AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
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HEARING DATE 

CASE NUMBER 

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

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

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19 Apr 2005 
APYLICANT'SJSW  AND ?HE BOARD'S DECISLO@ALI RATIONAL ARE  DISCUSSPD ONTHE ATTACHED AIR E;Q&C4 DISCHAROC REVEW B O A R D ~ C I S ~ O ~  

FD-2004-00488 

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Case heard at Washington, D.C. 

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. 

I  + CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 

TO. 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I  FROM: 

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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 

FD-2004-00488 

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

The applicant appeared and testified before the Discharge Review Board (DRB), with 
AFB on 19 Apr 2005. The following witness also testified on the applicant's behalf: Mr. 
applicant's personal fhend. 

The following additional exhibits 
Exhibit #5: Affidavit from 
Exhibit #6: 2 Character reference letters 

at the hearing: 

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

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety or  inequity  that  would justify  a  change  of  discharge.  However, based  upon  the  record  and 
evidence provided by the applicant, the Board finds the applicant's  reason was too harsh and that authority 
for discharge should be changed. 

ISSUE:  Applicant contends that her discharge was "inequitable because it was based on one incident" and 
did not take into account the 3 years and 7 months of unblemished performance.  The records indicated the 
applicant received  one  Article  15, with  at  least  three  specifications,  one  Letter  of  Counseling,  and  one 
Memorandum  for  Record  for  a  missed  medical  appointment.  The  applicant  was  assigned  to  the  377th 
Comptroller  Squadron,  at  Kirland  AFB,  New  Mexico,  with  duties  that  included  reviewing  TDY  travel 
voucher claims.  The critical act of misconduct that resulted in the applicant's discharge revolves around her 
submission of  a claim  for  lodging expenses, along with  a  lost-receipt document, utilized  by persons who 
have either misplaced or lost their proof of payment for authorized lodging.  The record reflects the applicant 
shared  quarters  with  a  male  individual,  allegedly  neither  a  boyfriend  nor  a  family  member  (which  is 
otherwise prohibited), for the duration of her TDY.  The applicant also claimed that she paid the individual 
for  her  lodging  expenses.  A  signed  affidavit  from  the  lessee  of  the  quarters was  submitted  in  evidence 
before the discharge  authority and the DRB, indicating the  applicant indeed made  financial restitution for 
lodging.  Upon  returning  from her  TDY  location  and  filing  the  claim  for  reimbursement,  the  applicant's 
claim  was  audited,  as  is  normal  policy  for  member's  of  her  organization.  When  confronted  by  her 
supervisory chain, the applicant confessed to her misdeeds, but indicated she had often given out lost-receipt 
forms to many customers in the performance of her duties, and found no harm in utilizing the document for 
herself (although regretfully in retrospect).  In the applicant's  case she was indeed attending an  authorized 
TDY  and  was  authorized  to  live  in  other  than  base  quarters  due  to  non-availability  of  on  base  lodging 
facilities.  The  Board  considered  the  seriousness  of  the  offense,  as  a  finance  official,  her  commander's 
expressed regret for her departure from the unit following her approval for cross-training, her demonstrated 
performance over 3 years and 7 months before (includes Airman of the Quarter) and following her discharge 
(now financial manager for a major corporation) and concluded the misconduct was a significant departure 
from the applicant's  demonstrated work  ethic and performance record for the years  and months preceding 
her  acts  of  misconduct  and  since  her  discharge.  The  DRB  found  the  characterization  of  the  discharge 
received by the applicant to be inappropriate. 

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. 

However, in view of the foregoing findings the Board finds the applicant's  discharge was too harsh and that 
the overall quality of her service is more accurately reflected  by an Honorable discharge.  The applicant's 
reason for discharge should also be changed to  Secretarial authority, under the provisions  of Title  10, USC 
1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEN BOARD 

ANDREWS - AFB,  MD 

(Former SRA) (HGH SRA) 

1.  MATTER UNDER REVIEN:  Appl rec'd  a GEN Disch fr Kirtland AFB, NM  on 26 May 04 
UP AFI 36-3208, para 5.52 (Pattern of Misconduct -  Commission of a Serious 
Offense.  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Aug 78.  Enlmt Age: 21 3/12.  Disch Age: 25 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-89,  E-75,  G-82, M-78. PAFSC: 6F051 - Financial Management t 
Comptroller. DAS: 13 Jul 00. 

