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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

IITIAL) 

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I 

MEMBER SITTING 

ISSUES  A95.00 

I  LNDEXNUMBER  A67.90 

HEARING DATE 

16 Sep 2005 

CASE NUMBER 

FD-2005-00075 

Case heard at Washington, D.C. 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

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

\ 

SIGNANRE OF RECORDER 

I SIGNATIlRE OF* 

PRES 

TO: 

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

FROM. 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WMG, 3RD n O O R  
ANDREW'S  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-2005-00075 

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. 

The Board finds the  applicant submitted no  issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE:  The records indicated the applicant received five Letters of Reprimand, one Letter of Counseling, 
and two Records of Individual Counseling for misconduct.  Her misconduct included late for duty on 
multiple occasions, failure to obey orders, financial irresponsibility, civil arrest for driving under the 
influence, and violation of parole/probation by the State of Florida for failure to complete community service 
and committing a new crime of passing worthless checks.  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 SSGT) (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Tyndall AFB, FL UP AFI 36- 
3208, 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to Good Order and 
Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 28 Jul 72.  Enlmt Age: 18 1/12.  Disch Age: 30 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-63,  G-46,  M-34. PAFSC: 4N071 - Medical Service Technician. 
DAS: 22 Feb 99. 

b.  Prior Sv: (1) AFRes 29 Aug 90 - 30 May 91 (9 months 1 day) (~nactive). 

(2) Enlisted as AB 31 May 91 for 4 yrs.  Reenlisted as SrA 2 
Sep 94 for 6 yrs.  Svd: 9 yrs 0 months 29 days, all AMS.  AMN  -  30 Nov 91.  A1C - 
23 Oct 92.  SrA -  28 Jun 94.  SSgt -  09 Jan 99.  EPRs: 4,4,5,5,5,5,5,5. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 30 Jun 00 for 6 yrs. Svd: 2 Yrs 10 Mo 0 Das, of 

which AMS is 2 yrs 9 months 22 days  (excludes 8 days lost time). 

b.  Grade Status:  None. 

c.  Time Lost:  21 Jan 03 thru 29 Jan 03  (8 days). 

d.  Art 15's:  None. 

e.  Additional: LOR, 
LOR, 

06 MAR 03 - 
06 MAR 03 - 

LOR, 
LOR, 
LOR, 

09 JAN 03 - 
30 JUL 02 - 
10 JUL 02 - 

LOC , 
RIC, 
RIC, 

16 APR 02 - 
28 JAN 01 - 
17 JAN 01 - 

Financial irresponsibility. 
Violation of Parole/Probation by the State 
of Florida for failure to complete 
community service and committing a new 
crime of passing worthless checks. 
Failure to obey orders. 
Late for work on several occasions. 
Civil arrest for driving under the 
influence of alcohol. 
Late for work on several occasions. 
Late for duty. 
Late for duty. 

f.  CM:  None. 

g.  Record of SV: 16 Dec 99 -  31 Aug 00  Tyndall AFB  5  (CRO) 
01 Sep 00 -  04 Mar 01  Tyndall AFB  4  (CRO) 

05 Mar 01 -  04 Mar 02  Tyndall AFB  4  (Annual) 

h.  Awards &  Decs:  AFAM W/2 DEVS, NCOPMER, HSM, NDSM W/1 DEV, SWASM W/1 

DEV, AFTR, AFLSAR W/1 DEV, AFOUA W/5 DEVS, AFGCM W/2 DEVS. 

i.  Stmt of Sv:  TMS:  (12) Yrs  (7) Mos  (14) Das 

TAMS: (11) Yrs  (10) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 8 Feb 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND (AETC) 

TYNDALL AIR FORCE BASE, FLORIDA 

FROM:  325 MDOSICC 

SLTB JECT:  Notification Memorandum-Administrative  Discharge Board 

1.  I  am  recommending your  discharge  fiom  the  United  States  Air  Force  for  Misconduct; 
specifically, conduct prejudicial to good order and discipline.  The authority for this action is Air 
Force Policy Directive 36-32 and Air Force Instruction 36-3208, Chapter 5, Section H, par 5.50. 
If my recommendation is approved, your service will be characterized as honorable,  general or 
I  am  recommending  your  service  be 
under  other  than  honorable  conditions  (UOTHC). 
characterized as general. 

