE REQUEST

1) I was discharged from the United States Air Force on 7 November 2003, with a
General/Under Honorable Conditions Discharge. Under the circumstances, I felt nothing

less than an Honorable Discharge was in order.

2) 23 November 1999, I began my Air Force career. From that day on, the Air Force
Core Values were instilled in my brain. “INTEGRITY FIRST, SERVICE BEFORE
SELF, EXCELLENCE IN ALL WE DO!”

Based on my awards and achievements, alone, anyone can see that I have exceeded the
standards in all three Core Values. I received several awards, volunteered for T.D.Y-.s
and shined in my work and appearance.

Tn March 2003, I was the victim of sexual assault by an Airman in my squadron.
Civilian officers arrested this Airman: When the civilians released him, the Air Force
discharged him (Other than Honorable Conditions/General). His discharge was one step
below mine, which seems as an insult to me, being one step above a rapist. After the
assault J immediately began to receive numerous misconduct letters: With those came an

Unfavorable Information Form. Next, came an Article 15 (UCMJ). It'was crystal clear *
what was going on... I was being forced out of the Air Force by my brand new first -
sergeant and commanding officer. I was falsely accused of two completely different
situations. I was guilty of neither. What I was guilty of was not brought before me.

However, I admitted being guilty of something I was not charged with.
With such accusations | feel a discharge, not to mention General/Under Honorable

Conditions, was rather harsh. Especially when my awards outweigh my alleged
misconduct.

3) With all the attachments I have set before you, I have made it quite obvious what has
been done. ] was a highly decorated Airman with dedication and honor. I have been the

prey of slander and false accusations.

 

Attachments:
See DD FORM 293 SECTION 8a and 8b.
84)

PDALLELOZTT

IN SUPPORT OF THIS APPLICATION, THE FOLLOWING
ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:

ATTACHMENT 1)
ATTACHMENT 2)

ATTACHMENT 3)
ATTACHMENT 4)

ATTACHMENT 5)
ATTACHMENT 6)
ATTACHMENT 7}
ATTACHMENT 8)
ATTACHMENT 9}
ATTACHMENT 10)
ATTACHMENT 11)

ATTACHMENT 12)
ATTACHMENT 13)

ATTACHMENT 14)
ATTACHMENT 15)

ATTACHMENT 16}
ATTACHMENT 17)
ATTACHMENT 18)

ATTACHMENT 19)

ATTACHMENT 20)

PEOPLE’S VOICE AWARD = 18 MAY 2001

ARMAMENT FLIGHT MAINTENANCE PROFESSIONAL OF
THE MONTH = 7 UNE 2001

ENLISTED PERFORMANCE REPORT 22 JULY 2001
COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

5 SEPTEMBER 2001
COMBAT ARMAMENT SYSTEMS TEAM OF THE QUARTER

18 OCTOBER 2001. —
THE ARMED FORCES EXPEDITIONARY MEDAL

14 SEPTEMBER 2601-1 NOVEMBER 2001,

COMBAT ARMAMENT SYSTEMS TEAM OF THE QUARTER
20 DECEMBER 2001 .
COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

29 JANUARY 2002

COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

19 FEBRUARY 2002

COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

24 JUNE 2002

COMBAT ARMAMENT SYSTEMS TEAM OF THE QUARTER
24 JUNE 2002

PERFORMANCE FEEDBACK WORKSHEET 8 JULY 2002
MAINTENANCE ACHIEVEMENT AWARD (JUNE 2002)

22 JULY 2002

ENLISTED PERFORMANCE REPORT == 22 JULY 2002
COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

23 JULY 2002
ARMAMENT FLIGHT MAINTENANCE PROFESSIONAL OF
THE MONTH 23 JULY 2002

COMBAT ARMAMENT SYSTEMS TEAM OF THE MONTH

21 AUGUST 2002

COMBAT ARMAMENT SYSTEMS TEAM OF THE QUARTER
20 SEPTEMBER 2603

AIRMAN OF THE QUARTER RUNNER-UP OF THE SQUADRON
AIRMAN OF THE QUARTER OF THE MAINTENANCE GROUP
AIRMAN OF THE QUARTER NOMINEE OF THE BASE

JULY 2002-SEPTEMBER 2002

ARMAMENT TEAM OF THE YEAR 2062
Ppfeot- CO FT

 

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 412TH TEST WING (AFMC)
EDWARDS AIR FORCE BASE, CALIFORNIA

 

  
 

MEMORANDUM FOR Agel > ems QCT 21 200

FROM: 412 EMS/CC

SUBIECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for a Pattern of
Misconduct (Conduct Prejudicial to Good Order and Discipline). The authority line for this
action is AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative .
Separation of Airmen, paragraph 5.50.2. If my recommendation is approved, your discharge can
be characterized as either Honorable or Under Honorable Conditions (General). I am
recommending that your service be characterized as Under Honorable Conditions (General).

