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AIR  FORCE 1)ISCHAKC;E  REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVlEW 

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ADURFSS AND OR OR(iANUATI0N OF COIJNSEL 

VOTE OF THE BOARD 

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EXHIBITS SElBMlTTED TO ?'RE BOARD 
ORDER APPOlN  I  ING I'HE  BOARD - 
NPLICA'TION  FOR REVIEW OF LIlSCIlARCiE L 
3  (  LtTTER O F  NOTIFICATION  -. 
4. 1  BRIEF OF PERSONNEL Fll.1: 

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'  BEARIN(;  UArE 

( ASE NUMBER 

APPLICANT'S  CONTENTIONS 

EXHIBITS S ~ J B M J ' I " ~ ' E D  A'l' 'TIME  01; 

PERSONAL APPEARANCE 

I  TAPE RECORDMC; O F  PERSONAI,  APPEARANCE 

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23 .Jan 2006 
AIVLICANY ' S  ISSUB AWW  1.m I E 7 5 W S  DEClSlONAL RATIONAL AFZ DlSrU53ED ON THE AT? ACHED AIR FORCE D I S ~ H A ~ G E R E V I E W  BOARD DECISIONAL RATIONALE 

FD-2005-00257 

Case heard via video teleconference between  Andrews AFB, MD and St. Augustine, 1:L. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without  counsel, and the right to 
submif an application  to the AFRCMR, 

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

550 C STRFEl' WEST. SUITE 40 
KANWLPkI AFR,  I X  78 150-4732 

SECRETARY O F  TllE AIR FORCE PLRSONNLL COUN('1L 
AIR  PORCE DISCHARGC  RLVlEW  BOARD 
1535 COMMAND DR. EE  WING, 3RU  FLOOR 
ANDRLWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition w 11 l be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FDd2005-00257 

GENERAL:  The applicant appeals for  ilpgrade  of discharge  to  honorable  and to  change the  reenlistment 
code. 

The applicant appeared and testified before  the Discharge Review Board (DRB), without counsel, via vidco- 
teleconfkrence between St. Augustine, FL and Andrews AFB. h4l) on 23 Jan 2006. No witnesses lestified  on 
the applicant's behalf. 

No additional exhibits were submitted at the hearing: 

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

FINDINGS:  Upgrade of discharge and change of reenlistrlient code are denied. 

l'he  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 her discharge was inequitable because it was based on her supervisor's personal 
dislike of her.  The records indicated the applicant's discharge was based on an Article  15, a vacation action, 
three Letters of Reprimand, and two Records of lndividual Counseling.  In addition, her records indicate she 
received one Letter of Reprimand and two Letters of Counseling at her Technical Training School, which 
were not referenced in her discharge.  Thc applicant raised a similar allegation to the AFWAIIG prior to her 
discharge.  AFWAIIG found there was no discriinination based on sex, religion, or race.  AFWA/IG stated 
"thcre may have been inappropriate conduct by the supervisor, but not improper conduct that would violate 
an identifiable directive, instruction, written policy, rule, [or] statute."  AFWAJIG may have forwarded the 
issue to command channels (the record is not clear), but the applicant provided no evidence to show any 
inappropriate conduct was substantiated.  Her testimony at the board hearing failed to convince the board she 
had been mistreated.  The applicant largely admitted to the specific events which formed the basis of her 
discharge.  Moreover, the DRB opined that through numerous administrative actions, the applicant had 
ample opportunities to change her negative behavior.  The Board concluded the misconduct was a significant 
departure from the conduct expected of all military members.  'The characterization  of the discharge received 
by the applicant was found to bc appropriate. 

lssue 2.  Applicant states that her discharge did not take into account the good things she did while in the 
service, including her volunteer work. The DRB noted the applicant's duty performance as documented by 
her one Enlisted Performance Report and her testimony  to the board.  They found the seriousness of the 
willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the 
discharge was appropriatc for the reasons which were the basis for this case. 

Issue 3.  Applicant contends that she should not be penalized indefinitely for mistakes she made when 
young.  The DRR recognized the applicant was 2 1 years of age when the discharge took place.  However, 
there is no evidence she was immature or did not know right from wrong.  She enlisted at the age of  19 years 
and  10 months, and worked in an accounting job prior to joining the Air Force.  The Hoard opined the 
applicant was older than the majority of first-term members who properly adhere to the Air Force's 
standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was 

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appropriate due to the misconduct. 

Issue 4.  ?'he applicant's record suggested a problem wilh alcohol, including an arrest by  civilian authorities 
for drunk and disorderly conduct and an AIIAP'I'  referral.  The applicant successfully completed the ADAPT 
program, denies a drinking problem, and is voluntarily attending weekly Alcoholics Anonymous meetings 
because it provides her with a positive support group.  The DRB concluded the applicant's  use of alcohol did 
not render the characterization of her discharge inappropriate. 

