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AF | DRB | CY2005 | FD2005-00095
Original file (FD2005-00095.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

ERSONAL APPEARANCE 

RECORD REVIEW 

MEMBER SITTING 

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

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

TAPE RECORDlNG OF PERSONAL APPEARANCE 

HEARING DATE 
23 Sep 2005 

CASE NUMBER 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witldwithout 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: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REMEW BOARD 
I535 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-2005-00095 

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 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 her discharge was inequitable because it was too harsh.  The records indicated 
the applicant received an Article 15, two Letters of Reprimand, one Letter of Counseling, and twenty-three 
AETC  FM  341s  for  misconduct.  The  misconduct  included  leaving  duty  without  authority, a  security 
violation, failed room inspection, room left unsecured, late to formation, missed formations, phase violation, 
dereliction of duty, late to casual, late to formation, missed PRT, left detail without permission, not in room 
for phase checks, unprofessional  behavior, smoking in uniform, and underage drinking. 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 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH AlC) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Goodfellow AFB, TX on 7 Oct 
04 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 2 Jan 85.  Enlmt Age: 17 10/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-70,  G-72,  M-61. PAFSC: IN411 - Signal Intel Analysis 
Helper. DAS : 29 Sep 03 . 

b.  Prior Sv: (1) AFRes 25 Nov 02 -  11 Aug 03  (8 months 18 days) (~nactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  12 Aug 03 for 6 yrs. Svd: 1 Yrs 1 Mo 26 Das, a11 AMS. 

b.  Grade Status:  A1C -  26 Sep 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Mar 04, Goodfellow AFB, TX -  Article 134.  You did, 

at or near Burnet, Texas, between on or about 17 Jan 04 
and on or about 19 Jan 04, wrongfully possess an 
alcoholic beverage while a minor, in violation of Texas 
Alcoholic Beverage Code Annotated, Section 106.05, which 
conduct was to the prejudice of good order and 
discipline in the armed forces.  Suspended reduction'to 
Airman.  Thirty days correctional custody, and a 
reprimand. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 27 AUG 04 -  Failure to report to Physical Readiness 

Training (PRT) . 

AETC 341, 25 AUG 04 -  Smoking in uniform. 
LOR, 19 AUG 04 -  Failure to report to mandatory formation. 
AETC 341, 19 AUG 04 -  Missed formation. 
AETC 341, 18 AUG 04 -  Missed formation. 
LOCI 18 AUG 04 -  Failure to report to PRT. 
AETC 341, 17 AUG 04 -  Phase violation. 
AETC 341, 15 AUG 04 -  Unprofessional behavor. 
AETC 341, 15 AUG 04 -  Not in room for Phase checks. 
AETC 341, 29 JUL 04 -  Late to formation. 
AETC 341, 28 JUL 04 -  Late to formation. 
AETC 341, 13 JUL 04 -  Left detail without permission. ' 
AETC 341. 04 JUL 04 -  Late to formation. 

AETC 341, 25 JUN 04 -  Missed PRT. 
AETC 341, 25 JUN 04 -  Late to formation. 
AETC 341, 25 JUN 04 -  Late to formation. 
AETC 341, 17 JUN 04 -  Late to casual. 
AETC 341, 14 JUN 04 -  Dereliction of duty. 
AETC 341, 08 JUN 04 -  Room failure. 
AETC 341, 04 MAY 04 -  Phase violation. 
AETC 341, 26 APR 04 -  Missed formation. 
AETC 341, 12 APR 04 -  Late to formation. 
AETC 341, 07 APR 04 -  Late to formation. 
AETC 341, 12 MAR  04 -  Room messy and left unsecured. 
AETC 341, 19 FEB 04 -  Security violation. 
AETC 341, 19 FEB 04 -  Left duty without authority. 

f.  CM:  None. 

i 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (1) Yrs  (10) Mos  (13) Das 

TAMS:  (1) Yrs  (1) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Apr 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 149. 

To:  Air Force Review Board 

Date:  April 21,2005 

Subject: Personal Statement 

I am writing this as a brief explanation of the unfair treatment that I received 

while I was a member of the United States Air Force, and as a request to have my 
discharge upgraded to an Honorable discharge because I feel this is what I deserve. 
Thank you for taking the time to review the following. 

I entered the military on August 12,2003, with every intention of completing my 
fill six year term of enlistment. I went into the intelligence field because my intentions 
were to work for the Central Intelligence Agency after my term was completed. Shortly 
after I received my interim clearance and began class, I knew I had made the right 
decision. I enjoyed my job very much as well as enjoyed being a member of the Air 
Force. Being in the intelligence 'training was stressfid and difficult but I managed to 
maintain a 98% average in the course, at the top of my class, which I was very proud of. 
Unfortunately during the weekend of January 17&, 2004, myself and 12 other military 
members made a very bad mistake. We went on a camping trip in which there was 
underage drinking involved. Shortly after, word got back to my chain of command about 
the camping trip and we all received ATticre 15's  fir underage drln%ing. Part of my 
punishment was 30 days of Correctional Custody which I entered aIso with every 
intention of completing. On the third day I was in CC, they held a search of the entire 
facility including everyone's person. When I was searched, the Special Forces Officer 
found a "flake"  of tobacco in my BDU pocket Prior to entering CC, I had been a smoker 
and this flake that was found must have fallen out of a cigarette pack and was wrapped in 
with my pocket lint. I was removed fiom the Correctional Custody Program and told that 
I would be discharged for failure to complete the program. After months of trying to 
make my chain of command understand my story and realize that it was not a significant 
amount of tobacco that could be used,'but only a small flake, they withheld the discharge 
packet. I was promised by my commander at this point that he would have me back in 
class as soon as possible. A month later, I was told that they still had not put me back in 
class because my clearance was on hold. My clearance was being investigated because of 
the discharge packet they had tried to serve me with. I did my best to stay out of trouble 
and wait for my clearance to come through once again so I could return to class. I was 
then told that they could not get my clearance back and that they were going to discharge 
me once more under Force Shaping this time, and that my discharge would be Honorable. 
After another month had passed, I was then told that my discharge could not go through 
because Force Shaping did not apply to students, and now I would be re-classed, which I 
did not want because the reason I entered the military in the first place was for my 
security clearance so that I could later work for the CIA. Over a year had passed at this 
point, and I was becoming very h t r a t e d  as I was on casual status for 8 months now and 
could not get a straight answer out of anyone in my chain of command. It was during this 

