AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I I 

PERSONAL A P P E A W  L'E 

RECORDREVIEW 

MEMBER SITTING 

A93.01 

MDEX NUhlBER 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

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BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARlNG DATE 

I  11 Oct 2005 

CASE NUMBER 

I  FD-2005-00188 

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Case heard at Washington, D.C. 

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. 

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

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE D I S C M G E  REVIEW BOARD 
1535 COMMAND DR. EE WJNG, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, J A N  00 

(EF-V2) 

Previous edition will be used 

I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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FD-2005-00188 

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. 

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

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 1.  The applicant requests upgrade of discharge to remove the "negative blemish" it represents to her. 
The  records  indicated  the  applicant  received  a  general  discharge  for  misconduct--minor  disciplinary 
infractions.  Her m i s c ~ n d u ~ E ~ d - ~ ~ ~ e e 1 ~ 5 - ~ ~ ~ ~ E d 1 V 1 & a ~ ~ ~ a u I t i n g ~ o t h e r , ~ f o u r  
Letters of Reprimand for insubordinate conduct towards a senior noncommissioned officer, late for work, 
violation of a no-contact order, and civil arrest for assault; two Records of Individual Counseling for late for 
work and failure to use the chain of command.  The DRB opined that through these administrative actions, 
the applicant had  ample opportunities to change her negative behavior.  The DRB recognized the applicant 
was  21  years  of age when  she enlisted and  age  25 when  the  discharge took place.  However, there is no 
evidence she was immature or did not know right fiom wrong.  The Board opined the  applicant was older 
than the vast majority of first-term members who properly adhere to the Air Force's  standards of conduct. 
The  Board  concluded the  misconduct was  a  significant departure  fiom  conduct  expected  of  all  military 
members.  The characterization of the discharge received by the applicant was found to be appropriate. 

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, no inequity or impropriety in her discharge was suggested or 
found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately 
characterized her term of service. 

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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Langley AFB, VA on 6 May 02 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 31 May 76. Enlmt Age: 21 10/12.  Disch Age: 25 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-28,  G-29,  M-19. PAFSC: 2S051 -  Supply Journeyman. 
DAS: 1 Jun 99. 

b.  Prior Sv:  (1) AFRes 16 Apr 98 -  19 Jan 99 (9 months 4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  20 Jan 99 for 4 yrs. Svd: 3 Yrs 3 Mo 17 Das, all AMS. 

b.  Grade Status:  A1C -  21 Mar 02  (Article 15, 21 Mar 02) 

SrA -  20 Jan 02 
A1C -  20 May 00 
Amn  -  20 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Mar 02, Langley AFB, VA -  Article 128.  You, did, at 

t 26 Feb 02, 

or near Hampton, 
unlawfully strik 
your hand.  You, 
or about 26 Feb 
then was, and was then known by 
noncommissioned officer of the United States Air Force, 
by punching him on the back with your fists.  Reduction 
to AlC.  Suspended forfeiture of $250.00 pay per month 
for 2 months.  Thirty days extra duty  (in excess of 15 
days suspended). (Appeal/Denied) (No mitigation) 

on the face with 
on 
who 

e.  Additional: LOR/UIF, 18 MAR 02 -  Civil arrest for assault. 

LOR, 13 MAR 02 -  Violated a no contact order. 
LOR, 28 JUL 00 -  Late for work. 
RIC, 20 JUN 00 -  Failure to use the chain of command. 
RIC, 05 NOV 99 -  Late for work. 
LOR, 11 AUG 99 -  Insubordinate conduct toward a SNCO. 

f.  CM:  None. 

g.  Record of SV: 20 Jan 97 -  19 Sep 00  Langley AFB  2  (1nitial)REF 

20 Sep 00 -  19 Sep 01  Langley AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, AFOEA. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (0) Mos  (21) Das 
TAMS: (3) YrS  (3) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Apr 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Six Character References. 
4. Two Ernails of Commendation. 
5. Four Performance Award Certificates 

April 28,2005 

TO: Air Force Review Board Agency 
SAFIMRBR 
550-C Street West, Suite 40 
Randolph TX 78 1 50-4742 

SUBJECT: Military Discharge Review Request 

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ould like to request that a thorough review be conducted of my 
ed  States  Air  Force.  My  current  discharge,  General  under 
Honorable  Conditions,  is  a  negative  blemish  that  I  would  like  to  rectify.  After  my 
separation, I was able to reflect on my conduct and gain a better understanding of what 
my supervision was trying to instill in me. For my actions I am very apologetic and only 
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wish  I was  afforded  the opportunity to  correct  my  errors in judgment.  Even though  I 
didn't  leave the Air Force on my terms and there were instances when my conduct did 
not  meet  Air  Force  standards which  led  to  my  separation,  those  experiences  though 
painful, have driven me to  succeed and I take full responsibility for those lapses in my 
behavior.  Since that  uneventful  time in  my  life,  I made  a  successful transition to  the 
civilian  life  overcoming  my  past,  while  making  enormous  strides  in  my  current 
occupation as a Customer Service Representative with Comcast Cable, in Lithonia GA. I 
h c h  time I have 
have been an employee of Comcast Cable for over two ye 
gained the trust of my supervision, reference attchl., by Mr. 
Care  Manager,  Comcast  Cable)  who  speaks  highly  o 