b.  Prior Sv: (1) AFRes 1 Nov 99 - 25 Jan 00 (2 months 25 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 26 Jan 00 for 4 yrs.  Svd: 4 Yrs 4 Mo 01 Das, all AMS. 
b.  Grade Status:  A1C -  24 Feb 04 -  (Art 15 dtd 24 Feb 04) 

SrA -  26 May 02 

c.  Time Lost:  None. 
d.  Art 15,s:  (1) 24 Feb 04, Kirtland AFB, NM  -  Article 107. You, did, 

with intent to dece 
an official statem 
from a friend named 

intent to deceive, make to 

an official statement, to wit: 
ok in renters without a lease 

or ab 
Ma j or 
the a 
for rent paid up front and you paid that rent to the 
apartment complex, or words to that affect, which 
statement was false in that you did not pay rent to the 
apartment, and that the apartment does not accept rent 
without a lease, and was then known by you to be so 
false.  You d 
make to Major 
to wit:  You 
to that affec 
was then known to you to be so false.  You did, on or 
ith intent to deceive, make to Major 
an official statement, to wit:  You 
are paper receipts like those bought 
at Wal-mart but you didn't know where they were, they 
were lost with the non-availability statement, or words 
to that affect, which statement was totally false, and 
was then known by you to be so false.  You did, on or 

ntent to deceive, 
ficial statement, 
for rent, or words 
otally false, and 

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your rent up front, or words to that affect, which 
statement was totally false, and was then known by you 
to be so false.  Article 132.  You, for the purpose of 
obtaining the approval, allowance, and payment, of a 
claim against the United States in the amount of about 
$1992.00, did, on or about 20 Oct 03, make and use a 
certain writing, to wit:  Air Force Materiel Command 
Form 218, Lost Receipt ,form, which said writing, as you 
then knew, contained a statement that you lost your 
receipt for lodging from Beach View Apartments, which 
statement was false and fraudulent in that you never 
received a receipt from Beach View Apartments, and was 
then known by you to be false and fraudulent.  You, did, 
on or about 26 Oct 03, by presenting a voucher to 2Lt 

an officer of the United States duly 

ve and pay such claim, present for 
approval and payment a claim against the United States 
in the amount of about $1992.00 for lodging expenses 
during your temporary duty to Keesler AFB MS, which 
claim was false and fraudulent in the amount of about 
$1992.00 in that you were not entitled to reimbursement 
while living with a friend, and was then known by you to 
be false and fraudulent.  Reduction to AlC.  Forfeiture 
of $250.00 pay per month for 2 months.  (~ppeal/~enied) 
(No mitigation) 

e.  Additional: LOCI 2 APR 02 -  Provoking speech and gestures; 
Insubordinate conduct towards a 
noncommissioned officer; Disrespect 
toward a superior commissioned officer. 

MFR, 5 Aug 02 -  Missed Medical Appointment. 

f.  CM:  None. 
g.  Record of SV: 26 Jan 00 -  31 Aug 01  Kirtland AFB, NM  5  (HAF Dir) 
01 Sep 01 - 31 Aug 02  Kirtland AFB, NM  5  (Annual) 
01 Sep 02 - 31 Aug 03  Kirtland AFB, NM  4  (Annual 

h.  Awards &  Decs:  AFTR, NDSM, AFLSA, AFGCM. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (6) Mos  (26) Das 
TAMS: (4) Yrs  (4) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Dec 04 

(Change Discharge to Honorable) 

Issue 1:  ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Brief 
2.  Response to Notification of Investigation of Lodging Reimbursement. 
3.  ART 15, dated 24 Feb 04. 
4.  Discharge documentation. 
5.  Letter of Counseling, dated 2 Apr 02. 
6.  Memorandum for Missed Medical Appointment, dated 5 Aug 02. 
7.  Ten Character References. 
8.  Four Letter of Appreciation. 
9.  Certificate for Quarterly Award Nominee. 
10. Performance Feedback Worksheet. 
11. Registration Form for Continuing Education. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

