- - - -
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI.)
GRADE
AFSNiSSAN
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TYPE GEN
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PERSONAL APPEARANCE
'OUNSEL
YES
No
X
NAME OF COUNSEL AND OR ORGANlUTlON
ADDRESS AND OR OHGANI%Al'ION OF COUNSEL
MEMBER SITTING
VOTE OF THE BOARD
HON
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GEN
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IJOTHC
I OTHER
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DENY
EXHIBrn OUNhP~rnW 1'0 %la WARD
I ORDER APPOINTING THE BOARD
1 APPLICATION FOR REVIEW OF DISCHARGE
I 1
2
3 1 LETTER OF NOTIFICATION
4
BRlEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SIJBMI'T'TEII A'l' 'I'IMF, OF
PERSONAL APPEARANCE
I
TAPE RECORDING OF PERSONAL APPEARANCE HE
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ISSUES
A94.11
I INDEX NUMBER
A72.00
HEARING DATE
1 16 Nov 2006
CASE NUMBER
I FD-2005-00083
APPLICANT'S ISSl'E AND THE BOARD'S DEClSlONAL RATIONAL ARE. DISCL!SSBD ON THE ATTACHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL RATIONA1.E
Case reviewed 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
I Names and votes will be made available to the applicant at the applicant's request.
TO:
I
SAFIMRBR
550 C STREET WEST. SIJITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
INDORSEMENT
w
DATE: 1 If 16J2006
FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING,3RD FLOOR
ANDREWS AFB, MD 20762-7w2
I
(EF-V2)
Previous edition will be used
1
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2005-00083
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance before the Discharge Review Board (DRB) but was unable
to appear and testify via video teleconference between Andrews AFB, MD and Travis AFB, CA on
16 November 2006 due to an unanticipated knee injury and surgery that took place on 15 November 2006.
A non-personal appearance records review board was performed in her absence.
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, i.e., was based on a "short
period of time" versus taking into consideration her full 61 months of service on active duty. The records
indicated the applicant received a General Court-Martial with three charges, to include: 1) failing to refrain
from using her government charge card by obtaining approximately $2,900.00 in cash for personal use; 2)
stealing about $3,600.00 from her unit's booster club fund; and 3) failing to pay a debt of $3,020.97 within
the timeframes required. The Board concluded the misconduct was a significant departure from conduct
expected of all military members and, as a result, 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.
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.
Issue 3 applies to the applicant's post-service activities. The DRB was pleased to see that the applicant was
doing well and has received numerous degrees and accolades for her job and community service. However,
no inequity or impropriety in her discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized her term of service.
Issue 4. The applicant cited her desire to receive an upgrade so that she's not limited in her ability to be
accepted into a doctorate program in neuropsychology or receive future licensing and employment. The
Board was sympathetic to the impact her current discharge may have on the applicant, but this is not a matter
of inequity or impropriety which would warrant an upgrade.
If the applicant 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 additional exemplary post-service accomplishments or
contributions to the community she deem 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.
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
FD-2005-00083
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH SRA)
3.. KATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Fairchild AFB, WA on 31 Jul
97 UP AFI 36-3208, para 5.52.3 (Pattern of Misconduct - Commission of Serious
Offense). Appeals for Honorable Discharge.
2. BACKGROUND:
a, DOB: 22 Sep 73. Enlmt Age: 18 6/12. Disch Age: 23 10/12. Educ: HS DIPL.
AFQT: N/A. A-82, E-62, G-62, M-49. PAFSC: 3S051 - Personnel Journeyman. DAS: 15
Jul 92.
b. Prior Sv: (1) AFRes 25 Mar 92 - 11 May 92 (1 Mo 17 Das) (Inactive).
15 Das, all AMS. A m - 12 Nov 92. A1C - 12 Sep 93. SrA - 12 May 95. EPRs:
5,4.
(2) Enlisted as AB 12 May 92 for 4 years. Svd: 3 Yrs 04 Mos
3. SERVICE UNDER REVIEW:
a. Reenlisted as SrA 27 Sep 95 for 6 yrs. Svd: 01 Yrs 10 Mo 05 Das, of
which AMS is 1. yr 07 Mos 12 Das (excludes 2 Mos 23 Das lost time).
b. Grade Status: AB - 28 Jun 97 (Court-Martial Order, 29 Jun 97)
c. Time Lost: 22 Apr 97 thru 13 Jul 97 (2 Mos 23 Das).
d. Art 15's: None.
e.
Additional: None.
f. CM: General Court-Martial Order - 22 Apr 97.
CHARGE I: Article 92.
