- (  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

1  GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

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I 

I

X

 

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RECORDREVIEW 

MEMBER SITTING 

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

LETTER OF NOTIFICATION 

PERSONAL  APPEARANCE 

I '  I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING  DATE 

18 Aug 2004 

CASE NUMBER 

FD-2004-00186 

Case heard at Washington, D.C. 

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

(/ 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW 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 

FD2004-00186 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 is denied. 

The Board finds that neither the evidence of record nor that provided by applicant  substantiates an inequity 
or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant  contends  discharge  was  inequitable  because  she  was  purposely  targeted  and  treated 
unfairly due to her sexual orientation.  Applicant was discharged for conduct prejudicial  to good order and 
discipline.  She had  two  Articles  15; assaulting  another  female  airman,  damaging  government property, 
disorderly conduct, failure to obey a lawful order, disrespect to a noncommissioned  officer in the execution 
of his  duties, and  resisting  arrest.  These  incidents  occurred June  1999 and  May  2000.  The record  also 
disclosed  that  applicant  had  previously  participated  in alcohol  rehabilitation  programs  in  1997 and  1998, 
and in  1998 had been diagnosed with an adjustment disorder with depressed mood after an over-the-counter 
In  1997  she  sought  entry  into  an  anger 
medication  overdose  that  required  emergency  treatment. 
management  class after two  alcohol-related  incidents resulted  in  fights and police being  called.  In  1999, 
member was again evaluated and diagnosed with a personality disorder which  interfered with her ability to 
function in the  military.  Although  so diagnosed,  this was not  used  as a basis  for discharge and  was not 
required to be in light of her misconduct, which formed a more appropriate basis for the discharge.  At the 
time  of the  discharge, member  consulted  counsel  and  waived  her right  to  submit  a  statement  in  her  own 
behalf.  The Board  noted  member was given several opportunities to correct her behavior but  was  either 
unwilling  or unable  to do so.  Because member was responsible for her actions, she was held accountable 
for them.  The Board found nothing during the course of the record review regarding her sexual orientation 
and  so  found  no  merit  in  her  contention.  There  was  no  inequity  or  impropriety  on  which  to  base  an 
upgrade, thus the characterization of service was deemed appropriate in view of the repeated misconduct. 

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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Barksdale AFB, LA on 17 Jul 
00 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: 4 Sep 74.  Enlmt Age: 21 5/12.  Disch Age: 25 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-90,  E-36,  G-57,  M-31. PAFSC: 2S051 -  Supply Management 
Journeyman. DAS: 4 Jul 98. 

b.  Prior Sv: (1) AFRes 27 Feb 96 -  20 Mar 96  (23 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Arnn  21 Mar 96 for 4 yrs.  Extended 16 Jul 99 for 12 months. 
Extended 8 Oct 97 for 11 months.  (Two extensions missing from file) Svd: 4 Yrs 3 
Mo 27 Das, all AMS. 

b.  Grade Status:  A1C  -  30 Jun 00  (Article 15, 30 Jun 00) 

SrA-(EPR Indicates): 22 Dec 98 -  15 Sep 99. 
A1C -  21 Jan 97 

c.  Time Lost:  None. 

i ng 
a 

d.  Art 15's:  (1) 30 Jun 00, Kadena AB, Japan 
received a lawful order from 
noncommissioned officer, the 
noncommissioned officer, to produce ybur identification 
card, and order which it was your duty to obey, did, on 
or about 20 May 00, willfully disobey the same.  Article 
95.  You, on or about 
language toward TSgt 
officer, then known by you to beVa'superior 
noncommissioned officer, who was then- in the execution 
of his office, by calling him a "Fucking prick" and 
"Fucking idiot," or words to that effect.  Article 134. 
You did  on or about 20 May 00, resist being apprehended 
by TSgt 
person authorized to apprehend you.  You were, on or 
about 20 May 00, drunk and disorderly, which conduct was 
of a nature to bring discredit upon the armed forces. 
Reduction to AlC, forfeiture of $400.00 pay per month 
for 2 months, and 30 days extra duty.  (No appeal)  (No 
mitigation) 

an armed forces policeman, a 

disrespectful in 

a noncommissioned 

(2) 25 Aug 99, Kadena AB, Japan -  Article 108.  You did, on 
or about 26 Jun 99, without authority, willfully suffer 
Building 158, Room 110, military property of the United 
States, to be damaged through impacts to the wall, the 
amount of said damage being of some value.  Article 128 
You did, on or about 26 Jun 99, assault A1C 
-by 
grabbing her around the neck and 
your hands and by slamming her finger in a door. 
Article 134.  You were, on or about 26 Jun 99, 
disorderly which conduct was of a nature to bring 
discredit upon the armed forces.  Forfeiture of $300.00 
pay and 15 days extra duty. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 21 Mar 96 -  20 Nov 97  Grand Forks AFB  4  (Initial) 