CIONCLUSIONS:  The  Uischarge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive req~lirctllents of the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the applicant was provided full admillistrative 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 Rrief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Offutt AFB, NE on 02 Aug  02 
UP AFI 36-3208, para 5.50.2 -  (Pattern of  isc conduct  -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 13 Nov 80. Enlmt Age: 19 10/12.  Disch Age: 21 8/12. Educ: HS DIPL. 

A-63,  E-52,  G-46,  M-30. PAFSC: 2S031 -  Supply Management 

AFQT: N / A .  
~pprentice. DAS: 04 Jun 01. 

b.  Prior Sv: (1) AFRes 18 Sep 00 -  03 Oct 00 (16 days) (Tnactive) 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 04 Oct 00 for 4 yrs. Svd: 01 Yrs 09 Mo 29 Das, of which 

AMS is 01 yr 09 months 28 days  (excludes 1 day lost time). 

b.  Grade Status:  Amn -  08 May 02  (.Article 15, 08 May 0 2 )  

A1C -  1 2   NOV 00 

c.  Time Lost:  13 Feb 02 thru 14 Feb 02  (1 day). 

d.  Art 15's:  (1) 26 Jun 02, Vacation, Offutt AFB, NE -  Article 86.  You, 
who knew of your duties, on divers occasions, between on 
ox about 1 May 02 and on or about 31 May 02, were 
derelict in the performance of those duties in that you 
willfully duplicated Forms 64, instead of locating the 
original Forms 64, as it was your duty to do.  Eleven 
days extra duty. (No appeal) (No mitigation) 

(2) 08 May 02, Offutt AFB, NE -  Article 86.  You, did, on 

or about 18 Apr 02, without authority, go from your 
appointed place of duty.  Article 92.  You, who knew of 
your duties, on or about 18 A p r   02, were derelict in the 
performance of those duties in that you willfully failed 
to secure the XPR Supply Store upon leaving, as it was 
your duty to do.  Y n i ~ .  havinrr  knowledge of a lawful 
order issued by3 
of your whereabouts at all times, an order which it was 
your duty to obey, did, on or about 18 Apr 02, fail to 
obey the  s a m p   hv  l e a ~ r i n r r  t h e   XPR Supply Store without 
notifying 
Fourteen days extra duty  (all but 3 days suspended). 
Reprimand. (No appeal)  (No mitigation) 

,  Reduction to Airman. 

to keep him informed 

c .   Additional: RIC, 02 JUN 04 -  Not prepared to take CDC End of Course 

LOR, 12 JUN 02 -  Disrespect to an NCO. 
LOR/CR/UIF, 22 FEB 02 -  Pattern of Misconduct  (Assault, 

Exam. 

RIC, 19 DEC 01 -  Dereliction of duty. 
LOR, 02 AUG 01 -  Failure to obey a lawful order. 

Disorderly Conduct ...) 

f  .  CM:  None 

g.  Record of SV: 05 Oct 00 -  04 Jun 02  Offutt AFB  1  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (15) Das 
TAMS: (01) Y r s   (09) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 May 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Documents Concerning Disciplinary Actions &  Responses. 
3 .   Enlisted Performance Reports. 
4. Notification Memorandum. 
5. Complaint Referral. 
6. Ten Character References. 
7 .  Letter of Appreciation. 
8. Three Certificates of Appreciation. 
9 .   Training Certificate. 

To Whom It May Concern: 

I'm  requesting an upgrade of my discharge.  My discharge was inequitable because it was 
based on a personal dislike of me and not on my duty performance.  After reviewing this 
letter and attached documentation, I hope you will see exactly how unjust this discharge 
was and why I deserve an upgrade. 

The documentation compiled in the" Notification for Discharge" does not reflect my true 
performance or abilities during my time in service, nor does it give a complete picture of 
the circumstances surrounding events that were eventually used in my discharge package. 
Although some of these actions have a basis in truth, most were blown way out of 
proportion to justify my discharge. 

All the documentation I've attached to this package was written at the exact time of the 
incident. I have highlight items I believe are of special interest and have made comments 
on those pages. 

I would also like to point out that I made many requests to be transferred either to another 
section or another unit in an effort to prove myself and save my career, but those requests 
were turned down.  I didn't have a problem before I came to this unit.  I wasn't  given a 
fair chance. 

While assigned to AFWA I was cussed at by my supervisor, harressed by my 
commander, followed by members of the unit, and constantly told I was no good.  I 
wasn't  given proper training and I was never liked.  This caused me great stress.  I accept 
responsibility for my actions but I shouldn't be punished for their mistakes or dislike of 
me.  I stopped fighting for my career when it became obvious to me that there was no one 
who would give me the opportunity to show what I could do,  They beat me down until 
m y  only option was to leave with whatever dignity I had left. 

I would appreciate your thoughtful consideration of my request.  Your work is greatly 
appreciated. 

