AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

uNBk 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

TY:GEN 
Y E S  

I 

No 

MEMBER SITTING 

GRADE 

:
1
SRA 
X  I  RECORDREVIEW 

AFSNISSAN 
--------------- 

 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  

ADDRESS AND OR ORGANlZATlON  OF COUNSEL 

I 

I 

EXHlBlTS SUBMITTED TO THE BOARD 

I 

1. 
2 
3 
4 

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

TAPE RECORDING OF PERSONAL APPEARANCE 

J 

I 

1  HEARING  D
1  20 Jun 2006 

c

 

I 

I 

I 

APPLICAW'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE  DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONALRATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

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

550 C STREET 

CE PERSONNEL COUNCIL 

mi 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00274 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB).  The applicant 
scheduled a personal appearance but failed to attend, so the Board heard the case in her absence. 

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

FINDINGS:  The Board grants the requested relief. 

ISSUE: 

Issue 1.  Applicant contends discharge was improper because her former spouse is responsible for the actions 
that took place.  The records indicated the applicant received three Letters of Counseling (LOCs) for 
financial irresponsibility, an unspecified domestic disturbance, absence from duty and missed appointments. 
It was unclear whether the applicant received permission to be absent from duty or to miss these 
appointments.  A fourth letter counseled the applicant not to request excessive time off.  The records also 
indicate the respondent married her former spouse during the enlistment in question.  While the information 
on record does not directly contradict the applicant's  claim that her former spouse is responsible for the 
offenses, the applicant provided no evidence to support her claim.  The Board found no impropriety in the 
case. 

Issue 2.  The applicant cited her desire to move on with her life in a positive light, and the difficulty of 
finding employment with a general discharge.  The Board was sympathetic to the impact of the discharge on 
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

Issue 3.  On its own initiative, the Board found a general discharge to be too harsh after considering the 
conduct of the applicant and the responses taken by her chain of command.  One of the LOCs was not 
disciplinary in nature and documented no misconduct by the applicant.  While the misbehavior of the 
applicant and her undistinguished duty performance warranted discharge, the Board found an honorable 
service characterization to be more appropriate.  The Board noted the applicant's  chain of command failed to 
utilize progressively more serious disciplinary responses to the applicant's  behavior.  This could have led the 
applicant to believe her actions were not considered to be serious,  In addition, the LOCs provided scant 
detail about the underlying incidents.  The LOCs appeared to have been written after the fact as a way of 
justifying discharge, rather than being used as a rehabilitative tool.  One of the LOCs notes that the squadron 
section commander had previously recommended discharge, but was rebuffed.  The LOC regarding a 
domestic disturbance gave no information about the severity of the disturbance, its impact, or even the 
applicant's involvement.  The only misconduct on the part of the applicant clearly shown by the record 
comprised one bad check and one missed dental appointment.  The Board also considered the fact the 
applicant served for 2 years and 4 months prior to her first infraction.  Despite the broad authority of 
commanders over administrative discharges, the Board found a general discharge to be too harsh in this case, 
given the meager record of misconduct. 

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. 

However, in  view  of  the  foregoing  findings, the  Board  further  concludes  that  the  overall  quality  of  the 

applicant's  service is more accurately reflected by  an Honorable discharge.  The applicant's  characterization 
should be changed to honorable under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE ATR FORCE 

AXR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AE'B,  MD 

(Former SRA) (HGH SRA) 

...-..-..-..-....-.--------J 
1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Scott AFB, IL on 19 Jul 93 UP 
AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 May 70.  Enlmt Age: 19 5/12.  Disch Age: 23 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-48,  G-52,  M-12. PAFSC: 90650 - Health Services Management 
Support Specialist. DAS: 12 Oct 90. 

b.  Prior Sv: (1) AFRes 26 Oct 90 -  01 Feb 90 (3 months 6 days) (Inactive). 

3.  SERVTCE UNDER REVIEW: 

a.  Enlisted as AB 02 Feb 90 for 6 yrs. Svd: 03 Yrs 05 Mo 18 Das, all AMS. 

b.  Grade Status:  SrA -  10 Sep 92 
A1C -  21 Mar 90 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOCI 27 MAY 93 -  Domestic disturbance. 

