w n n n -   --- - HARGE REVIEW BOARD HEARING RECORD 

A 

I 

I IT1 AL) 

MEMBER SITTING 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
1  I . E T T H U E  NnTlFlr ATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

HEARING DATE 

18 Oct 2005 

CASE NUMBER 

FD-2005-00254 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, 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. 

I  TO: 

I 

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

AFHQ FORM 0-2077, JAN 00 

1  FROM: 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE w m c ,  ~ R D  F
~
ANDREWS AFB, MD 20762-7002 

R

 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-20051)0254 

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  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  (without)  counsel,  at 
Andrews AFB on 18 Oct 2005.  The applicant's mother observed the proceedings but did not testify. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's  Contentions 
Exhibit #6: Supporting documents for Article 15, March 2004 
Exhibit #7: IG Complaint 
Exhibit #8: Letter to senator and reply 
Exhibit #9: Request to separate from military 
Exhibit # 10: Marines, Delayed entry program 
Exhibit #11: Education records 
Exhibit #12: 14 letters of appreciation 
Exhibit #13: Awards and nomination 
Exmbit #14:  Customer service course c~refionc-eXiTEaE---- 

% .  

- - 

- - 

- 

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

FINDINGS:  The discharge  is upgraded  to  Honorable; however, the  change  of reason  and  authority for 
discharge and change of reenlistment code are denied. 

ISSUE:  Issue  1.  Applicant  contends  discharge was  inequitable because  it  was too  harsh.  The records 
indicated the applicant received  a  Record of Individual Counseling for reporting  late for duty, a Letter of 
Reprimand for dereliction of duty, a Letter of Reprimand for failure to pay just  debt and an Article  15 for 
failure  to  obey  and  false  official  statements  during  a  six  month  period.  The  Board  concluded that  the 
applicant's  testimony  and  submitted  evidence  did  not  overcome  the  preponderance  of  the  evidence that 
indicated there was misconduct warranting disciplinary action.  However, after considering evidence of the 
record and testimony, the Board concluded by a split vote that the applicant's  discharge was too harsh based 
on her  three years of clearly exemplary  duty performance prior  to the aforementioned disciplinary actions 
and the extenuating circumstances surrounding the events leading to disciplinary actions and her discharge. 

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.  However, in view of 
the  foregoing fmdings, the  Board  further concludes that the  overall  quality  of applicant's  service is more 
accurately reflected by an Honorable discharge.  The Board concluded that no change in the narrative reason 
for discharge or in the reenlistment code was supported by evidence of the record and testimony. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AlC)  (HGH SRA) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Wright-Patterson AFB, OH on 
26 May 04 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 06 Sep 81.  Enlmt Age: 18 9/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-46,  G-42,  M-36. PAFSC: 3S051 -  Personnel Journeyman. 
DAS: 24 Apr 02. 

b.  Prior Sv: (1) AFRes 16 Jun 00 -  06 Sep 00  (2 months 21 days) (Inactive). 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB  07 Sep 00 for 4 yrs. Svd: 03 Yrs 08 Mo 20 Das, all AMS. 

b.  Grade Status:  A1C -  08 Mar 04 (Article 15, 08 Mar 04) 

SrA -  07 Mar 03 
A1C -  07 Jan 02 
Amn  -  07 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 08 Mar 04, Spangdahlem AB, Germany -  Article 92.  You, 

edge of a lawful order issued by 
o wit: to pickup a dorm key from 
the dorm manager of building 332, bet 

-- 

-1330 and 1400 hours on 17 Feb 04, an order which it was 
your duty to obey, did, on or about 17 Feb 04, fail to 
obey the same.  You, who knew of your duties, between on 
or about 12 Feb 04 and on or about 13 Feb 04, were 
derelict in the performance of those duties in that you 
willfully failed to stop your Overseas Housing 
Allowance, as it was your duty to do.  Article 107.  You 
, with intent to deceive, make 
an official state 
response to SSgt 
n the subsistenc 

system and to turn in an Air Force Form 220 to stop your 
basic subsistence allowance, which statement was totally 
false, and was then known by you to be so false. 
Reduction to Airman  (reduction below A1C suspended). 
Forty five days extra duty, and restriction to the 
limits of Spangdahlem AB, Germany for 45 days. 

