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AF | DRB | CY2006 | FD2004-00052
Original file (FD2004-00052.pdf) Auto-classification: Denied
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 

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INDEX NllMBhK 

A67.90 

1 
2 
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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: 

I 

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. 

I - - - - - - - - - - - - - - - - - - - - - -  

.......................... 

!,  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. 

...................... 

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! 

.......................................... 

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. 

- - - - - - - - - - - - - ,  

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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