Specification: On divers occasions between on or about 25 Mar
96 and on or about1 July 96, was derelict in the performance of
her duties in that she willfully failed to refrain from using
her government American Express charge card for other than
official purposes, as it was her duty to do. Plea: Guilty.
Findings: Guilty.
CHARGE 11: Article 121.
Specification: Did, between on or about 1 Sep 95 and on about 1
Dec 96, steal about $3,600.00 the property of the 92nd
Communications Squadron Booster Club. Plea: Not Guilty, but
Guilty of the LIO of wrongful appropriation. Finding: Guilty.
CHARGE 111: Article 134.
Specification: Did, between on or about 21 Aug 96 to 28 Sep 96,
dishonorably fail to pay a debt of $3,020.97, and from 29 Sep 96
to 20 Dec 96, dishonorably fail to pay $1,870.97 of said debt.
Plea: Guilty. Finding: Guilty. Sentence adjudged on 22 Apr 97:
To be confined for 6 months, to pay a fine of $2,000.00, and to be
further confined until said fine is paid, but not more than 6
months, in addition to the 6 months adjudged, and reduction to AB.
g. Record of SV: 12 Jan 9 5 - 11 Jan 96 Fairchild AFB 5 (Annual)
12 Jan 96 - 14 Oct 96 Fairchild AFB 5 (Annual
h. Awards & Decs: AFOUA, AFGCM, NDSM, AFLSAR, AFTR.
i. Stmt of Sv: TMS: (05) Yrs (01) Mos (14) Das
TAMS: (04) Yrs (11) Mos (27) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Jan 2005.
(Change Discharge to Honorable.)
Issue 1: Issues attached to brief.
ATCH
1. Applicant's Issues.
2. College Transcripts.
3. Training Statement.
4, Resume.
5. Assessments administered and interpreted.
6. Three Character Reference.
APPLICATION FOR THE REVIEW OF DISCHARGE
FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instrucrichs on Pages 3 and 4 BEFORE completing this 8ppIiCation.J
Form Approved
oMB NO. 0704-0004
Expires d u g 3 1, 2006
.I .
The public rsporrlnp burden for this colleotlon of informatlon la estimated to sveme 30 minutes per responw, including the Ume for reviewing Instructlons, asarching exlstlmg data sources.
gathering and melntalnlng the dats naeded. and completing and review in^ the collection of information. Send comments regarding this burden estlmata or any other aspact of thlS collection
of informatlon. lncludlng suggestions far reducing the burden, to the Department of Defenss, Exacutive Ssrvlcea and Communlcatlons Directorate 10704-0004). Respondent9 should be aware
that notwlthatnntllng any other provision of law. no person shall be subject to any penalty for failing w comply with a collection ot information if it d w s not display e currently valid OM8
control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON
BACK OF THlS PAGE.
PRIVACY ACT STATEMENT
- -
AUTHORITY: 10 U.S.C. 1553: E.O. 9397.
PRINCIPAL PURPOSEIS): To apply for a change in the characterization or reason for military discharge issued to an individual.
ROUTINE USE(S1: None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Social Security Number is strictly to assure proper identification-of the individual and appropriate records.
1. APPLICANT DATA (The oerson whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
a. BRANCH OF SERVICE (X one) 1
I !
b, NAME [Lasf, first, Middle Initial)
I
I c. GRADEIRANK AT DISCHARGE
I X I AIR FORCE
I MARINE CORPS
I COAST GUARD
d. SOCIAL SECURITY NUMBER
I ARMY
1 NAVY
D--:..
I
A
L.-..-....-..-...#
2. DATE OF DISCHARGE OR SEPARATION
(YWYMMDD) (If date is more than 15 years
ago, submit a OD Form 149)
1997073 1
OR SEPARATION
92 Cornm, Fairchild AFB, WA
L - - - - - - - - - - - - J
4. DISCHARGE CHARACTERIZATION RECEIVED (X one)
HONORABLE
x I GENERALIUNDER HONORABLE CONDITIONS
UNDW OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT (Special COUI--mania/ only)
UNCHARACTERIZED
OTHER IExplaln)
5. BOARD ACTION REQUESTED (X one)
% I CHANGE TO HONORABLE
I CHANGE TO GENERAL1UM)ER
HONORABLE CONDITIONS
CHANGE TO UNCHARACTERIZED
(Not applicrrbla for Air Force)
CHANGE NARRATIVE REASON FOR
SEPARATION TO:
I
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Page 3.1
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 14. See instructions on
I request that my discharge be upgraded to Honorable. My General discharge is based on a short time frame of my 61 months of
active duty. Outside of this time frame, my service was exemplary. I received honors, such as 15 AF Airman of the Year and 15
AF Personnel Manager of the Year, as well as, squadron level awards, Since my discharge from the Air Force I have been involved
in community services and have completed my education through my Master's Degree in Clinical Psychology. I chose this degree
7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMI~~ED ON (YYYYMMDD)
AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION. OR EVIDENCE.
8. IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Rem 17.
College Transcripts, Community Training, Resume, Letters of Recommendation andlor support,
If military documents or medical records are relevant to your case, please send copies.]
1
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s. TYPE OF R ~ v l E w REQUESTED (x one)
x
CONDUCT A RECORD REVIEW OF M Y DISCHARGE BASED ON M Y MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. I AND/OR fcounsel/representativel WllL NOT APPEAR BEFORE THE BOARD.
I ANDlOR (counseI/representat;ve) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON. D.C. MEIROPOLLTAN AREA.
I ANDlOR Icounsel/represantative) WlSH T 0 APPEAR AT A HEARING AT NO EXPENSETO
(enter city and starel
THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(NOTE: The Navy Discharge Review Board does not have a trave/ing panel.)
10.a. COUNSELIREPRESENTATIVE (If any/ NAME (Last, First, Middle Initial) AND ADDRESS I b. TELEPHONE NUMBER (Include Area Code)
(See Item 10 of the instructians about counsel/representative.)
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11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in questlon is that d a deceased or incompetent person. LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the appllcant. Indicate
the name (print)
SPOUSE
end relationship by marking a box below.
LEGAL REPRESENTATIVE
NEXT OF KIN
WIDOWER
WIDOW
12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE
.----- ....................
JForward notification of any change in address.,! - - - - - - - - - - - - -
----- ----------
c. E-MAIL
d. FAX NUMBER (Include Are8 Code)
I
b. TELEPHONE NUYREa J l w J ~ d d ~ AmaLpde)
C. E-MAIL :
L.-....-..-....-:
-------------------
d. FAX NUMBER (Include Area Code)
I
13. CERTIFICATION.
I make the foregoing statements, as pan of my claim, with full knowledge of the
penaltles involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 2 8 7
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 yeers,
or both.)
a. SIGNATURE - REQUIRED (Applicant or person in hem 1 1 above1
.------------------------------- b. DATE SIGNED - REQUIRED
(YYYYMMDD)
I -------------------------------.
DD FORM 293, MAR 2004
PREVIOUS EDITIONS ARE OBSOLETE.
I 90050124
CASE NUMBER
(Do nor write in this space.)
C h ~ D D < -
1 1 2 - - w
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Page 1 of 4 Pages
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F D W 5
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14. CONTINUATION OF ITEM 6. ISSUES (If appticabte)
to be able to continue my service to the community. Since separating from the Air Force I have not been fired from any job, nor
have I been in trouble with any police agency. There is not a day that goes by that my past poor choices do not cross my mind. I
regret what I have done and am trying to do the best that 1 can for myself, my family, and my community. I wish to apply for
doctorate programs in the arena of neuropsychology. I f e l that having this discharge will inhibit acceptance into a good program,
future licensing, and obtaining employment, I know my choices and behaviors that led up to my discharge were disgraceful and of
questionable integrity, and 1 am truly sorry for them. I have learned from these mistakes and think about them often when making
choices now. Thank you for your consideration.
15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)
16. REMARKS Ilf applicable)
MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.
ARMY
Army Review Boards A ~ e n c y
Supporn Division, St. Louis
9700 Page Avenue
St. Louis, MO 631 32-5200
(See http://arba.army.pentagon.mil)
AIR FORCE
Air Force Review Boards Agency
SAFIMRBR
550-C Street West, Suite 40
Randolph AFB, TX 78 1 50-4742
NAVY AND MARINE CORPS
Naval Council of Personnel Boards
720 Kennon Street, S.E.
Room 309 (NDRB)
Washington Navy Yard, DC 20374-5023
U.S. Coest Guard
Commandant' (G-WPM)
2100 Second Street, S.W. Room 5500
Washington, DC 20593
DD FORM 293, MAR 2004
Page 2 of 4 Pages
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CONCLUSIONS: The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient basis, as an act of clemency, for change of discharge. APPLICATION FOR THE REVIEW OF DISCHARGE FROM THE ARMED FORCES OF THE UNITED STATES (Please read instructions on Pages 3 and 4 BEFORE completing this application.) Plea: G. in din^: G. j United States Air Force, 06 June...