L 
~ A M E  OF SERVICE MEMBER (LAST, FlRST h1IDDLE INITIAL) 
-. 

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x 

PERSONAL APPEARANCE 

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T V P E  GEN 
COUmEL 

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YES 

No 
X 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

AB  = 

I  RECORD REVIEW 

A FSNISSAN 

N 4 M E O F  COUNSEL AND OR ORGAhLZATlON 

ADDRESS A N D O R  ORGANUATION OF COUNSEL 

MEMBER SITTING 

YOT1E ,OF 'THE BOARD 

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-- 

UOTHC 

HON 

GEN 

OTHER 

DENY 

X 

X 

X 

X 

INDEX  NUMBER 

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A67.10 

1 

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EXHIBITS SUBMImED TO THE BOARD 

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ORDER APPOPJTING THE BOARD 
APPLICATION  FOR  REVIEW O F  DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  (  BRIEF OF PERSONNEL FILE 

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HEARING  DATE 

CASE NUMBER 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDMG OF PERSONAL APPEARANCE 

APWCANT'S ISSUE AM) THE BOARD'S DECISIONAL R A T I O N M  ARE MSCWSED ON W E  ATTAULED AIR FORCE DIS,CHHARG REVIEW BOARD DECISIONAL RATIONALE 

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I Case heard  at Washington, D.C. 

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Advise applicant of the decision of the Board 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. 

THOMAS E. HAMMEN, COL, USAF 
- 
TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SIC  ATURE O F B O A R g   RFSID  NT 

(!$4%&!8,,  do& 

VENETIA E. 

L&''.//i-, 
, COL, USAF 

JNDORSEMENT 

DATE:  3f29R005 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING. 3RD FLOOR 
ANDREWS  AFB,MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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'. 

AIR FORCE DISCHARGE M V I E W  BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00468 

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

The applicant appeared before the Discharge Review Board (DRB) on 29 March 2005. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code 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 too harsh.  The records indicated  the 
applicant  received  an Article  15 and three Letters of Reprimand  for various  acts of misconduct  to include 
failure to go; writing a bad check; driving without a valid driver's  license; dereliction of duty; and misuse of 
a government computer.  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 AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr F.E. Warren AFB, WY on 23 Feb 
96 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Jan 77.  Enlmt Age: 17 3/12.  Disch Age: 19 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-68,  E-40,  G-41,  M-34. PAFSC: 3P031 -  Security Police Apprentice. 
DAS: 24 Feb 95. 

b.  Prior Sv: (1) AFRes 23 May 94 -  12 Oct 94 (4 months 20 days) (Inactive) . 

3.  SERVICE UNDER RFVIEW: 

a.  Enlisted as AB  13 Oct 94 for 4 yrs. Svd: 1 Yrs 4 Mo 11 Das, all AMS. 

b.  Grade Status:  AB -  26 Jan 96 (Article 15, 26 Jan 96) 

A m  -  13 Apr 95 

c.  Time Lost:  None. 

, a certain check, in words 

d.  Art 15's:  (1) 26 Jan 96, F.E. Warren AFB, WY -  Article 86.  You did, 
on or about 8 Jan 96, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Article 92.  You did, on or about 1 Nov 95, make and 
utter to 
and figures as follows, to wit:  Check Number 179, in 
the amount of $50.00, dated 1 Nov 95, in payment of a 
debt, and did thereafter dishonorably fail to maintain 
sufficient funds in the Warren Federal Credit Union for 
payment of such check in full upon its presentment for 
payment.  Article 134.  You did, between on or about 1 
Sep 95 to on or about 15 Sep 95, fail to obey a lawful 
general regulation, to wit:  AFR 125-14, Motor Vehicle 
Traffic Supervision, Chapter 2-1, Paragraph 3b, by 
wrongfully driving without a valid drivers license. 
Reduction to AB.  Forfeiture of $100.00 pay per month 
for 2 months, and 30 days extra duty. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 08 JUN 95 -  Failure to go. 

LOR, 26 MAY 95 -  Dereliction of duty. 
LOR, 18 MAY 95 -  Misuse of government computer and 

disobeying orders from commissioned and 

noncommissioned officers. 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (1) Yrs  ( 9 )   MOS  (1) Das 

TAMS: (1) YrS  (4) M0s  (11) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Nov 04. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  I was young and never far from home.  I was also endering (sic) 

sexual harrasment that wasn't being delt with by my supervisor.  They were 
supposed to cross-train me and never did.  I was working in the dorm where I 
resided.  I was also pregnet  (sic) and dealing with problems as far as that was 
concerned. 

I wanted to retrain and finish my term until I found out that my  separation code 
and reentry codes were negative. 

ATCH 
1. DD Form 214. 

90TH MISSILE WING (AFSPACECOM) 

FROM:  3 19 MS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation is approved, your service will be characterized as honorable, general, or 
under other than honorable conditions. I am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

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a.  On or about 8 Jan 96, you failed to go at the time prescribed to your appointed place of 

duty.  You received Article 15 punishment on 26 Jan 96. 

b.  On or about 1 Nov 95, you wrote a check to another military member and failed to 

maintain sufficient funds in your bank account.  You received Article 15 punishment on 26 Jan 
96. 

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

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c.  Between on or about 1 Sep 95 to on or about 15 Sep 95, you.failed to obey a lawfd 
general regulation by driving without a drivers license.  You received Article 15 punishment on 
26 Jan 96. 

d.  On or about 30 May 95, you failed to go at the time prescribed to your appointed place 

of duty.  You were placed on a control roster on 14 June 95 and you received a Letter of 
Reprimand (LOR) on 8 Jun 95. 

e.  On or about 24 May 95, you were tasked to clean a Government vehicle.  For the 

purpose of avoiding this duty you feigned chest pains on two occasions.  On each occasion you 
were taken for a medical assessment and returned back to duty with no restrictions.  An 
Unfavorable Information File (UIF) was established on 2 Jun 95 and you received a LOR on 
26 May 95. 

f.  Between on or about 16 May 95 to on or about 18 May 95, you disobeyed orders given 

to you by a commissioned officer and by two noncommissioned officers, to refrain fiom using 
government computers for other than official business.  You received a Letter of Reprimand 
(LOR) on 18 May 95. 

GUARDIANS OF THE  HIGH FRONTIER 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special courts-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. 

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 
,fl,fi  FEE  !jj6 
Office, Bldg 292, ext 3248, on 
counsel at your own expense. 

at  0 9 o o  . You may consult civilian 

of the Area Defense Counsel's 

I , 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reac 
notification memorandum, that date being 
extension for good cause shown.  I will send any statements you submit to the separation 
authority for his consideration. 

1996'  unless you request and receive an 

e within three workdays after receipt of the 

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.  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 your squadron orderly room. 

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

Attachments: 
1.  AF Form 3070 wIAtch, dtd 26 Jan 96 
2.  AF Form 1058 wIAtch LOR, dtd 8 Jun 95 
3.  AF Form 1058 wIAtch  LOR, dtd 26 May 95 & Rebuttal dtd 1 Jun 95 
4.  LOR, dtd 18 May 95