Sincerely 

Attachments: 

1.  LOR dated 2 Aug 01 

2.  Response to LOR date 5 Aug 01 
3.  Memo for Record dated 5 Dec 01 
4.  Memo for Record dated 15 Dec 01 
5.  LOR dated 22 Feb 02 
6.  LONControl Roster dated 22 Feb 02 
7.  Memo for Record dated 21 Mar 02 
8.  Record of Individual Counseling dated 4 Jun 02 
9.  Letter of Reprimand dated 12 Jun 02 
10. Referral EPR dated 12 Jun 02 
1 1. EPR dated  12 Jun 02 
12. Response to LOR dated  14 Jun 02 
13. Record of Vacation Action dated 19 Jun 02 
14. Response to Vacation Action dated 2 1 Jun 02 
15. Letter of Notification dated 12 Jul 02 
16. Statement to Change Discharge dated 14 Jul02 
17. Memo for Record dated 26 Jul02 
18. Complaint Referral dated 29 Jul02 
19. Volunteer Activity List, Jun 01 - Feb 02 
20. Character Statements 
2 1. Certificates 

I 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS, 
OFFUlT AIR FORCE BASE, NEBRASKA 

5 5 T ~  WING (ACC) 

\ 

MEMORANDUM FOR Arm 

FROM:  AFWMCCQ 

SUBJECT:  Letter of Notification 

1 2  JUL  2002 

, AFWA (ACC) 

1.  I am recommending your discharge from the United States Air Force for Misconduct--Pattern 
of Misconduct,  The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 
paragraph 5.50,2,  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am reconmending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  On 26 July 2001, you failed to obey a lawful order by going from your appointed place of 

duty and leaving the supply office unattended.  For this incident you received a Letter of 
Reprimand, dated 2 August 2001.  (Atch 1 - 1) 

b.  On  13 December 2001, you failed to obey a lawfid order by leaving the supply office 
unattended.  For this incident you received a Letter of Counseling, dated 19 December 2001. 
(Atch 1-2) 

c.  Between 15 January 2002 and 22 February 2002, you were derelict in the performance of 
your duties by not completing your monthly card statement in a timely manner; on 13 February 
2002 you assaulted another airman and you were drunk and disorderly which caused you to be 
placed in civilian confinement; on 22 February 2002, you failed to go to your appointed place of 
duty; and on 22 February 2002, you were insubordinate toward a noncommissioned officer.  For 
these incidents you received a Letter of Reprimand, dated 22 February 2002.  In addition, you 
were placed on a Control Roster, dated 22 February 02, with this action.  (Atch 1-3) 

d.  On 18 April 2002, you left your appointed place of duty and twice failed to obey a lawful 

order.  For these incidents you received an Article 15, dated 8 May 2002, with reduction to the 
rank of Airman, 14 days extra duty, of which all but three (3) days suspended thru 7 November 
2002, and a reprimand.  (Atch 1-4) 

e.  On 29 May 2002, you were not prepared to take your CDC test and therefore it had to be 

rescheduled.  For this incident you received a Letter of Counseling, dated 2 June 2002. 
(Atch 1-5) 

f.  On  11 June 2002, you were disrespectful in language and deportment toward a 

noncommissioned officer.  For this incident you received a Letter of Counseling, dated 12 June 
2002.  (Atch 1-6) 

g.  On 19 June 2002, you were derelict in the performance of your duties for unauthorized 

duplication of forms.  For this incident you received a Vacation of Nonjudicial Punishment, 
dated 26 June 2002, consisting of eleven (1 1) extra duty days.  (Atch 1-7) 

3.  Copies of the documents to be fonvarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force and probably any other 
branch of the military. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appoin 
31dg 323C, Room 
. You may consult civilian counsel at 
302, Phone 4-3939, at 
your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me by-dess 
receive an extension for good cause shown.  I will send them to the separation authority. 

you request and 

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 have been scheduled for a medica  examination.  You must report to the 55th Medical 
, at /M 1 5 on 
~ r o u ~ ,  PQJ fm 
your medical records pior to your appo!ntrn 

r the examination.  Please pick up 

8.  You have been scheduled for an initial separation appointment.  You must report to the 55th 

and Retirements Section, Room 235, Bldg 323C, at 

with your escort. 

9.  You have been scheduled for a pre-separation briefing.  You must report to the Family 
Support Center at 

for the briefing. 

on 

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

1 1 .   Execute the acknowledgment provided and return it to me immediately. 

Commander, Headquarters Se 

USAF 

Attachments: 
Atch 1 - 1 ; LOR, dated  2 Aug 0 1 
Atch 1-2; LOC, dated 19 Dec 01 
Atch 1-3; LOR, dated 22 Feb 02 
Atch  1-4; NJP, dated 1 8 Apr 02 
Atch 1-5; LOC, dated 2 Jun 02 
Atch 1-6; LOC, dated 12 Sun 02 
Atch 1-7; Vac, dated 8 May 02