NAMK OF SERVICE MEMHEK (LAST, plKSI'  MIDDLE INI?ML) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

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MSNISSAN 

RECORD REVIEW 

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I'YI'E  GEN 

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PERSONAL AE'PEARANOE 

NAME VFCOUNSEI. ANDORORGANIZWIVN 

ADDRESS AND OR ORGANIZATION OF COUNSEI. 

MEMBER SIWING 

HEARING  DATE 

CASE NUMhER 

3 
4 

LETTER OF NO'I'IFICATION 
BRIEF OF YEKSONNEL FILE 
COIJNSEL'S RELEASE TO THE BOARD 
ADDITIONAI, EX1 IIBI'TS  SIJBMITTED AT TIME OF 
PERSONAL APPBARANCF. 

TAPE ECORt)ING  OF PERSONAL APPEAMNCE HE 

05 Oct 2006 
APPL1CAhT.S  ISSUE AhD 'THE BOARD'S DECISIONAL RATIONAL  ARE  DLSCll5StD ON THE A'lTACHED  AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  R A T 1 0 H M  

I 

I 

I  FD-2004-00087 

I 

I 

I 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to submit an 
application to the AFBCMR 

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

X - Upgrade and Reason & Authority 

. _ _ 9 _ _ , _ _ _ _ _ _ _ _ . - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - p - - - - - - - . * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

TO. 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
ItANI>OLPH AFB, TX 781504742 

AFkIQ FORM 0-2077, JAN 00 

INDORSEhEW 

FROM: 

DATE: 1911 It2006 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR F O N T  OISCHARCE REVIEW BOARD 
1535COMMAND OR, KE WING,  3RD FLOOR 
ANDREW3 AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00087 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and change reason and authority. 

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 and change of reason and authority for discharge are 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:  Applicant received a General discharge for Unsatisfactory Performance 

Applicant  states  that  as  a  result  of two  on-going  sexual  harassment  investigations  she  was  removed  from  her 
shop.  Her offender was later punished but remained in the shop.  Applicant contends she was not given a chance 
to complete her training because  she was not able to train  in  her  shop.  The records indicate that training began 
20 Nov  96 with a break  from dates 28 Apr  97 to 24 Jun 98.  Jun  98 entry  indicates that  she was  behind  in  her 
training.  Records show that applicant was decertified  and required additional training before getting signed off. 
On 2 Apr 99 records  show that applicant was approximately 67% complete in  her training and training was slow 
due to having to conduct training on the same tasks many times.  On  11 Sep 98 there is an entrance in the record 
stating that training was progressing  slowly because of absenteeism  by  the applicant due to appointments,  child 
care or volunteering for extra details.  On 9 Apr 99 applicant was counseled by  her Element Chief on her lack of 
progress  and  that  she  needed  to  be  more  proactive  in  training.  On  23 Apr  99 applicant was  counseled  by  her 
Flight/CC and Flight Chief regarding her training.  She was behind  in  her upgrade and had  exceeded the average 
completion  time.  Records show  in  the  timeframe  of  Apr  99 through  Aug  99 the  applicant had  difficulties  in 
training, did not following T.O. instructions, not being able to accomplish tasks without assistance.  The records 
indicate that  applicant was  placed  on  training  status  code "T"  effective  7 Dec  99.  The records  also  show the 
applicant  received  an  Article  15,  three  Letters  of  Reprimand,  three  Letters  of  Counseling,  and  a  Letter  of 
Admonition for misconduct to include failure to be available for duty, failure to obey a lawful order, leaving duty 
early due to lack of planning, financial irresponsibility, failure to perform assigned duties, and dereliction of duty. 
Although  these disciplinary actions were  not  basis for  applicant's  discharge  the  Board  took  these  into account 
when reviewing the applicant's  service record.  After thorough review of the records and the evidence provided, 
the Board finds no substantiation  of an inequity or impropriety.  'The  applicant's  record supports the fact that the 
applicant failed to progress  satisfactorily  in  her  5-level upgrade training, therefore the Board concluded that the 
characterization and reason of the discharge received by  the applicant to be appropriate. 

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. 

Tn  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  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB, MD 

(Former SEW)  (HGH SEW) 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr Cannon AFB, NM on 17 Dec 99 
UP AFI 36-3208, para 5.26.1  (Unsatisfactory Performance).  Appeals for Honorable 
Discharge and to Change the Reason and Authority  for Discharge. 

2 .   BACKGROUND: 

a. DOB: 23 May 75.  Enlmt Age: 20 8/12.  Disch Age: 24 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-55,  G-52,  M-53.  PAFSC: 2A631E -  Aerospace Propulsion 
Apprentice.  DAS: 16 Oct 96. 

b.  Prior Sv:  (1) AFRes 3 0  Jan 96 -  8 May 96 (3 months 9 days) (Inactive). 

