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AF | DRB | CY2005 | FD2005-00134
Original file (FD2005-00134.pdf) Auto-classification: Denied
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NAME OF SERVICE MFMRF.R (1 A S T ,  FIRST MIDDLE INITIAL) 

GRADE 

1  AFSNJSSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
X 

I 

MEMBER SITTING 

I- 

GEN 

UOTHC 

I  OTHER 

I  DENY 

I 

-  . .  .  --  .  .  I 

VOTE OF T H E  BOhRD 

/ 

HON 

I 

- -  

INDEX Nl hlBER 

A67.10 

I 

I 

I 
EXHIBITS SUBMITTED T O  THE BOARD 

1 

I 

1  1  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR  REVIEW O F  DISCHARGE 
3 
4 

LETTER O F  NOTIFICATION 
BRIEF O F  PERSONNEL FILE 
COUNSEL'S  RELEASE T O  THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING O F  PERSONAL APPEARANCE 

1  06 Dec 2005 

CASE NUMBER 

I  FD-2005-00134 

I 

I 

APPLICANTS ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DlSCUSStD ON  TifE ATTACXED AIR  FORCE DISCHARGE REVIEW  B O A W  DECISIONAL RAT1ONN.E 

Case heard at Washington, D.C. 

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

. 

.  . . . 

. 

. 

INDOEEMENT 

. - . . . - . . - 

FROM: 

SAFJM R B R 
550 C  STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

. . . . . . . . 

.  . . . 

. 

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

DATE:  12/6/2005 

. . . . .  - 

. - 

-- 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NURIBER 

FD-2005-00134 

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

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,  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 the discharge was inequitable because it was too harsh.  The records indicated 
the applicant received  an Article  15, four Letters of Reprimand,  and  six AETC Forms  173 for misconduct. 
The misconduct  included  late  for work,  failure to mark  student  folder, failure to go, falling asleep in class, 
failure to  have  her  student  folder  filled  out  correctly,  failed  dorm  room  inspection,  left  training  without 
authorization,  and failure to report  for duty.  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 fbrther 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 Keesler AFB, MS on 25 Oct 04 
UP AFI 36-3208, para 5-49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorabl Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Jun 85.  Enlmt Age: 17 8/12.  Disch Age: 19 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-73,  G-66,  M-49. PAFSC: 4ROll -  Diagnostic Imaging Helper. 
DAS: 1 Dec 03. 

b.  Prior Sv: (1) AFRes 05 Mar 03 -  02 Jun 03  (02 Mos 29 Das)(~nactive) 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 3 Jun 03 for 4 years. Svd: 01 Yrs 04 Mo 23 Das, all AMS 

b.  Grade Status:  AB  -  01 Sep 04  (Article 15, 1 Sep 04) 

Amn -  4 Dec 03 

c.  Time Lost:  None 

d.  Art  15's:  (1) 1 Sep 04, Keesler AFB, MS  -  Article 86.  You, did, on 

or about 13 Aug 04, without authority, fail to go at the 
time prescribed to your appointed place of duty. 
Reduction to AB.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 02 AUG 05 -  Failure to pay just Debt. 

LOR/UIF, 22 JUL 04 -  Failed to report for duty. 
LOR, 20 JUL 04 -  Left training without authorization. 
LOR, 22 JUN 04 -  Failure to go on two occasion. 
AETC 173, 22 JUN 04 -  Failed dorm room inspection. 
AETC 173, 14 JUN 04 -  Failure to have her student folder 

AETC 173, 01 JUN 04 -  Falling asleep in class on numerous 

filled out correctly. 

AETC 173, 06 APR  04 -  Failure to go. 
AETC 173, 01 APR  04 -  Failure to mark her student folder 

AETC 173, 05 FEB 04 -  Late for work on several occasions. 

occasions. 

properly. 

f .  CM:  None 

g.  Record of SV: None. 

h.  Awards &  Decs:  BMTSR, NDSM 

i.  Stmt of Sv:  TMS: (01) Yrs  (07) Mos  (21) Das 
TAMS: (01) Yrs  (04) Mos  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Apr 04. 

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

for Discharge. ) 

Issue 1:  ISSUES ARE ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Memo for Record from GS-9 Biglane. 
3 .  DD Form 2 14 . 

. . 

O  4  APR  ZOOS': 

- APPLICATION  FOR THE REVIEW OF DISCHARGE 

FROM THE'ARMED FORCES OF THE UNITED STATES 

.
.
,  ,'--I .

 
 , .: 

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.

(Please read instructions on Pages 3 and 4 BEFORE completing  this app/icatjon.) 

F 

.  . 