f i r m  Approved 
OMB NO. 0704-0004 
Expires Aug 3 1 , 2 0 0 6  

The  public reporthg burhn tor this collection of information is estimated to wango  30 minutes pu nsponse, including the time tor  m n h g  inttructbns. maarching existing dam SOUrc*S. 
gathering and mmnnining t h  data nwded, and completing and revbm'ng the col.ction of hfomution.  Send comments regarding mi.  burden estimata or  m y  0 t h  arpnt of mi8 Collection 
for Information Oprdons n d  Repom (07040004). 
of intormation.  lnluding 8ugg.btions for reducing the burden, 0 Deprcment of  b f e n u ,  W d h g b n  Headquarters Servius.  Dl-rn 
1216 Jefferson Davis Highway,  Suite 1204, Arlinqton, VA  22202-4302.  Respondem should  be mu* that notwithstanding any o h  provlsbn of law, no pnsm shall b*  subject 0 my 
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PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 

AUTHORITY:  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or  reason for military discharge issued to an indvidual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary; however, failure to provide identifying information may impede processing of this application.  The request for 
Social Secuntv Number is strictlv to assure orooer identification of the individual and aoorooriate records. 

PRIVACY ACT STATEMENT 

, Kirtland AFB, NM 

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Pa  e 3.1 

1 6.  ISSUES:  WHY AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in hem  14.  Sea instructions on  1 
My discharge i s  unequitable because it w a s  boased on one sole incident that occured 3 years 7 months into my enlistment.  The 
incident leading to my discharge happened while crosstraining into 3COX1.  I had extended for 24 months to qualify for the 
crosstrain.  The i n v e s t i g a t i o n  and discharge lasted 2 months into my extention period.  The incident d i s q u a l i f i e d  me for  my previous 
career field or the new career f i e l d  My commander chose to discharge me due to m i s c o n d u c t .   I have received an Article 15 for  the 
. 

7. (X if applicable) AN APPLICATION WAS PRMOUSLY SUBMIlTED ON IYYWMMDDI 

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AND THIS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

If nu7ita1-y documents or medical records are relevant to your  case, please d copies.] 

8.  IN SUPPORT OF THlS APPLICATION.  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item  17. 
AF Form 3070,  dated 17 Feb 04,  and response letter 
AF Form 3070,  dated 24 Feb 04,  and response package 
Memorandum for 377 MSGICC with backup documentation and response letter 

9.  TYPE OF REVIEW REQUESTED [X one) 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITED BY ME.  I ANDIOR (counseVrepresentative1 WILL NOT APPEAR BEFORE THE BOARD. 
I ANDIOR (wunseVreprarentative1 WlSH TO APPEAR AT A HEARING A T  NO EXPENSE TO THE QOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  D.C.  MOROPOLITAN AREA. 
I AND/OR ImunseUmoresentativel WlSH TO APPEAR A T  A  HEARING A T  NO EXPENSE TO THE GOVERNMENT BEFORE A  TRAVELING PANEL CLOSEST TO 
I (enter city and sfatel' 
(NOTE:  The Navy Discharge Review Board does not have a traveling panel.1 

10.a.  COUNSELIREPRESENTAUVE (If any1 NAME (Last, First.  Middle Iniris) AND ADDRESS  I b.  TELEPHONE NUMBER (Include Area Codel 

(See hem  10 of the insfructions about ~ o ~ n s d r e ~ r e s e n t a t i ~ e . 1  

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c.  E-MAIL 

d.  FAX NUMBER (Include Area Code) 

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14. CONTINUATI.0N  OF ITEM 6. ISSUES (If app/icable) 
misconduct.  I could not cancel my extention due to regulations.  I never considered the possibility that my previous service would 
have no bearing on my discharge.  I believe that I earned an honorable discharge and should receive this discharge.  I would just 
like to move forward in the civilian world using the core values still ingrained in me.  This discharge I have does not allow me to 
move forward.  I made one mistake that I am paying for with a less than honorable discharge.  Please upgrade my discharge.  I 
loved my s e ~ c e  

in the Air Force and would like to be able to be proud of my service.  Thank you. 