21 Nov 97 -  21 Dec 98  Kadena AB  5  (Annual) 
22 Dec 98, -  15 Sep 99  Kadena AB  3  (CRO) REF 
16 Sep 99 -  15 Jan 00  Kadena AB  3  (Cmdr Dir) 

h.  Awards &  Decs:  AFOUA, AFGCM, HSM, AFLSAR, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (4) Mos  (21) Das 
TAMS:  (4) Yrs  (3) Mos  (27) Das 

4 .   BASIS  ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Apr 04. 

(Change Discharge to Honorable) 

Issue 1:  I feel I was treated unfairly and purposely targeted due to 

suspicion or questions regarding my sexual orientation. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

FROM:  1 8 MXS/CC 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending  your  involuntary discharge fiom  the  United  States Air  Force  for  Pattern  of 
Misconduct - Conduct Prejudicial to Good Order and Discipline.  The authority for my recommendation 
is  AFPD  36-32  and  AFI  36-3208,  paragraph  5.50.2.  If  my  recommendation  is  approved, then  your 
service will be characterized as under honorable conditions (general) discharge. 

2.  My specific reasons for this action are: 

a.  On or about 26 Jun 99, you did, without proper authority, willhlly 

in Building 158, Room  110.  On or about 26 Jun 99, you did  assault AIC 
her around the neck and head with your hands and by slamming her frnger in a door.  On or about 26 Jun 
99, you  did  conduct yourself in a disorderly manner.  As a result,  you received  nonjudicial  punishment 
pursuant to Article 15, UCMJ, on 25 Aug 99.  Punishment consisted of forfeiture of $300.00 pay and  15 
days  extra  duty.  An  Unfavorable Information File  was  established on  30 Aug  99,  and a copy of the 
Article 15 was placed in the UIF (Tab 1 - 1). 

b.  On or about 20 May 00, you di 
a Air Base, Okinawa, Japan, willfully disobey a 
lawful order from Technical Sergeant 
to produce your identification card.  You did, on 
1 language towards 
or about 20 May 0 
near Kad 
awa,  Japan,  use disr 
You  were,  on  or 
and resisted apprehension by  Technical Sergeant 
Technical  Sergean 
about 20 May 00, at or near Kadena Air Base, Okinawa, Japan, drunk and disorderly.  As a result, you 
received nonjudicial punishment pursuant to Article 15, UCMJ, on 30 Jun  00.  Punishment consisted of a 
reduction to the grade of airman first class, with  a new date of rank of 30 Jun  00, forfeiture of $400.00 
pay  per month  for two months, and  30 days extra duty.  A copy of the Article  15 was placed  in  your 
existing UIF (Tab 1-2). 

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, then you will be ineligible for reenlistment in the Air 
Force. 

4.  You have the right to consult counsel. 
made  an  appointment  for  you  to  consult 
Building  1460 on 
expense. 

] 

at 

n obtained to assist you.  I have 
t  the  Area  Defense  Counsel  at 
It  civilian  counsel at  your  own 

5.  You  have  the  right  to  submit  statements on  your  own behalf.  Any  statements that you  want  the 
separation authority to consider must reach me  by  1 7  joI  00  unless you  request and  receive an 
extension -for good cause shown.  I will send any statements that you provide to the separation authority 
for his consideration. 

6.  If you fail to exercise your rights to either consult counsel or to submit statements on your own behalf, 
then your failure will constitute a waiver of these rights. 

7. You have  been  scheduled for a medical examination.  You  must report to the Physical Examination 
Section, 18th Medical Group, Kadena AB, Japan at  @L5 

on  /a Ad/  40  for the examination. 

8,  Any personal information that you furnish in rebuttal to this discharge action will be governed by the 
Privacy Act  of 1974.  A copy of AFI 36-3208 is  available for your use at the Area  Defense Counsel's 
office. 

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

Commander, 18th Maintenance Squadron 

Attachments: 
1.  AFForm 3070; AF Form  1137 
2.  AF Form 3070; AF Form 1 137 
3.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or Bonuses 
4.  Airman's Receipt of Notification Memorandum