AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST. FIRqT kllnnr F INI'I'IAL) 

I 

GRADE 

/  AMN 

AFSNISSAN 

MEMBER SITTING 

t ISSUES  A94.06 

A92.02 

INDEX 

i 

1  10 Nov 2005 

I  FD-2005-0034 1 

Case heard at Washington, D.C. 

APPLICATION FOR KEVlEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMlTTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDNG OF PERSONAL APPEARANCE 

2 
3 
4 

1 

Advise applicant of the decision of the Board, and the right to submit an ap~ficaticln tr; tile AFBCMR 

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

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

SECRETARY OF M E  AUI FORCE PERSONNEL COUNCIL 
AIR FORCE DISCBARGE REVIEW BOARD 
1535 COMMAND D R  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-2005-00341 

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  10 Nov 2005. 

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

FINDINGS:  Upgrade of discharge to honorable is granted.  Change of reason and authority for discharge, 
and change of reenlistment code are denied. 

ISSUE:  Applicant  contends  discharge  was  inequitable  because  it  was  too  harsh  and  did  not  take  into 
account the quality of her service.  The records indicated the applicant received  an Article 15, two Letters of 
Reprimand, and a verbal reprimand for minor disciplinary infractions over a four month period including one 
incident  of driving under  the  influence,  two  uniform  violations,  and  a  failure to  go.  Although  the  Board 
noted the pattern of misconduct indicated  a  failure to  respond  to  counseling and properly  formed  the basis 
for  administrative  discharge,  it  considered  evidence  of  excellent  duty  performance  as  evidenced  by 
performance reports and numerous  character letters from senior NCOs and  senior officers  from the time of 
her discharge in  the personnel  record.  The Board  opined  that the evidence of the record  and that  obtained 
from testimony supported an upgrade to honorable.  The Board concluded  the discharge was appropriate for 
the incidents of willful misconduct which were the basis for this case and therefore the Board concluded that 
the narrative reason  for discharge was proper  and equitable and  that  a change in  the reenlistment  code was 
not appropri a te. 

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 findings,  the  Board  further  concludes that  the  overall  quality of applicant's  service is more 
accurately reflected by an Honorable discharge without change in the narrative reasons or reenlistment  code. 
The  applicant's  characterization  should  be  changed  to  Honorable  under  the  provisions  of  Title  10, USC 
1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Langley AFB, VA on 01 Sep 04 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Jul 80.  Enlmt Age: 21 7/12.  Disch Age: 24 1/12. Educ: HS DIPL. 
AFQT: N/A.  A-46,  E-36,  G-44,  M-28. PAFSC: 4A051 -  Health Services Management 
Apprentice. DAS: 25 Jun 02. 

b.  Prior Sv:  (1) AFRes 15 Feb 02 -  27 Feb 02  (13 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 28 Feb 02 for 4 yrs. Svd: 02 Yrs 06 Mo 05 Das, all AMS. 

b.  Grade Status:  A m  -  20 May 04  (Article 15, 20 May 04) 

A1C -  03 Dec 03 
A m  -  03 Feb 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 May 04, Langley AFB, VA  -  Article 92.  You, who knew 
or should have known of your duties, on or about 16 Apr 
04, were derelict in the performance of those duties in 
that you negligently failed to refrain from operating a 
motor vehicle while under the influence, as it was your 
duty to do.  Reduction to Airman.  Suspended forfeiture 
of $200.00 pay per month for 2 months.  Fourteen days 
extra duty. (No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 14 JUL 04 -  Dereliction of duty for failure to 

report in proper uniform. 
VBC, 23 APR 04 -  Traffic ticket for speeding. 
LOR, 18 MAR 04 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs :  NDSM, AFTR 

i.  Stmt of Sv:  TMS:  (02) Yrs  (06) Mos  (18) Das 
TAMS: (02) Yrs  (06) Mos  (05) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Aug  05. 

