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RECORDREVIEW 

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ADDRESS AND OR ORGAKIZATION  O F  COUNSEL 

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VOTE OF THE BOARD 

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AIR  FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

INDEX NUMBER 

A67.90 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  I  ORDER APPOINTING  THE BOARD 
1  2  1  APPLICATION  FOR  REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

ADDITIONAL  EXHIBITS SUBMITTED A T  TIME OFp 
PERSONAL AF'PEARANCE 

HEAIUNG  DATE 

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CASE NUMBER 

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06 Jul2005 
APPLICANT  S ISSW2 AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED  AIR FORCE DISCHARGE REVIEW  BOARD DECISIONAL  RATIONALE 

FD-2004-00090 

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. 

Names and votes will be made available to the applicant at the applicant's request. 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

FROM: 

DATE:  7/6/2005 

SECRETARY O F  THC AIR  FORCE PERSONNEL COLINCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COhlMAND DR. EE WING, 3RD FLOOR 
ANDREWS  AFB. MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition wiIl  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUPIBER 

FD-2004-00090 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable  and  change  the  reason  and 
authority for the discharge. 

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 and change of reason and authority for discharge 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. 

ISSUE:  Applicant contends discharge was inequitable because  it  was completely unfounded.  The records 
indicated the applicant received  two Letters of Reprimand  for failure to go and for failure to wear a seal belt; 
and for lying to her first  sergeant about living in the dormitory.  The applicant refused to return  from leave, 
lied  to  her  supervisors,  refused  treatment  from  Life  Skills  and  expressed  a  continued  desire  to  shirk  her 
military obligation.  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 A ~ C )  (HGH A ~ C )  

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Shaw AFB, SC on 5 May 03 UP 
AFI 36-3208, paragraphs 5.50.2 &  5.11.9.1 (Misconduct -  Conduct Prejudicial to 
Good Order and Discipline &  Mental Disorder).  Appeals for Honorable Discharge 
and to Change the Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Oct 79.  Enlmt Age: 22 2/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-71,  E-39,  G-74,  M-28. PAFSC: 2W031 -  Munitions Systems 
Apprentice. DAS: 21 Aug 02. 

b.  Prior Sv:  (1) AFRes 7 Jan 02 -  19 Mar 02  (2 months 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 20 Mar 02 for 6 yrs. Svd: 1 Yrs 1 Mo 16 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, UNDATED -  Failure to go. 

LOR, 10 DEC 02 -  Failure to wear a seat belt. 
NOV 02 -  Lying and attempting to receive BAH when she was 

not entitled. 

f .  CM:  None. 

g.  Record of  SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (3) Mos  (29) Das 
TAMS:  (1) Yrs  (1) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Mar 04. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 2 1 4 .  

I am requesting a change in my discharge classification and narrative reasoning for 
discharge due to the fact that the misconduct portion of my discharge was completely 
unfounded. 

I arrived at Shaw AFB, in August of 2002.  Less than a month after arriving at Shaw I 

began to realize that a lot of the information given to me by my recruiter regarding my 
military career proved to be inaccurate.  After going on leave to attend a close family 
members'  wedding, I made a very regretful and detrimental decision not to return to 
Shaw on my scheduled return date.  To make matters worse, upon returning to Shaw, I 
fhbricated a story, in fear of the consequences I would have to suffer for my actions. 

Prior to leaving my  1"' sergeant's office I revealed the truth about my situation.  I 

informed them of my reason for making up the story and very emotionally revealed the 
fact that I was given false information regarding my military career.  I found myself 
falling into a state of depression and was extremely concerned about my state of being in 
the future.  At that time, my  1"' sergeant gave me the opportunity to explain in detail the 
specifics of my  ordeal.  I informed him of the fact that I was inerely 3 semesters from 
completing my bachelor's  degree prior to enlisting in the Air Force.  My recruiter 
informed me of the 100% tuition assistance the Air Force offered, as well as the 
opportunity to become a commissioned officer upon completing my  degree.  He also 
assisted me in choosing a job that would enable me to take a fbll load of classes, enabling 
me to complete my degree in a timely manner.  This was something very important to 
me, being that I would be the first of my grandmothers' 25 grandchildren to complete a 
college degree.  I was not informed that in addition to waiting the six weeks for basic 
training, and the 2 months for tech school, that I would have to wait an additional 18 
months to complete CDC's before I could enroll in school.  I could not believe that 
someone would be so dishonest as to mislead me in something that was so important to 
me.  Postponing my enrollment in school 2 semesters to join the military was something I 
was more than willing to do.  Had I known a two-year delay was to be expected, I would 
not have opted to join at that time. 

Afler speaking with my commander and my  1"' sergeant, they informed me that the 

consequences for my actions could go one of two ways.  If I felt the circumstances I was 
facing in continuing my mil_itary career were intolerable I could receive an article 15 or 
some other severe form of punishment that would expedite my discharge from the 
military, almost certainly- with a dishonorable discharge.  This option would not only 
ensure a negative experience in my military career, but also dficulty obtaining a job in 
my civilian life due to a dishonorable discharge.  Option 2 would be to accept an LOR 
and work with my supervisors and other military officials to make the best of my military 
career.  I was informed of Palace Chase and various other commissioning programs that 
would be very beneficial to me. 

I accepted the LOR, and ensured my cornmandihg officials that the behavior 

exemplified in the current situation was not a reflection of what was to be expected of me 
as a person.  I undytood that for a while I would be working to establish my  credibility, 
and I was mor&p 
for the challenge.  After this event, I went the extra mile to change 
the impression I made on everyone involved in the situation. 

