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.
AF | DRB | CY2007 | FD2006-00204
For this, you received an AETC Form 341, dated 29 Oct 03. m. On or about 1 Nov 03, you were not in your room at curfew. For this, you received an AETC Form 341, dated 12 Nov 03. r. On or about 17 Nov 03, AB 1 - - - - - - - - - - - - - - - - - - - escaped h m the base correctional custody unit in building 401. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
AF | DRB | CY2006 | FD2005-00333
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INI'l'lAI.) AETC 341, 04 APR 0 5 - Late to details three times. Letter of Admonishment, 28 Sep 04 2, AB Form 3070 (Article 15), 21 Apr 05 3.
AF | DRB | CY2005 | FD2005-00288
The records indicated the applicant received three Letters of Reprimand, three Letters of Counseling, one Memorandum for Record and nine AETC Forms 341 for various acts of misconduct to include non-compliance with Air Force standards, disobeying a direct order, failing room inspection, missing details, not having a i-lashlight in formation, failure to meet performance standards, lack of motivation, inability to follow instructions, failure to maintain accounting of materials, lack of...
AF | DRB | CY2006 | FD2006-00099
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI.) The records indicated applicant had received two Article 15's and eight AETC Form 341's for misconduct. He was driving off base during duty hours, late to formation on three separate occasions, failed room inspection, Phase 1 violation, and failure to obey a lawful order.
AF | DRB | CY2002 | FD2002-0175
Also, the applicant received a Vacation action for failure to go three times, a Letter of Reprimand for failure to obey an order and failure to go, a Letter of Admonishment for underage drinking, a Record of Individual Counseling for being late for formation, and seven AETC Form 341’s for failing his room inspection, being late for formation (3 times), failure to maintain dress and appearance, violation of dorm room security, and dereliction of duty. Attachment: Examiner's...
AF | DRB | CY2006 | FD2006-00018
The records indicated the applicant received an Article 15, one Vacation, seven Letters of Reprimand, and one Memorandum for Record for misconduct. The applicant was further disciplined with seven Letters of Reprimand for being disrespectful to a commissioned officer and student leader, breaking Phase, failure to attend mandatory formations, demonstrating a lack of military bearing and using tobacco during duty hours. B A S I S ADVANCED FOR REVIEW: Appln (DD,Fm 2 9 3 ) dtd 28 Dec...
AF | DRB | CY2003 | FD2002-0427
AIR FORCE DISCTIARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FDZ002-042, GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for his discharge, and to change his reenlistment code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AlC) 1. On or about 20 Feb 02, you failed to maintain your room as prescribed by the (Atch 1, Appendix G wlatchs) 2d Air Force...
AF | DRB | CY2003 | FD2002-0450
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0450 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code. And, he received 10 AETC Forms 341 and one Letter of Counseling for failing his dorm room inspection (8 times), needed a haircut, and violated security standards. For this you received an AETC Form 341. n. On 30 Apr 00, you were found to be in violation of curfew and were...
AF | DRB | CY2006 | FD2005-00298
'She applicant appeals for upgrade of discharge to honorable, to change the reason and The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declincd to exercise this right. Attachment: Examiner's Brief DEPARTMENT O F THE AIR FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, M D (Former AMN) (HGH A l C ) 1. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.
AF | DRB | CY2003 | FD2002-0543
If she can provide additional documented information to substantiate an issue, the applicant should consider exercising her right to make a personal appearance before the Board. SERVICE UNDER REVIEW: a. Enlisted as AB 21 Jun 01 for 6 yrs. If you are discharged.