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Decision Text

AF | DRB | CY2006 | FD2005-00260
Original file (FD2005-00260.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORDREVIEW 

A1C 
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NAME O F  COUNSEL AND OR ORCANUATION 

ADDRESS AND O R  ORGANIZATION O F  COllNSEL 

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No 

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MEMBER SITTING 

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ISSUES  A94.05 

INDEX NUMBER 

A67.00 
A67.10 

VOTE OF THE BOARD 

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GEN 

1  UOTHC 

1  OTHER 

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DENY 

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EXHIBITS SIIBhfITTED TO THE BOARD 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 

CASE NUMBER 

19 Apr 2006 
APPLICANT'S  ISSUE AND THE BOARD'S 

FD-2005-00260 

DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DlSCHARGEREVlEW  BOARD DECISIONAL RATIONALE 

Case heard at 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. 

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TO: 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

CUDORSEIIENT 

FROII: 

DATE:  4/21/2006 

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.. 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS 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-2005-0026,) 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

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 the  applicant  submitted  no  issues  contesting  the  equity  or propriety  of the  discharge, and 
after a thorough review  of the  record, the  Board was  unable to  identify any that  would justify  a change  of 
discharge. 

ISSUE: 

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant 
received three Letters of Reprimand, a Letter of Admonishment and four Records of Individual Counseling 
(RIC's) for misconduct.  Applicant received a LOR and placement on the Unfavorable Information File as a 
result of a civilian arrest for Driving Under the Influence of alcohol.  The second LOR was for disorderly 
conduct while on station resulting in apprehension by  security forces; and the third for drunk and disorderly 
conduct.  Further misconduct was documented by receiving four RIC's  for missed appointments, failure to 
prepare for a test, late reporting to work and security violations (leaving dorm room unsecured).  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. 

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. 

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 A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Laughlin AFB, TX on 8 Sep 04 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Jul 84.  Enlmt Age: 18 0/12.  Disch Age: 20 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-46,  G-48,  M-32. PAFSC: 4M031 - Aerospace Physiology 
Apprentice. DAS: 5 Jan 03. 

b.  Prior Sv: (1) AFRes 01 Aug 02 -  19 Aug 02  (19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 20 Aug 02 for 4 yrs. Svd: 02 Yrs 00 Mo 19 Das, all AMS. 

b.  Grade Status:  A1C -  23 Mar 04 
Amn -  20 Feb 03 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 09 AUG 04 -  Drunk and disorderly. 

RIC, 27 MAY 04 -  Failure to attend Mandatory Fitness 

Training and late for work. 

RIC, 20 MAY 04 -  Dorm room window found unsecured. 
LOR, 27 FEB 04 -  Disorderly on station. 
RIC, 02 FEB 04 -  Failure to prepare the JAPI Physiology 

test. 

LOA, 30 OCT 03 -  Dorm room window and door left unsecured. 
RIC, 23 OCT 03 -  Missed medical appointment. 
LOR/UIF/CR, 16 SEP 03 -  Civil arrest for DUI. 

f.  CM:  None. 

g.  Record of SV: 20 Aug 02 -  19 Apr 04  Laughlin AFB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (08) Das 
TAMS: (02) Yrs  (00) MOS  (19) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Jun 05. 

(Change Discharge to Honorable) 

Issue 1:  I excelled in my proffesion (sic) while with the USAF.  I was an 

avid volunteer.  I also overachieved in knowledge of my career field.  My 
records should indicate that I was an excellent asset to the Air Force.  I 
believe I deserved an Honorable discharge because I did my job well.  I followed 
all the rules and exemplified an excellent airmen  (sic).  I believe my down fall 
(sic) was being young &  inexperienced.  However, I learned greatly from my 
mistakes because of my impeccable leadership. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

AIR  EDUCATION AND TRAINING COMMAND 

24 August 2004 

MEMORANDUM FOR AlC: 

147 ADS 

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FROM: 47 ADSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 
Minor Disciplinary Infi-actions.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.49. If my recommendation is approved, your service will be characterized 
as an Under Honorable Conditions (General) Discharge. I am recommending that your 
service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

a.  On or about 23 August 2003, you were arrested in Del Rio, Texas and charged with 

driving while intoxicated.  This is evidenced by the Letter of Reprimand dated 16 
September 2003, establishment of an Unfavorable Information File and placement on 
a control roster. 

b.  On 20 October 2003, you failed to go to a scheduled dental mobility exam 

appointment at the 47 MDO dental clinic.  This is evidenced by the Record of 
Individual Counseling dated 23 October 2003 and an entry made in your existing 
Unfavomble Information File. 

c.  On 28 October 2003, the door and window of your dormitory room was left 

unsecured.  This is evidenced by the Letter of Admonishment dated 30 October 2003 
and an entry made in your existing Unfavorable Information File. 

d.  On 15 January 2004, you failed to prepare the JAPI Physiology test prior to test day. 
Additionally, on 16 January 2004, the master test and answer key were not properly 
filed.  This is evidenced by the Record of Individual Counseling dated 2 February 
2004 and an entry made in your existing Unfavorable Information File. 

e.  On 2 February 2004, you were involved in a loud verbal altercation with another 

Airman.  Subsequently, you were apprehended by Security Forces.  This is 
evidenced by the Letter of Reprimand dated 27 February 2004 and an entry made in 
your existing Unfavorable Information File. 

f.  On  18 May 2004, your window was found unlocked during a 47 ADS NCOIC spot 
inspection.  This is evidenced by the Record of Individual Counseling dated 20 May 
2004 and an entry made in your existing Unfavorable Information File. 

g.  On 21 May 2004, you failed to attend Focus on Resistance and Circuit Exercise 

(FORCE).  This is evidenced by the Record of Individual Counseling dated 27 May 
2004 and an entry made in your existing Unfavorable Information File. 

h.  On 25 July you were drunk and disorderly.  This is evidenced by the Letter of 

Reprimand dated, 9 August 2004 and an entry made in your existing Unfavorable 
Information File. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the United States 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 and any special pay, 
bonus, or education assistance funds may be subject to recoupment. The separation authority 
will make the findings and recommendations required under 10 U.S.C.  Section 2005(g). 

3.  You have the right to consult counsel.  Military legal c q g 4 - ~ b ~ - ~ p _ b ~ a i n e d  
to assist 
;at 2000 Bong 
you.  I have made an appointment for 
Avenue, Suite 2, (DSN 473-2925) on@iugust  2004, at l SO0 hours.  You may consult 
civilian counsel at your own expense. 

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4.  YOU have the right to submit statements in your o 
the separation authority to consider must mach me b 
and receive an extension for good cause shown.  I w 

statements you want 

unless you request 
e separation authority. 

5.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

6.  You have been schedule 
Group, 590 Mitchell Blvd 

cal examination.  You rrmst report to 47th Medical 
2004, at 1400 hours for the examination. 

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

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Commander 

Attachments: 
1. Letter of Reprimand (16 Sep 03) 
2.  Record of Individual Counseling (23 Oct 03) 
3.  Letter of Admonishment (30 Oct 03) 
4. Record of Individual Counseling (2 Feb 04) 
5.  Letter of Reprimand (27 Feb 04) 
6.  Record of Individual Counseling (20 May 04) 
7.  Record of Individual Counseling (27 May 04) 
8.  Letter of Reprimand (9 Aug 04) 
9.  Unfavorable Information File Summary 



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