Reprimand. (Appeal/Denied) (No mitigation) 

e.  Additional: LOR, 19 FEB 04 -  Failure to pay debt. 
LOR, 12 DEC 03 -  Dereliction of duty. 
RIC, 16 OCT 03 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 07 Sep 00 -  23 Jun 02  Spangdahlem AB  5  (Initial) 

24 Jun 02 -  01 Nov 02  Spangdahlem AB  5  (CRO) 
02 Nov 02 -  15 Dec 03  Spangdahlem AB  4  (Annual) 

h.  Awards &  Decs:  AFAM W/2 OLCS, AFTR, NDSM, AFGCM, AFOSSTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (11) Mos  (11) Das 

TAMS:  (3) Yrs  (8) Mos  (20) Das 

4.  BASIS ADVANCED FOR W I E W :   Appln  (DD Fm 293) dtd 22 Jun 05. 

(Change Discharge to Honorable) 

Issue Is  I feel J  w

a

s

~

infractions were minor.  My duty performance was excellent. 

h

~

a

p

p

r

~

~

~

ATCH 
1. DD Form 214. 
2. Notification Memorandum. 
3. Disciplinary Infractions with Rebuttal Statements. 
4. Financial Statements. 
5. Article 15. 
6. Discharge Documents. 
7. Eight Awards and Appreciation Documents. 
8. Certificate of Completion. 
9. List of Extra Activities. 
10. AF Form 77. 
11. Enlisted Performance Reports. 
12. Twenty Character Statements. 
13. Enlisted Performance Reports. 

DEPARTMENT  OF THE AIR FORCE 

5 2 D  FIGHTER  WING  (USAFE) 

MEMORANDUM FOR A1 

FROM:  52 AMXSICC 

SUBJECT:  Notification Letter 

2 AMXS 

1.  I am recommending your discharge fiom the United States &r  Force for Minor Disciplinary 
Infractions.  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 under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

a. On or about  16 Oct 03, you  failed to go  at the time prescribed to your appointed place of 
duty.  For this infraction, you received a Record of Individual Counseling (RIC) dated 16 Oct 03 
(Atch 1). 

b. On or about 29 Nov 03, you  were derelict in the performance  of your duties in that a unit 
self-inspection  disclosed that numerous aspects of the Individualized Newcomer Treatment and 
Orientation  (INTRO)  Program  were  not  in  compliance  with  applicable  directives.  For  this 
infraction, you received a Letter of Reprimand (LOR) dated 12 Dec 03 (Atch 2). 

c.  On or about 5 Nov 03 and on or about 1 Dec 03, you  failed to pay just  debts, to wit: your 
rent to Wiedenhof Palace in the amount of 859 Euro.  Further investigation disclosed that on or 
about 24 Jan 04 via telephone you made a false statement, to wit: you told Cap 
hat you 
had paid  your rent  and that the receipt was in the glove compartment of your automobile.  For 
these infkactions, you received an LOR dated 19 Feb 04 (Atch 3). 

d.  On or about 12 Feb 04 and on or about 13 Feb 04, you were derelict in the performance of 

($IH 

your duties in that you willfully failed to stop your Overseas Housing Allowance as  ' 
uty  to  do.  On  or  abo 
1 order  issued  by  SSg 
o wit: to pick 
he dorm manager of building 332, 
between  1330 and  140 
er, on or about 24 Feb 04, you made a false 
official statement to  SSgt 
en  care  of,"  in  response to  SSgt 
o turn in an AF Form 220 to stop 
-elling 
you to be i 
- 
your basic subsistence allowance, which statement was totally false, and was then known by you 
to  be  so  false.  For  these  infractions,  you  received  a  Record  on  Nonjudicial  Punishment 
Proceedings dated  8 Mar 04  (Atch 4).  As punishment, you  were reduced to  the grade of E-2 
(Airman)  with  reduction  below  E-3  (Airman  First  Class)  suspended  through  7  Sep  04.  In 

addition, you  were given 45 days of extra duty and restricted  to  the limits of Spangdahlem Air 
Base Germany for 45 days. 

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.  If you  are 
discharged, you will be ineligible for re-enlistment in the Air Force and any special pay, bonus, 
or education assistance fimds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military 1 
I have made  an  appointment for you to consult C 
Germany, DSN 452-6607, on  / 9 &/  at 
at your own expense. 

btained to assist you. 
at Spangdahlem AB, 
nsult civilian counsel 

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 three duty days, unless you request and 
receive  an  extension  in  writing  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 your PRIMARY 
CARE MANAGER on  2 2 ha<  at  6 7 ~ 5  hours.  You must report  15 minutes prior to 
your appointment. 

8.  Any personal information you finish in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available for your use in the Commander's  Support Staff office. 

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

Attachments: 
1. RIC, 16 Oct 03 
2.  LOR, 12 Dec 03 
3.  LOR, 19 Feb 04 
4.  AF Form 3070,8 Mar 04 
5.  Airman's Receipt of Notification Letter, located at Tab 2 

-  -- 

I