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ce,  and  professionalism,  and  my  co-worker 

refere 

0's  statements about my character and behavior, echo the sentiment 
ese statements as well as the other documentation that will be included in m;- 
request,  only prove that my  time in the Air Force did provide me with the tools to be 
successful.  In  closing  I just  ask  that  my  statements as well  as  those of my  peers  and 
supervisors be taken into consideration when the reviewing my request. 

.  . 

Attachments: 1 - 12 
Character Reference Letters 

DEPAR'TMENT OF THE AIR FORCE 

HEADQUARTERS 1ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

MEMORANDUM FOR A1 C 

FROM:  ACC RSSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for minor disciplinary 
infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section 
H, Paragraph 5.49.  If your discharge is approved, your service will be characterized as 
honorable or under honorable conditions (general).  I am recommending that your service be 
characterized as under honorable conditions (general). 

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- -  2. My reasons 

- - -  for this - - action - - - - - are: 

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ug 99, you displayed insubordinate and disrespectful behavior towards 
y  failing to  stop talking when you  were  asked to  repeatedly.  For  this 

incident, you received a Letter of Reprimand (LOR), dated 11 Aug 99. 

b.  On or  about  5  Nov  99,  you  reported  late for duty.  For this incident, you  received a 

Record of Individual Counseling (RIC)/AF Form 174, dated 5 Nov 99. 

c.  On or about  10 Jun 00 and on or about 11 Jun 00, you worked weekend duty and failed 
to report that  you were unable to find a bomber,  special mission log and asked for assistance 
outside the flight.  For this incident, you received an RICIAF Form 174, dated 20 Jun 00. 

'd.  On  or about 25 Jul 00, you  reported late for duty.  For this incident, you received an 

LOR, dated 28 Jul00. 

e.  On  or  about 26  Feb  02, you  violated  a no  contact  order  with  SSgt 

violated this order by stopping by his residence to pick-up personal items. 
you received an LOR, dated 8 Mar 02. 

f.  On or about 26 Feb 02, you faile 
order to have no contact with  Staff 
on  the  face  with  your  hand,  and 
Sergeant  Stanberry,  unlawfully  struck 
in the back  with your  fists.  For this 
assaulted a noncommissioned  officer by punc 
incident,  you  received  an  Article  15 on  18 Mar  02,  with  a punishment.  Additionally, this 
Article 15 was filed in your UIF. 

g.  On or about  4 Feb 02, you  were involved in an altercation with S 
residence.  You removed  a steak knife from  a drawer  and  followed SSgt 
bedroom  where a scuffle ensued.  During that  scuffle, you  inflicted a  1-in 

FPWS-  @/y* 

APR  1 7 ;.;,:; 

which resulted with you being arrested by the Newport News Police Department and charged 
with assault.  For this incident, you received an LOR, dated 18 Mar 02. 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to 
the  separation  authority.  The  separation  authority  will  make  the  findings  and 
recommendations  required  under  10  U.S.C.  2005(g)  regarding  recoupment  of  education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained 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, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to  consult counsel.  Military legal c 

you.  I have made an appointment for you to consult Ca  tain. 4 
30 

Counsel, 54 Willow Street, Bldg.  147, Ext. 5607 at 
may consult civilian counsel at your own expense. 

tained to  assist 

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5.  You have the right to submit statements in your own behalf.  Any statements you want the 
-  sepPar_ation authority to consider must reach me by  / 4 3 B   hours  on  2 2  , ' f ~ 0 & 0 0 2  
unless you  request  and receive  an  extension for good  cause shown.  I will  send them  to  the 
separation authority. 

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 have been scheduled for a medical examination.  You must report to the  1st Medical 
p r a 3  2002  and  an 
Group,  Physical  Exam  Section  at 
additional examination will be scheduled if necessary. 

1 3 3 0  hours  on  3 5 

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 orderly room. 

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

Attachments: 
1.  Supporting Documents 
a.  LOR - 1 1 Aug 99 
b.  RICIAF Form 174 - 5 NOV 99 
c.  RIC/AF Form 174 - 20 Jun 00 
d.  LOR - 28 Ju100 
e.  LOR-8  Mar 02 
f.  Article 15 - 21 Mar 02 
g.  LOR - 18 Mar 02 

2.  Receipt of Notification Memorandum 

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