2. The following derogatory data was used to form the basis for discharge (Pattern of
Misconduct) and was used to determine the recommended characterization of the discharge

(General): | .

a. On or about 10 Apr 01, you failed to go to report to work on time, due to the fact that your
child was sick and you did not have anyone to care for your child, as evidenced by a Letter of

Counseling, dated 10 Apr 01 (Atch 1.1).

b. On or about 4 Dec 02,-you failed to obey an order from your supervisor to not get
breakfast while you are not on break, as evidenced by a Letter of Counseling, dated 5 Dec 02

(Atch 1.2).

c. On or about 7 Feb 03, you violated shop policies by going on an unscheduled break
without permission of the shift supervisor, as evidenced by a Letter of Counseling, dated 7 Feb

03 (Atch 1.3).

-  d. Onor about 5 Feb 03, you failed to repori to work on time, as evidenced by a Letter of
Counseling, dated 11 Feb 03 (Atch 1.4).

~ e, On or about 12 Aug 03, you left your appointed place of duty, as evidenced by a Letter of
Reprimand, dated 15 Aug 03 (Atch 1.5).

f. On or about 25 Aug 03, you scheduled a meeting during duty hours without notifying your
chain of command, as evidenced by a Letter of Reprimand, dated 25 Aug 03 (Atch 1.6).
a | Y Pyzcot-con7F

g. On or about 28 Aug 03, you failed to obey an order from your supervisor to not schedule
or cancel an appointment without first clearing it through your chain of command, as evidenced

by a Letter of Reprimand, dated 9 Sep 03 (Atch 1.7).

h. On or about 10 Sep 03, you were derelict in the performance of your duties, by signing a
Composite Tool Kit log as being complete, when a tool was missing, as evidenced by a Letter of
Reprimand and Unfavorable Information File entry, dated 11 Sep 03 (Atch 1.8).

i. On or about 24 Sep 03, you failed to report to work on time, as evidenced by a Letter of
Counseling and Unfavorable Information File entry, dated 24 Sep 03 (Atch 1.9).

j. On or about 12 Sep 03, you violated a lawful general regulation, by wrongfully
transmitting pornographic images via your government electronic mail account, a violation of
Article 92, UCMJ. Between on or about 29 May 02 and on or about 31 May 03, you wrongfully
distributed marijuana, a violation of Article 112a, UCMJ. These violations are evidenced by an

AF Form 3070 (Article 15), dated 8 Oct 03 (Atch 1.10).

k. Onor about 15 Oct 03, you failed to report to work on time, as evidenced by a Letter of
Reprimand, dated 15 Oct 03 (Atch 1.11).

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 convening
authority (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.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consult _f} DC at Bldg 2670 on Al O72 at
09? OD. You may consult civilian counsel 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 bya O¢f O3 (3 duty days) unless you
request and receive an extension for good cause. I will send them 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 right to do so.

7. You have been scheduled for a medical examination. You must report to the Physical
Examination Section, Flight Surgeon's Office, Bldg 3925, at 6730 on ¢ ocr o3 for the

examination. BVO?
-§. 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.

 

Attachments:
1.1 LOC, dated 10 Apr 01
1.2 LOC, dated 5 Dec 02
__.. 1,3 LOC, dated-7 Feb 03
>... 1,4 LOC, dated 11 Feb 03
“1.5 LOR; dated 15 Aug 03
1,6 LOR, dated 25 Aug 03
1,7 LOR, dated 9 Sep 03 |
1.8 LOR, dated 11 Sep 03
1.9 LOC, dated 24 Sep 03
1.10 AF Form 3070, dated 8 Oct 03
1.11 LOR, dated 15 Oct 03

2. Aimman's Receipt of Notification/Recoupment Statement

3. Airman’s Statement
4. EPR