3 .  SERVICE  UNDER REVIEW : 

a.  Enlisted as AB  9 May 96 for 4 yrs. Svd: 3 Yrs 7 Mo 9 Das, all AMS. 

b.  Grade Status:  SrA -  9 May  99 
A1C -  9 Sep 97 
AMN -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Sep 99, Cannon AFB, NM -  Article  92.  You, who knew 
of your duties, on or about 30 Aug 99, were derelict in 
the performance of those duties in that you willfully 
failed to be available for the base recall, as it was 
your duty to do.  Suspended reduction to AlC, and 21 
days extra duty.  (No appeal)  (No mitigation) 

e.  Additional: AF FORM 797, UNDATED -  Decertified on several tasks. 

AF FORM 623A, 11 SEP 98 -  Not progressing in On-The-Job 

Training. 

MEMO,  14 DEC 99 -  Failure to perform assigned duties. 
LOR, 17 NOV 99 -  Financial Irresponsibility. 
LOC, 26 OCT 99 -  Financial Irresponsibility. 
LOC, 03 SEP 99 -  Financial Irresponsibility. 
LOR, 29 AUG 99 -  Failure to go. 
LOCI 29 AUG 99 -  Leaving duty early due to lack of 
LOR, 27 AUG  99 -  Failure to obey a lawful order. 
LOA, 31 AUG  98 -  Failure to be available for duty. 

planning. 

f.  CM:  None. 

g.  Record of SV: 9 May  96 -  08 Jan 98  Cannon AFB  4  (Initial) 
9 Jan 98 -  08 Jan 99  Cannon AFB  3  (Annual) 

9 Jan 99 -  10 Dec 99  Cannon AFB  1  (Cmdr Dir)REF 

h.  Awards  &  Decs:  AFTR, AFGCM. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (10) Mos  (18) Das 

TAMS:  (3) Yrs  (7) Mos  (9) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Jan 04. 

(Change Discharge to Honorable and Change the Reason and Authority for 

Discharge) 

Issue 1:  I had two sexual harassment cases going on back to back.  I was 

removed from the engine shop by the Commander.  The Commander later asked me if 
I would like to return to the shop to continue training.  I told him that I 
would feel uncomfortable if I were to work in the same shop by the one 
individual that had been harassing me during the day.  He was punished and 
reprimanded but was allowed to continue working in the shop.  He had been in the 
Air Force a lot longer than I, so maybe that is why he remained and not me.  But 
I thought the Air Force believed in zero-tolerance for that behavior.  I wasn't 
given the chance to complete my training since he remained in the shop.  He 
worked in supplies, so I would always be in contact with him if I remained in 
the shop.  I was later placed in training status code "T".  I felt helpless so I 
signed my way out. 

ATCH 
None. 

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/32aiq&b8887 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 27th FIGHTER WING IACC) 

CANNON AIR FORCE BASE NEW MEXICO 

- _ - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - b  

' 27 CRS 

~ ~ M O ~ A N D U M  

FOR 

FROM:  27 CRSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for unsatisfactory 
performance, specifically, for unsatisfactory duty performance.  The authority for this action is 
AFPD 36-32 and MI 36-3208, paragraph 5.26.1. If my recommendation is approved, your 

. service will be characterized as honorable or general.  I am recommending that your service be 
characterized as general. 

2. My reasons for this action are: 

a.  During the Enlisted Performance Report rating period of 9 Jan 99 to 10 Dec 99, you failed 

to perform assigned duties, by not applying yourself in your upgrade training, and by being 
decertified on several core task requirements, as evidenced by AF Form 91 0 (Enlisted 
Performance Report), dated 10 Dec 99, (Atch 1 a).  Also, on 15 Nov 99, you were placed on 
training code statis "T" because of the inability to upgrade in the Jet Engine Intermediate 
Maintenance ( J E W  career field, as evidenced by a Memorandum Letter for 27 MSS/DPEO, 
dated 15 Nov 99, (Atch 1 a). 

b.  As evidenced by AF Form 797 (Job Qualification Standard Continuation/Cornmand JQS), 
you have been decertified on several task.  You show a lack in progress on your upgrade training, 
as evidenced by AF Form 623 (On-the-Job Training Record Continuation Sheet), (Atch lb). 

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 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.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain: ------. 

: at building 600, ext. 2915, on 
hours.  You may consult ,civilian counsel at your own expense. 

at 

I - - - - - -  

# \ 

i P 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today 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 on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You will complete a medical examination at the 27th Medical Group on 

Dec 99 at 0730. 

8.  Any personal infomation you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your unit orderly room. 

Commander, 27 CRS 

Attachments 
1 a.  AF Form 910, dated 10 Dec 99; Memorandum Letter for 27 MSSDPEO, dated 15 Nov 9 
1 b.  AF Form 797; AF Form 623a 
2.  Other Derogatory Data 
3.  Airman's Acknowledgment