AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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TYPE UOTH 1
PERSONAL APPEARANCE
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NAME O F rO1JNSEL AND OR ORGANIZATION
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GRADE
AB
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RECORDREVIEW
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I ADDRESS AND OR ORGANIZATION OF COUNSEL
AFSNISSAN
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A67.90
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O K D ~ R APPOINTING THE BOARD
APPLICATION FOR REVIEW OF 1)ISCtIAKGF.
I,ETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE 1'0 'I I IF. HOAKI)
A1II)I'I IONAI, EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDNG OF PERSONAL APPEARANCE HE
CASE NUMBER
I FD-2006-00052
ISSUES
A92.01
A94.05
A92.05
A92.17
IlEARlNG DALE
28 Sep 2006
APPLICANT'S ISSUE AND TNE BOARD'S DECISIONAL RAllONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE W BOARD DECISlOhAL R A f l O N M
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Case heard in 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
Names and votes will be made available to the applicant at the applicant's request.
TO:
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SAFIMRBR
550 C STREET WEST, SUITE 40
MNDOLPI-I AFR, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
FROM:
SECRErARY O F THE AIR FORCE PERSONNEL COLlNClL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND OR, EE WING, JRD FI.OOR
ANOREWS AFB. MD 20762-7002
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(EF-V2)
Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2006-00052
GENERAL: The applicant appeals for upgrade of general.
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:
Issue 1. Applicant contends discharge was inequitable because it was too harsh. She admits to making a
huge mistake on February 23,2000 while in the Air Force. Applicant had seven years of service and has
requested an upgrade of discharge based upon her outstanding service as documented by certificates of
appreciation, training and Enlisted Performance Reports. The records indicated the applicant received a
Summary Court Martial, an Article 15, and a Letter of Reprimand for misconduct. The Letter of Reprimand
was for public intoxication. The Article 15 was for failure to go to appointed place of duty. She was
disciplined with forfeiture of pay, 14 days restriction to Lackland AFB and 14 days of extra duty. The
Summary Court Martial which led to her discharge was for drunk and disorderly conduct and being
disrespectful to a commissioned officer. The applicant was punished with a reduction in grade to airman
basic, forfeiture of pay and confinement for 30 days. 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.
Issue 2. Applicant states that her discharge did not take into account the good things she did while in the
service. The DRB took note of the applicant's duty performance as documented by her performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.
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. If she should choose to exercise her
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the
community.
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 AB) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec'd a UOTHC Disch fr USAF F.E. Warren AFB, WY on
17 Jul 00 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct - Conduct
Prejudicial to Good Order and Discipline). Appeals for General Discharge.
2. BACKGROUND:
a. DOB: 17 Aug 75. Enlmt Age: 18 3/12. Disch Age: 24 11/12. Educ: HS DIPL.
AFQT: N/A. A-63, E-62, G-66, M-32. PAFSC: 3M051 - Services Journeyman.
DAS: 26 Nov 98.
b. Prior Sv: (1) AFRes 29 Nov 93 - 5 Dec 93 (6 days) (Inactive) .
for 10 months. Svd: 3 yrs 3 months 24 days, all AMS. AMN - 6 Jun 94. A1C - 6
Apr 95. SrA - 6 Dec 96. EPRs: 5,5,4.
(2) Enlisted as AB 6 Dec 93 for 4 yrs. Extended 27 Aug 96
3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 1 Apr 97 for 4 yrs. Svd: 03 Yrs 03 Mo 16 Das, of
which AMS is 03 yrs 02 months 18 days (excludes 28 days lost time).
b. Grade Status: AB - 30 Mar 00 (Summary Court Martial, 30 Mar 00)
c. Time Lost : 3 Mar 00 thru 1 Apr 00 (28 days) .
d. Art 15's: (1) 24 Feb 94, Lackland AFB, TX - Article 86. You, did, on
or about 11 Feb 94, without authority, fail to go at the
time prescribed to your appointed place of duty, to wit:
Building 112, Room 301. Forfeiture of $179.00 (7 days)
pay. Fourteen days restriction to Lackland AFB, Texas,
and 14 days extra duty. (No appeal) (No mitigation)
e. Additional: LOR, 6 JAN 00 - Cited by Cheyenne Police Department for
public intoxication and escorted back to
dormitory room by police.
f. CM: Summary Court Martial - 30 Mar 00
CHARGE I: Article 89.
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!, United States Air
Specification: In that SrA ; .-..-..-.-..-..-..---
Force, 320th Missile Squadron, did, at Francis E. Warren AFB,
Wyoming, on or about 24 Feb 00, behave herself with disrespect
toward 2nd Lt : . . . -. . -. -. . -. . -. . -. - - - - - - ' her superior commissioned officer,
then known by the accused to be her superior commissioned officer,
by saying to him, "Fuck you; Fuck you moeherfucker; Cocksucker;
You bitch; You get off on this shit you sadistic bitch. Where are
your balls; You four months in the war butter bar piece of shit;
Do you want me to suck your dick too; 1'11 get you on the outside;
My captains would shoot you down like a bitch; 1'11 have your
bars, you butter bar bitch," or words to that effect.