2.  My reasons for this action are: 

a.  As evidenced by a Letter of Reprimand (LOR), dated 6 Mar 03:  You, did, at or near 
Panama City, Florida, on divers occasions, between on or about 29 Aug 02 and on or about 6 Sep 
02, pass worthless checks.  (ATCH la) 

b.  As evidenced by a LOR, dated 6 Mar 03:  You, at or near Panama City, Florida,  on or 
about  17 Jan 03, were convicted of violating your probation by the state of Florida because you 
failed  to  complete your  community service  work  and  because  you  passed  worthless  checks. 
(ATCH lb) 

c.  As evidenced by a LOR, d 

on or about 9 Jan 03, fail to inform MS 
County Sheriffs ~epartment, although yo 
completion of the matters. (ATCH lc) 

You, did, at or near Panama City, Florida, 
on completion of legal matters with the Bay 
instructed that you needed to tell him upon 

d.  As evidenced by a LOR, dated 21 Jun 02, a Judgment and Sentence Affidavit, dated 
21 Jun  02  and  an incident report  numbered 2002-061428: You,  did,  at  or near Panama City, 
Florida,  on  or  about  8  Jun  03,  at  the  intersection  of  highway  98  and  N.  Lakewood Drive, 
physically control a vehicle, to wit:  a  1995 Chrysler Eagle while the  alcohol concentration in 
your breath was  .18 grams of alcohol per 210 liters of breath or greater as shown by chemical 
analysis. (ATCH Id) 

e.  As evidenced by a LOR, dated 30 Jul02:  You, did, at or near Tyndall Air Force Base, 
Florida, on or about on the following listed dates, 20 Jul  01,  13 May 02, 2 Jul02, 8 Jul02, 22 
Jul 02,  fail to go to your appointed place of duty at the time prescribed, to wit:  Medical Clinic 
Building 1465.  (ATCH le) 

f.  As evidenced by a LOR, dated 16 Apr 02:  You, did, at or near Tyndall Air Force Base, 
Florida,  on  or  about  on  15 Apr  02,  fail  to  go  to  your  appointed  place  of  duty at  the  time 
prescribed, to wit:  Medical Clinic Building 1465.  (ATCH 1 f )  

g.  As  evidenced by a Record of Individual Counseling (ROIC), dated 28 Jan 01:  You, 
did, at or near Tyndall Air Force Base, Florida, fail to go to the mandatory start of day and end of 
day meetings on three occasions between 14 Jan 0 1 and 28 Jan 0 1. (ATCH 1 g) 

h.  As  evidenced by a Record of Individual Counseling (ROIC), dated 17 Jan 01:  YOU, 
did, at or near Tyndall Air Force Base, Florida, fail to go to the mandatory start of day and end of 
day meetings on two occasions between 14 Jan 01 and 17 Jan 01. (ATCH lh) 

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.  If you 
are  discharged, you  will  be  ineligible for reenlistment  in the  Air  Force  and  will probably be 
denied enlistment in any component of the armed forces. 

4.  You have the right to: 

a.  Consult legal counsel; 

b.  Present your case to an administration discharge board; 

c.  Be represented by legal counsel at a board hearing; 

d.  Submit statements in your behalf in addition to, or in lieu of, the board hearing; 

e.  Waive the above rights.  You must consult legal counsel before making a decision to 
waive any of your rights. 

5.  You have the right to  submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within seven (7) workdays unless yourequest and 
receive a n  extension, i n  writing, for showing g ood c ause.  I  will s end them t o the s eparation 
authority. 

6.  Military legal counsel has been  obtained to  assist you.  An  appointment has been made for 
ea  Defense  Counsel,  Bldg.  1005  (3-2911)  at 
ur copy of this Notification Memorandum and 
t with your counsel.  Instead of the appointed 
counsel, you may have another, if the lawyer you request is in the active military service and is 
reasonably available as determined according to MI-5 1-201.  In addition to military counsel, you 
have the right to employ civilian counsel.  The Air  Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available.  If you 

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

7.  Confer with your counsel and reply, in writing, within seven (7) workdays,  specifying the 
rights you choose to exercise.  The statement must be signed in the presence of your counsel who 
also will  sign it.  If you waive your right to  a hearing before an administrative discharge board, 
you  may  submit  written  statements  in  your  own  behalf. 
I  will  send  the  statements  to  the 
discharge authority with the case file to be considered with this recommendation.  If you fail to 
respond, your failure will constitute a waiver of the right to the board hearing. 

8.  You have been scheduled for a medical records check as part of this discharge process.  YOU 
must report to the NCOIC,  Physical Examinations, Building 1465 (3-7673), Monday, Tuesday, 
Thursday or Friday between 1330 and 1500 to complete this medical records check. 

9.  You have been scheduled for a separations briefin  You must report to 325 MSSlDPMAR 
(Separations) section at 0 7di3 

on  96- 

$3 

10.  Any personal information you finish in rebuttal is covered by the Privacy Act.  A copy of 
AFI 36-3208 is available for your use in the unit personnel office. 

Attachments: 
1 a.  LOR, dated 6 Mar 03 
1 b.  LOR, dated 6 Mar 03 
1 c.  LOR, dated 17 Jan 03 
1 d.  LOR, dated 1 0 Jul02 (w/attachments) 
1 e.  LOR, dated 30 Jul02 
If.  LOC, dated 16 Apr 02 
lg.  ROIC, dated 28 Jan 01 
lh.  ROIC, dated 17 Jan 01 
2.  Airman's Receipt of Notification Memorandum