My only other &action  while at Shaw was a ticket I received in November of 2002 

for not wearing my safety belt.  This was definitely a one-time occurrence, as stated in 
my response to the LOR I received.  I am an avid supporter and enforcer of individuals 
wearing their safety belts while driving. 

I worked very hard to make the best of a bad situation, unfortunately due to 

circumstances beyond my control I drifted into a severe state of depression.  Family 
issues along with the extreme sense of anxiety I experienced towards the pending war 
situation, caused my condition to worsen. I sought help through the base Chaplin, and 
was referred to the life-skills clinic.  After several attempts to receive council fiom Capt. 

t the life-skills clinic, we no 
quested my shop chief, S 

mmunication problem existed 
to sit in on one of our sessions, 

and he agreed that there was a severe breakdown in communication between Capt.- 
me with a list of providers &om which I may solicit 
and myself.  ~apt.-provided 
outside treatment from  I accepted the offer and began receiving treatment from an 
outside provider.  While receiving council, I was prescribed Zoloft, an anti-depressant 
drug to help in my recovery from the severe state of depression I was in.  After 4 months 
of treatment, to no prevail,  a discharge was taken into consideration. 

After the decision was made, the paperwork was given to me explaining the details of 
my discharge.  There were several false statements, and inaccurate recollections of events 
included in the package.  I received assistance in my rebuttal fiom the base legal office, 
but with little success.  One major inaccuracy stat 
statement concerning a conversation between Sgt. 
no paperwork generated fiom this incident at the time however, ap inaccurate recollection 
of the event was included in my discharge package.  Failing to state that I requested a 
situation, and that I stated in fiont of my 
that he was mistaken concerning the 
ecific instructions in this matter, that I 

and myself.  There was 

e package was a 

particulars of this event. 
followed, and in doing so, 

ed me for this, in a very demeaning, and 
matter, fiom my commander was (in summation), 
ad seniority over me and because of this his word prevailed over mine. 

informed the individuals in the legal office that due to the prior experience with Sgt. 
inaccurately conveyin  a conversation between the two of us, I felt uncomfortable 

ever being alone with Sgt. 8L I also informed the legal o6ce of the uneasy feeling I 

received because of the fact that ~gt.-displayed 
his office.  Shortly thereafter I was informed that he was ordered to remove the flag from 
display.  I am assuming that he was informed that I was the one to bring up the issue of 
his office dkor, which brings me to believe he had a personal vendetta towards me. 

a confederate flag on the wall of 

Which brings me to this attempt to correct my current discharge status and narrative 

reasoning for discharge.  I honestly feel that rank, seniority, and status, played a huge role 
in the unjust decision to categorize my discharge as due to misconduct.  I received an 
LOR for my failure to report to duty, and the tr&c  citation that I received.  Neither of 
which constituted a discharge.  My severe state of depression and overwhelming anxiety 
were the reasons for my discharge.  The additio  of misconduct was totally unjust, and 
added due to a personal vendetta between Sgt. h a n d  myself.  I hope that by 
submitting this document I will be given the proper discharge for my circumstances. 

uEPARTMENT OF THE AIR F W C E  r0 z-g.At)dd TB 

I 

20th FIGHTER WING (ACC) 

SHAW AIR FORCE BASE, SOUTH CAROLINA 

MEMORANDUhl FOR  A I C 

0 EMS 

FROM:  20 EMSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for conduct prejudicial 
to good order and discipline and mental disorders.  The authority for this action is AFPD 36-32 
and AFI 36-3208, paragraphs 5.50.2 and 5.11.9.  If my recommendation is approved, your 
discharge will be characterized as Honorable or Under Honorable Conditions (General).  I am 
recommending  that your service be characterized as General. 

2.  My reasons for this action are: 

a.  On 3 Mar 03, Cap 
able to conform your behavi 
significantly impairs your ability to function in the military environment. 

om Life Skills determined that, although you are 
with the UCNIJ, you have a mental disorder that 

b.  On  16 Jan 03 and again on 21 Jan 03, you told Life Skills personnel that you were 
considering harming yourself  for the purpose of  getting out of  deployment  and, ideally, your 
military obligation.  You refused to engage in a treatment plan and reiterated your desire to shirk 
your obligations. 

c.  During Nov 02, you lied to your first sergeant, MSg 

tating that you 

the dormitory for a year when you had only been in the dormitory 
days.  You then lied to your section chief, stating that your first sergeant, MSgt 

ad given you permission to move out of the dormitory. In doing so, you 

attempted to receive BAH when  you were not entitled. 

d.  On 3 Sep 02, you failed to report for duty.  For this misconduct, you received an LOR. 

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 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, and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military 1 
I have made an  appointment for you to consult Capt 

as been obtained to assist you. 

rea Defense Counsel, 

G/oba/ Power h r  ArneHca 

895-9530, o n x  Mar 03, a t D 3 3  hours.  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 within three days after receipt of the notification 
memorandum, unless you request  and receive an extension for good cause shown.  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 are scheduled for your final out-processing medical examination on d
 
/-W hours.  You will report to Primary Care, located in the Shaw AFT3 Hospital, at the time 
prescribed.  This appointment is mandatory.  If you must reschedule, contact your unit First 
Sergeant to reschedule the appointment for you.  This examination must be carried out within 
48 hours of the original appointment if the date must be rescheduled. 

03 at 

r

~

a

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 return it to me immediately. 

--- 
commander 

Attachments: 
1.  Memo from Capt 
2.  MFR, 13 Mar 03 (Tab 4) 
3.  LOR, undated (Tab 4) 
4.  LOR, 10 Dec 02, with response (Tab 4a) 
5.  Respondent's Receipt of Notification  (Tab 5) 

Mar 03 (Tab 4)