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2.  DD Form 214. 
3. AF  IMT 100. 
4. Discharge Documents. 
5. Current  Paycheck  (Non-negotiable) . 
6. College Transcript  and Grade Summary. 
7. Memorandum for Reviewing Authorities  (Prior to Discharge) 

P 

. 

. 

APPLlCATl,ON FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on  Pages  3 a n d  4 BEFORE completing this application.) 

Fonn Approved 
OMB No. 07040004 
Expires Aug  31. 2006 

The public  reporting burden for  this collection of informaOon is estimated t o  average 30 minutes per response,  including the time for  reviewing instructioru,  searching  existing  d a a  sourcu, 
gathering and maintaining the data needed,  and completing and  reviewing the collection of  information.  Send comments regarding  this burden estimate or  any other  aspect of this collection of 
information,  including  suggestions for  reducing thdburden,  to tha Department  of Defeme,  Execut~ve Services  and Communications Directorate 10704-00041. Respondents should be aware that 
notwithstanding any  other  provision of  law;  no person shall be subject  t o  any penalty for failing t o  comply with a collection  of information if i t  d o u  not display  a currently valid  OMB control 
number. FtEASEDO NOT RENRN YOUR  FORM TO  THE ABOVE  ORGANIZATION.  REIURN COMPLETED FOW  TO  THE APPROFWATE ADDRESS  ON  BACK  OF T H S  PAGE. 

I 
AUTHORITY:  1 0  U.S.C.15531  E.O.  9397. 
(  PRINCIPAL PURPOSEIS): T o  apply for  a  change in the  characterization  or  reason for military discharge  issued  to an individual. 
I ROUTINE USEE.):  None. 

PRIVACY ACT STATEMENT 

1 

I 
I 

I 

years ago,  submit a DO  Form  1 4 9 )  

9.009  *p.  3 ,  

SEPARATION 

HONORABLE 

-

GENERAWNDER HONORABLE CONDITIONS 
UNDER OTHER M A N  HONORABLE CONDITIONS 
BAD CONDUCT (Special court-martial only) 

UNCHARACTERIZED 
OTHER  (Explain) 

X 
-

CHANGE TO HONORABLE 
CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACTERIZED 
{Nor applicable for Air  Forcd 
CHANGE NARRATIVE REASON FOR 
SEPARATlON TO: 

6.  ISSUES: WHY AN  UPGRADE OR  CHANGE IS REQUESTED AND  JUSTIFICATION FOR M E  REQUEST (Continue in ltem  14. See instructions on W g e  3.) 
fiq & ( x h r s e   -5 
90 Gn\  o n  o n e  ~ 7 4 6 3  , 

k d c e .  cuTy+ &ismvise ha5 '\mpee+  m y v \ f ~  a 5 b e  e5 La) C&Y&%  + 

i necp',+&t~  beau*  it  u v 3  -6 

O n   W  \ad h e  & 

7.  (X ifapplicad/ej  AN  APPLICATION  WAS PREVIOUSLY  SUBMITTED  ON IYWYMMDDI 

AND THlS FORM IS SUBMITED TO ADD ADDITIONAL ISSUES,  JUSTIFICATION, OR  EVIDENCE.. 

8.  IN SUPPORT OF THlS APPLICATION,  THE FOLLOWING ATACHED DOCUMENTS ARE  SUBMITED AS EVIDENCE:  (Continue in ltem  17. lf  military documents or 

9.  TYPE OF REVIEW REQUESTED ( x  one) 

CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND  ANY  ADDITIONAL DOCUMENTATION 

I AND/OR  (counsel/representarive)  WISH TO APPEAR  A T  A  HEARING AT NO EXPENSE TOTHE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON.  D.C.  METROPOLITAN AREA. 

I 

I 

(See Item  10 of  the instructions about counsel~epresenrative.) 

11.  APPLICANT MUST SIGN  IN ITEM 13.a.  BELOW.  If the record in question is that of a  deceased or incompetent  person, LEGAL PROOF OF D E A M  OR 

INCOMPETENTENCY MUST ACCOMPANY  M E  APPLICATION.  If the application is signed by other than the applicant,  indicate 
the name (print) 

and  relationship  by marking a  box  below. 