time that I began to make a few more mistakes. I missed a formation, I was late to 
physical training, and I was caught smoking in a permanent party area of the base. For all 
three of these offenses I was not issued a warning like the rest of the tech-school airmen, 
but I was given Letters of Reprimand. These three letters, plus the article 15 fiom 
Januafy, were all put into a discharge packet that I was served with. Again, I was very 
fhsbated at this point because for months my chain of command had been lying to me, 
telling me one thing and doing another, making promises to me about getting me back 
into class and never following through, along with various other issues I had with my 
chain, that I decided to accept the discharge packet to get away fiom the stress. The 
reason my chain refused to give me an Honorable discharge was because of the article 15 
that I had, even though a few months prior they were ready to give me an honorable 
knowing that I had the article. I do not feel that only getting 3 LOR'S through my 14 
month career in the military is reason to give me a general discharge. 

I wanted nothing more than to serve my country honorably, complete my term, 
and get the most out of the military as I could. My chain of command is at fault for not 
allowing me to do this. Because I had made one mistake, they took it out on me every 
day. I was treated different than the other airmen, my military training leaders were 
harassing me on a daily basis which I tried to take care of through the inspector general 
an endless amount of times but never had any success, and whether I did something 
wrong or not, I was constantly blamed for other's mistakes. I know if I had not received 
the article 15 that I fully deserved, my chain of command would never have singled me 
out the way they did, leading to my discharge. I would also like to make note that the 
other airmen that went to correctional custody with me and were able to complete it were 
put back into class within a month, and have been enjoying themselves at their first duty 
stations for quite some time. I did nothing different than these airmen who received the 
same article 15, in fact most of them were in more trouble than I was during their career 
at Goodfellow AFB. I do not thinlc it is fair that they get to complete their military 
careers, eventually ending on an honorable note, and I was not even able to get out of 
technical training with a good discharge. 

If there are any records you would like to review before making your decision on 

this matter, please let me know as I have kept a copy of everything. Thank you very 
much for your time and consideration in this matter, it is greatly appreciated. I hope that 
in the future when I apply to the Central Intelligence Agency, I will be able to present 
them with an Honorable Discharge. 

Res~ectfullv Yours. 

- 

~ ~ s - - g o o  
875 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

SEP 1 0  2004 

MEMORANDUM FOR A I C 

FROM:  3 16 TRSICC 

SUBJECT:  Notification Memorandum 

316 TRS 

1. I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Inibctions.  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 or general.  I 
am recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about 17 Jan 04 and on or about 19 Jan 04, you did wrongfblly possess an 

alcoholic beverage while a minor, at or near Burnet, Texas, in violation of Texas Alcoholic 
Beverage Code Annotated, Section 106.05, which conduct was to the prejudice of good order 
and discipline in the anned forces.  For this misconduct, you received an AJ? Form 3070 (Article 
15), dated 8 Mar 04. 

b.  On or about 18 Aug 04, you failed to report to Physical Readiness Training (PRT).  For 

this misconduct, you received a Letter of ~ouosklin~, dated 18 Aug 04. 

c.  On or about 19 Aug 04, you failed to report to a mandatory morning casual formation and 
you were found in your room.  For this misconduct, you received a Letter of Reprimand, dated 
19 Aug 04. 

d.  On or about 24 Aug 04, you failed to report to mandatory morning PRT and you were 

found sleeping in your room.  For this misconduct, you received a Letter of Reprimand, dated 
27 Aug 04. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and, if you are 
discharged, how youi 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 legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with the Goodfellow AFB, Area Defense Counsel 
on  9-@5&3 
your own expense. 

at I%@  hours in Bldg 308.  You may consult civilian counsel at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 16 Sfn 
unless you request and receive an extension for good cause khown.  I will send them to the 
separation authority. 

at @$jw hours 

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 must report to the Physical Exams Section of the clinic during walk-in hours, Monday 
through Thursday from 0730- 1530 hours, for your medical examination. 

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 Unit Orderlv Room. 

Attachments: 
1.  AF Form 3070 (Article 15), dated 8 Mar 04 
2.  Letter of Counseling, dated 18 Aug 04 
3.  Letter of Reprimand, dated 19 Aug 04 
4.  Letter of Reprimand, dated 27 Aug 04. 



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