LOC, 21 J A N   93 -  Loud music coming from quarters. 
LOCI 21 JAN 93 -  Failure to keep scheduled appointments. 
LOC, 21 JAN  93 -  Leaving place of residence when placed on 

LOC, 19 OCT 92 -  Financial irresponsibility. 
LOCI 29 JUN 92 -  Requesting excessive number of days off to 

quarters. 

take care of personal problems. 

f.  CM:  None. 

g.  Record of SV: 02 Feb 90 -  01 Oct 91  Scott AFB  3  (Initial) 

02 Oct 91 -  30 Apr 92  Scott AFB  3  (CRO) 
31 Mas 92 -  01 Dec 92  Scott AFB  2  (CR0)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (08) Mos  (24) Das 
TAMS:  (03) Yrs  (05) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 05 J u l   05. 

(Change Discharge to Honorable) 

Issue 1:  This discharge was improper because my spouse (at the time) is 
responsible for the actions that took place.  I am no longer married to this 
individual (have been separated since 1/6/96 &  divorced since 2000.  I would 
like to move on with my life in a positive light.  Also, 1 am applying for a 
correctional officer position in the county in which I live.  I have since been 
remarried and would like to have a new start on life. 

ATCH 
1. Divorce Decree. 

FROM:  USAF '~edi c&l. center Scot t/SGQ 

SUBJ:  Notification Letter 

TO:  i 

1.  I am recommending your discharge from the United States Air 
Force for minor disciplinary infractions.  The authority for this 
action is AFR 39-10, paragraph 5-46.  If my recommendation of 
discharge is approved, your service may be characterized as 
Honorable or General.  I am recommending that your service be 
characterized as general. 

- 

2.  My  reasons for this action are: 

a.  On 26 May  1993, you were engaged in a domestic 

disturbance at your place of residence and failed to return to 
your duty section at the appropriate time.  For this action you 
received a Letter of Counseling (LOC) dated 27 May  1993. 

b.  Numerous complaints received cancerning loud noise caming 

from your quarters, for which you received a LOC dated 
21 Jan 93. 

c.  Failure to keep scheduled appointments with base 

agencies for which you received a LOC dated 21 Jan 93. 

d.  Leaving your place of residence when placed on quarters 

for which you received a LOC dated 21 Jan 93. 

e .   On  12 Dec 92, you uttered check # 3 7 5 ,   in the amount of 

..  $412.10,  to Harterrs Hobby House on an account you closed on 

3 Sep 92. 

f.  Failing to manage your finances for which you received a 

LOC dated 19 Oct 92. 

g.  Requesting an excessive number of days off to take care 

of personal problems for which you received a LOC dated 
29 June 1992. 

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.  If you axe discharged, you will be ineligible for 
reenlistment in the Air Force. 

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 with the Area Defense Counsel, 

--..-.-..-..-..-... 
capt i ,-..-....-..-..-... 
hours.  You may consult civilian counsel at your own expense. 

: 11  Building P-7, on  22 Tor\  9 3  

, at  /+DO 

5.  You have been scheduled for a medical examination.  You must 
report to USAF Medical Center Scott  Physical Examinations 
section, at  c ? , M / <  on  2 2  . t r h 9 3  
for the 
examination. 

6.  You have the right to submit statements in your own behalf. 
Any statements you want the separation authority to consider must 
reach me by $C/r#n 93/  1200 
extension for good cause shown.  I will  send them to the 
separation authority. 

unless you request and receive an 

7.  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. 

8.  Any personal  informat ion you furnish in rebuttal is covered 
by  the Privacy Act Statement as explained in AFR 39-10, 
Attachment 2.  A  copy of.AFR 39-10 is available for your use in 
the squadron orderly room. 
................................................... 

~ - . - . . - . . - . . - . - . . - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - m  

Commander, Medical Squadron Section 

5  Atch 
1.  LOC dated 27 May 93 
2.  LOC dated 21 Jan 93 
3.  Atty ltr w/copy  of bad 

chk dated 29 Jan 93. 

4.  LOC dated 19 Oct  92 
5.  LOC dated 29 June 92