I 

TO WHOM IT MAY CONCERT: 

With all your respect I would like to take this opportunity to request upgrade of 
gener-der 

honorable conditions  discharge characterization to honorable. 

I strongly believe and feel that my discharge had has made a big impact in my life, I had a 
short amount of time to adjust myself fiom being an Airman, to a civilian. Without the 
support of family members, friends or any organization I have managed to find a job,  full 
of wonderfhl people, a warm place to live, and currently attempt to school in the 
evenings. I have to be honest it was not easy, it took time but now I am very bless and 
thankful to have all this big opportunities in my life. 
My upgrade of discharge is very important to me. I had tried to request my military 
records but once again I was unsuccessful. I am providing all the information I can in 
order to get some positive response after trying many other ways. I ask please to be 
compassionate and give me an opportunity to succeed in live. I can guarantee it will be 
worth it and I would not stop until my goal is accomplish. 
Thank sidmadarn for your time and understanding. 

/ 

FvzA~@-&osY/ 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS I S T  FIGHTER WING 

LANGLEY AIR  FORCE BASE VA 

M E M O W L I M  FOR AlRMAN 

FROM:  1 MDOSICC 

SUBJECT:  INotific'ation Memorandum 

1.  I am recoinmending your discharge fioin the United States Air Force for minor disciplinary 
infractions.  The authority for tlGs action is AFPD 36-32, Militaly Retirements and Separations, 
and AFI 36-3208, Administrative Separation of  Airmen, Chapter 5, Section H, paragraph 5.49. 
If my recommendation is approved, your discharge will be characterized as under honorable 
conditions (General) and you will be ineligible for reenlistment in the Air Force. 

2.  My reasons for this action are: 

a.  On 1 Mar 04, you failed to report to Honor Guard duty as required.  For this incident, 

you received a Letter of Reprimand (LOR), dated 18 Mar 04. 

b.  On 16 Apr 04, you received a traffic ticket for driving 37 miles per hour in a 25 miles 

per hour zone.  For this incident you received a verbal counseling, dated 23 Apr 04. 

c.  On or about 16 Apr 04, you were derelict in your duties when you fqiled to refrain 

from operating a motor vehicle while under the influence of alcohol.  For tliis incident, you 
received an Article 15 with a punishment of Reduction to the grade of Airman, forfeiture of 
$200 pay per month for 2 months (suspended) and 14 days extra duty. 

d.  On or about 8 July 04, you reported to the commander in your blues with Airman 
First Class stripes on your sleeves after you had been reduced in rank to the grade of Ainnan. 
For this incident, you received a LOR, dated 14 Jul04. 

e.  On 10 A U ~  

04, your LOR dated 14 Jul04 was placed in your UIF. 

3.  Copies of the documents to be foiwarded 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 diicharged or retained in the Air Force. 

4.  You have the right to coiisult counsel.  hli 
I have made an appointment for you to consul 
18fh0 04  , at  ()qo(?  hours.  You may consult civilian counsel at your own expense. 
separation authority to consider must reach me by 20 % Oqi (+m unless you request and 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 

sel has been obtained to assist you. 
at  Qn?. 

, on 

- . < /  

f" 
. - 

. 

- - 

/%as&-&  3 y/ 

4 

receive an extension for good cause shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or to subinit 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 

I A ~  7  hours on  19 (auq 
cl 

for the exanlination. 

.  7.  Any perso~lal 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 your Orderly Room. 

8.  Execute the attached aclaowled,oment  and return it to me imnlediately. 

Attachments : 
1.  Supporting Documents 

1 a.  LOR, 18 Mar 02 
l-b. LOC, 23 Apr 04 
1 c.  Article 15,20 May 04 
Id.  LOR, 14 Jul04 
1 e.  UIF Action, 10 Aug 04 

2.  Receipt of Notification Memorandum