CHARGE 11: Article 134.
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Specification: In that SrA \ ---------------------,,
Force, 320th Missile Squadron, was, at or near Francis E. Warren
AFB, Wyoming, on or about 24 Feb 00, drunk and disorderly which
conduct was of a nature to bring discredit upon the armed forces.
Sentence adjudged on 30 Mar 00: Reduction to AB, forfeiture of
$670.00 pay, and confinement for 30 days.
: United States Air
g. Record of SV: 10 Feb 97 - 9 Feb 98 Anderson AFB
5 (Annual)
10 Feb 98 - 7 Sep 98 Anderson AFB
5 (CRO)
08 Sep 98 - 7 Sep 99 F.E. Warren AFB 5 (Annual)
h. Awards & Decs: AFAM, AFLSAR, AFTR, SWASM W/1 DEV, AFOSSTR, NDSM, HSM,
NCOPMER, AFOUA, AFGCM ~ / 1 DEV.
i. srmt of Sv: TMS: (06) Yrs (06) Mos (21) Das
TAMS: (06) Yrs (05) Mos (14) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 11 Jan 06.
(Change Discharge to General)
Issue 1: I made a huge mistake the night of Feb. 23, 2000. However I had
almost 7 years of above and beyond outstanding conduct. I would like to have
the considered.
ATCH
1. Photo.
2. Written Statement in Response to Administrative Discharge Action.
3. Record of Trial.
4. Statement of Medical Condition.
5. Six Enlisted Performance Reports.
6. Photo.
7. Certificates of Appreciation, Certificates of Recognition, Training
Certificates, and Letters of Appreciation.
8 . Medical Documents .
DEP~RTMENT OF TRE AIR FORCE
90TH SPACE WMG (MSPC)
MEMORANDUM FOR AB!
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2q APR m
FROM: 320 MS/CC
SUBJECT: Notification Letter - Board Hearing
1. I am recommending your discharge from the United States Air Force for a pattern of
misconduct according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph
5.50.2. Copies of the documents to be forwarded to the separation authority to support this
recommendation are attached.
2. My reasons for this action are:
a. You did, at or near Francis E. Warren Air Force Base, .---- Wyoming,
behave yourself with disrespect toward Second Lieutenant: ------------------- ; your superior
commissioned officer, then known by you to be your superior commissioned officer, by saying
to him, Tuck you; Fuck you motherfucker; Cock-sucker; You bitch; You get off on this shit you
sadistic bitch; Where are your balls; You four months in the war butter bar piece of shit; Do you
want me to suck your dick too; I'll get you on the outside; My Captains woilld shoot you down
like a bitch; I'll have yow bars, you butter bar bitch," or words to that effect, in violation of
Article 89, UCMJ.
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on or about 24 Feb 00,
b. You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 24 Feb 00, were
drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces, in
violation of Article 134, UCMJ.
You pleaded guilty to the above charges and specifications (items a-b) at a Summary
Court-Martial on 30 Mar 00. You were found guilty of all charges and specifications, and
sentenced to 30 days confinement, reduction to the grade of airman basic, and forfeiture of
$670.00 pay.
c. You, at or near Cheyenne, Wyoming, on or about 24 Dec 99, displayed belligerent conduct
toward Cheyenne Police Department officers and were cited by them for public intoxication. For
this misconduct, you received a Letter of Reprimand (LOR), dated 6 Jan 00.
3. This action could result in your separation with an under other than honorable conditions
discharge. I am recommending that you receive an under other than honorable conditions
discharge. The commander exercising special court-martial jurisdiction or a higher authority will
make the final decision in this matter, If you are discharged, you will be ineligible for
reenlistment in the Air Force, and will probably be denied enlistment in any component of the
m e d forces, and any special pay, bonus, or education assistance funds may be subject to
recoupment.
4. You have the right to:
a. Consult legal counsel.
b. Resent your case to an administrative discharge board.
c. Be represented by legal, counsel at a board hearing,
d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.
e. Waive the above rights. You must consult legal counsel before making a decision to waive
any of your rights.
5. Military legal counsel, at the Area Defense Counsel office, at Bldg292, ext. 3248, has been
obtained to assist you. An appointment has been scheduled for you to consult herlhim an
26 APE w at 131-5 h w . Instead of the appointed counsel, you may have
another attorney, if the lawyer you request is in the active military service and is reasonably
available as determined according to AFI 51-201. In addition to military counsel, you have the
right to employ civilian counsel. The Air Force does not pay expenses incident to the
employment of civilian counsel. Civilian counsel, if employed, must be readily available.
6. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise, The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.
7. You have been scheduled for a medical examination. You must report to Physical Exams at
0700 hours, on 25 A#R 00 for the examination.
8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of MI 36-3208 is available for your use in your Command Support Staff office.
9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.
10. Execute the attached acknowledgment and return it to me immediately.
C . . . - . - . - . - . . . . . . . . - - r r r r r r r r r r r r r r r r r r r - - - - - - . - - - - - - - - - - m
Commander, 320th Missile Squadron
Attachments:
1. AF Form 2329, dated 30 Mar 00
2. LOR, dated 6 Jan 00
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