-C 
Form Ap+oved 
oMB NO. 0104-0004 
Expires ~ u g = 3 1 ,  2m6 

The public reporting burden for  this 
gathe"ng  and maintaining the  dam rnBd.d.  and Completing and reviewing the  C0lleCti0n of informadon.  send ~omment. ,.,garding 
of  information,  including suggestions for reducing ,he  burden,  to the Department of  Defense. Executive sewices and ~ ~ ~ r n u n i ~ ~ t i o n s  

that  notwithsundng any other provision of  h w ,  no person shall  be  subiecl to any  Penalty lor tailing  to compv ,.,it,,  . colledOn of  information  if  h04-0004~.~p0ndsnts 
control numbar.  PEASE DO  NOT RETURN YOUR  FORM TO  THE ABOVE  ORGANIZATION.  RETURN  COMPLETED FORM  TO ;f,ya"p"$~~$~,!~r~~~$~~o"N" 

response  including fie h e  for  mvinai> 

of information is  estimated to average 30 minutes 

~ i r e c t o r s t ~ ~ ~  

*is  burden .n"uctions* 

data sources. 

aspect-of  this 

be awnre 

..  . 
se+iching  exiqiag 
Or  anT*cr 

BACK OF THIS PAGE. 

-, 

..  .. 

11.  APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAkPROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the a ~ ~ l i c a t i o n  
the name (print) 
SPOUSE 

and relation's'hip by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOWER 

WIDOW 

.. . 
is sianed bv other than the a ~ ~ l i c a n t .  
-  .  . ._  . .  

., 

lndlcate 
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.. 

, 

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I b.  TELEPHONE NUMBER (Include Area  Code) 

c.  E-MAIL 

d.  FAX NUMBER (Include -Area Code1 
I 

CASE NUMBER 

(Do not  write in  this space.) 

'  : '  

. .  .I) 
. 
. . . 
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.  . .  :  . 
. .   . 
.  . 
. 

. 

. 

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1 

AND  THIS  FORM IS  SUBMIITED 

TO ADD ADDITIONAL  ISSUES,  JUSTIFICATION,  OR NIDE+CE. 

8.  IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  (Conr~nue in Item  17. 

If military documents or medical records are relevant to your  case, please send copies.) 

12.a.  CURRENT MAILING ADDRESS  OF APPLICANT OR  PERSON ABOVE 

(Forward notification of any change in address.) 

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13.  CERTIFICATION. 

I make the foregoing statements.  as Pan of my claim.  with full knowledge of the 
penalties Involved for willfully  making a false statement or claim.  W . S .  Code,  Title  18, Sections 287 
and  1001, provide  that an individual shall be fined under  this title  or imprisoned not more than 5 years, 
or both.) 

a.  SIGNATURE -  REQUIRED (Applicant or person in Item  1 I  above) 

b.  DATE SIGNED - REQUIRED 

IYWYMMDD) 

I 
DD FORM 293, MAR 2004 

PREVIOUS EDITIONS ARE OBSOLETE. 

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Page fi  of  4 Page% 

14.  CONTINUATION OF ITEM 6,  ISSUES (If applicable) 

15. CONTINUATION  OF ITEM 8,  SUPPORTING DOCUMENTS /If appl~cablel 

MAIL  COMPLETED APPLICATIONS TO  APPROPRIATE ADDRESS BELOW. 

- C 

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

Army Review Boards Agency 
Support Division, St.  Louis 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http:llarba.army.pentagon.mil) 

N A V Y  AND MARINE CORPS 

' 

COAST GUARD 

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

ARMY 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  78 150-4742 

DD FORM 293, MAR 2 0 0 4  

Page 2 of 4 Pages 

on 28 June 2004.  Ye 
recorded that at this t 
more careful and not to "advertise" that he and I were friends.  A month later received an 
L.O.R. stating that she had given me a no contact order.  Times that I was late were 
explained by car troubles, appointments, etc  and these were not put into the paperwork. 

discussed what she had stated, however, she 
a "no-contact-order".  She merely told me to be 

I don't mean to play myself off as the victim, but I strongly believe that things 

rastic actions affected my career 

could have been dealt with differently. ' 
and more importantly my life.  Looking back, I realize that I should have done things 
differently and I blame this, in-part, to immaturity on my behalf.- Unfortunately, though, 
you can't go back and you can't  change the past.  This is why I am taking this 
opportunity to ask that you realize that no one is perfect and that people do deserve a 
second chance.  I understand that if given the opportunity to reenter, I would have to 
work harder than even to gain my place and respect as an airman in the United States 
.  military; however, I want this chance more than anything.  I can't  stress this enough. 

. 

Continued! ... .:.. 

Thank you for your time and consideration in this matter. 