16. CONTINUATION OF ITEM 8,  SUPPORTING DOCUMENTS (If applicable) 

16. REMARKS llf applicable) 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St.  Louis, MO  63132-5200 
(See http:llarba.army.pentagon.mil) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 4 0  
Randolph AFB,  TX  78 150-4742 

DD FORM 293, AUG 2003 

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NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 (NDRBI 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S.  Coast Guard 
~ommandant'(G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

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Page 2 of 4 Pages 

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DEPARTMENT OF THE AIR FORCE 

377TH COMPTROLLER SQUADRON (AFMC) ' 
KIRTLAND AJR  FORCE BASE NEW MEMCO 

MEMORANDUMFOR A1 

FROM:  377 CP.TS/CC 

SUBJECT:  Notification Memorandum 

L % o)' 

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1.  I am recommending your discharge £tom the United States Air Force for misconduct, 
specifically commission of a serious offense.  The authority for this action is AFPD 36-32, 
Military Retirements and Separations (1 4 Jul93) and Am 36-3208, Administrative separ&on  of 
Airmen, paragraph 5.52, (28 May 03).  If my recommendation is approved, your service will be 
characterized as Honorable or General (Under Honorable Conditions).  I am recommending that 
your-service be characterized as General (Under Honorable Conditions). 

2.  My reasons for this action are that on 24 Feb 04, you received punishment under Article 15, 
UCMJ, (Atch A) for the following: 

a. Violation of Article 107 (False Official Statement) for stating the foll~wing to me: 

(1)  "The apartment complex took in renter's without a lease for rent paid up front md I' 
paid that rent to the apartment complex;"  or words.to that affect, which statement was false in 
that you did not pay rent to the apartment, and that the apartment does not accept rent without a 
lease; 

(2)  "I did not p 

totally false; 

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r rent,"  or words to that affect, which statement was  . 

(3)  "I received small square paper receipts like those bought at WalMpt but I don't h o w  

where they are.'. . they are lost with the non-availability statemeilts," or words to that gffect, 
which statement was totally false; and 

(4)  "I borrowed $400.00 £tom a fiiend name 

words to fhat affect, which statementwas totally false. 

pay my rent up front,"  or 

All of the above statements were totally false and they were then known by you to be totally 
false; and 

b.  Violation of Article 134 (Fraudulent Claim) for claiming the following lodging costs 

despite having stayed with a friend while assigned to Temporary Duty at Keesler Air Force Base, 
Mississippi: 

(1) Approval, allowance, and payment, of a claim against the United States in the amount 

of $1,992.00 for alleged lodging costs fiom the Beach View Apartments, through the use of 
AFMC Form 218, Lost Receipt Fonn, in which you represented  that you lost your receipt for 
lodging fiom Beach View Apartments, when in fact you never had a receipt fiom Beach View 

.  Apartments;and 

(2)  Approval, allowance, and payment, of a claim against the United States in the .amount 
ts fiom h e  Beach View Apartments through presentation of 
an officer of the United States duly authorized to approve 
t entitled to reimbursement while living with a friend. 

The above claims were false and huddent and then known by you to be false and fi-audulent. 

.  . 

3.  In recommending your characterization of service, I am also considering the following 
information: 

Apr 02, you were disrespectful toward SSgt 
en you were approached regarding ch'ange 

Computation section.  For your actions, you received a Letter of Coveling (1;OC)  dated 
2 Apr 02.  (Atch B); and 

b.  On or about 2 Jul02, you missed a scheduled PHA appointment.  (Atch C) 

< 

4. Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The conimander exercisipg SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or ietained 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, bonuses, or education assistance funds may 
be. subject to recoupment. 

5.  You have the right to consult counsel.  Military legal counsel will be obtained to assist you. 
The legal office will make an appointment for 
may consult civilian counsel at your own expense. 

to consult with an area defense counsel.  You 

6.  You have the right to submit statements on your own behalf.  Any statements that you want 
the separation authority to consider must reach me within 3 workdays fi-om today unless you 
request and receive an extension.  I will forward any timely written statements to the separation 
authority. 

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7.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

-8. The Legal Office will obtain a mandatory medical examination for you at the 377th Medical 
Group (Family Practice). 

9.  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 unit orderly room or at the Area Defense 
Counsel's office, located at building 20361,  8201 K Skeet, Kirtland AFB, NM  871 17. 

10. Complete the attached Receipt of Notification Memorandum and return it to me immediately. 

Commander 

Attachments: 
A:  Art 15, UCMJ, dated 24 Feb 04 
B.  LOC, dated 2 Apr 02 
C.  MFR, dated 5 Aug 02 
D.  Receipt of Notification Memorandum