Sincerelv. 

DEPARTMENT OF THE AIR FORCE 

81ST MEDICAL SUPPORT SQUADRON 

KEESLER AFB, MISSISSIPPI 39534 

FROM:  81 MDSSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authorities for this action are AFPD 36-32 and AFI 3653208, chapter 5, 
paragraph 5.49.  If my recommendation is approved, your service will Ge  characterized as an Under 
Honorable Conditions (General) Discharge.  I am recommending that your service be characterized 
as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a. On or about 13 August 2004, you did, without authority, fail to go to your appointed place of 

duty, to wit:  81St Medical Support Squadron, Radiology Department, Building 468.  For this 
infraction, you received nonjudicial punishment consisting of a reduction to the grade of E- 1 with a 
new date of rank of 3 1 August 2004.  (Atch 1, Appendix A wlatch) 

b. On or about 27 July 2004, you dishonorably failed to pay your overdue AAFES Military Star 

card account, which was due and payable in the amount of $130.00.  For this infraction, you 
received a Letter of Reprimand, dated 2 August 2004.  (Atch I, Appendix B wlatch) 

c. On 22 July 2004, you failed to report to your assigned Dormitory Orderly detail.  For this 
infraction, you received a Letter of Reprimand, dated 22 July 2004.  In addition, I established an 
Unfavorable Information File (UIF) for this infraction.  (Atch 1, Appendix C wlatch) 

d. On  15 July 2004, you failed to have your Temporary Folder filled out correctly.  Your 

preceptor, A1C Casares, was accomplishing the folders, and you left the room while he was doing 
this.  You had been previously counseled to ensure your temporary folder is completed prior to 
leaving work for the day.  For this infraction, you received a Letter of Reprimand, dated 
20 July 2004.  (Atch 1, Appendix D wlatch) 

e. On  15 June 2004, you failed to report to work at the required time of 0655 hours.  For this 

infraction, you received a Letter of Reprimand, dated 22 June 2004.  AIso, on  15 June 2004, when 

ent to your dormitory room to find out why you had not reported to 

work, she observed you failed to have your dormitory room in inspection order.  For this infraction, 
you were counseled as documented on AETC Form  173, dated 22 June 2004.  (Atch  1, Appendix E 
wlatch) 

f. On  14 June 2004, you were counseled for failing to properly fill out your folder on 

11 June 2004, as documented on AETC Form 173, dated 14 June 2004.  (Atch 1, Appendix F) 

g. On 1 June 2004, you were counseled for sleeping in class as documented on AETC Form 

173, dated  1 June 2004.  (Atch 1, Appendix G) 

h. On 6 April 2004, you were counseled for failing to work your scheduled weekend duty as 

documented on AETC Form 173, dated 6 April 2004.  (Atch 1, Appendix H) 

i.  On  1 April 2004, you were counseled for failing to mark your folder with the exams you had 

accomplished and other task items as documented on AETC Form  173, dated  1 April 2004. 
(Atch 1, Appendix I) 

j. On 5 February 2004, you were counseled for failing to report to work at the required time of 

0655 hours as documented on AETC Form  173, dated 5 February 2004.  (Atch 1, Appendix I) 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction  or higher authority 
will decide whether you will be discharged or retained in the United States 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, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under  10 U.S.C. Section 2005(g). 

3.  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 the Area Defense Counsel, on 
/4 SEPI -9 
(Sablich Center), Room 243.  The office telephone number is 377-2429.  You may consult civilian 
counsel at your own expense. 

hours.  The office is located in Bldg 070 1, 

, at  / 3 S O  

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

/.&  &pT  a  unless you 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the Student Triangle 
Clinic on  /y . T ~ p r  &kVY 

hours for the examination. 

, at  /+ 

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 at http://www.e-publishin~.af.mil/pubfiles/af/36/a36- 
3208lafi36-3208.pdf or the unit orderly room. 

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

Attachments: 
1.  Supporting Documents 

a.  AF Form 3070, dated 3 1 Aug 04 wlatchs 
b.  Letter of Reprimand, dated 2 Aug 04 wlatchs 
c.  Letter of Reprimand, dated 22 July 04 wlatchs 
d.  Letter of Reprimand, dated 20 July 04  wlatchs 
e.  Letter of Reprimand, dated 22 Jun 04 wlatchs 
f.  AETC Form  173, dated 14 Jun 04 
g.  AETC Form  173, dated 1 June 20 
h.  AETC Form  173, dated 6 Apr 04 
i.  AETC Form  173, dated 1 Apr 04 
j.  AETC Form  173, dated 5 Feb 04 . 
2.  Receipt of Notification Memorandum 
3.  Airman's  Statement 



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