AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A M F   W R V ~ ~ F  MFMRF'R 11  ACT  EIPQT n f l r r t n ~  r IYITIAI,) 

TYPE CE;N m- PERSONAL APPEARANCE 

N4ME OFCOUNSFI, AND OR ORG4NlZAIlON 

'OUNSEt 

GRADE 
1  SRA 

RECORD REVIEW 

4UDRESS AND OW  ORGANIZATION OF C OUNSLL 

MEMBER SITTING 

7 -- 

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HC)N 

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VOTE OF TgE BOs?iRD  -- 

I  UOTHC 

1  OTHF,K 

GEN 

1  DENY 

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ISSUES  A94.06 

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INDEX NUMREK 

A61.00 

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'~XHIBIT~ SIJ~MJTTXD 
1  ORDER APPOINTWG TI IE BOARD 

.TO"I"&E  BOAR^ 
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1  2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF No'fIFICATION 

PERSONAL APPEARANCE 

24 Jan 2006 
APPLICANT'S lSSUE AND WE BOARD'S DECl5lONAL RATJONnL ARE DlSCUSSU) ON T%,ATTAcNED  AIR &RCp  DISCHARGE REVIEW BDk&DDECISIONAL kkTiONAL\LE 

FD-2005-00295 

Casc heard  via video-teleconference betwccn  St Augustine,  FL and Andrews AFB, MD. 

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. 

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

550 C STRFt* I  WEST, SUlTE 40 
RANDOLPH M B ,  TX  78150-4742 

SLCRETARY OF THE AIR FORCE PERSONNEL C OUNCll 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3Rn FLOOR 
ANDlZEWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DlSCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

~~-2()05-002Y&j 

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

'She applic,mt  appeared and testified before the Discharge Review Board (DRB), without  counscl, via video- 
teleconference between  St. Augustine, FL and Andrews AFB, MD on 24 Jan 2006. 

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

FIN1)JNGS:  Upgrade  of discharge is granted  but change of reason and authority for discharge and change 
of reenlistment code are denied. 

'l'he  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge. 
IIowever,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's discharge service characterization inequitable. 

ISSUE: 

Issue.  Applicant contends her scrvice characterization was inequitable because it was too harsh.  Under the 
particular facts of the applicant's  case, the DKH agrees.  According to her, the applicant was engaging in 
activity she believed to be lawful and was trying to comply with Air Force regulations governing off-duty 
employment.  In light of t l ~ c  laudatory colnnlents included with her package, the DRB decided that an under 
honorable conditions (general) service characterization was too harsh and that the applicant's  service was 
most appropriately  characterized  as being honorable.  The DRH declined to change the reason for the 
applicant's discharge or to alter the RE code.  While her service was honorable,  she was properly discharged 
for the civilian conviction and the current RE code is proper. 

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  iindings,  the  Board  concludes  that  the  overall  quality  of  applicant's 
service is more accurately reflected  by  an honorable  discharge.  The applicant's  characterization should be 
changed to honorable under the provisions of Titlc 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

A I R   FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch f r   Langley AFB,  VA on 30 Apr 98 
UP  AFI 36-3208, para 5.51 (Civilian Conviction).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 11 May 75. Enlmt Age:  18 8/12.  Disch Age: 22 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-63,  G-55,  M-40. PAFSC: 4N151 -  Surgical Services 
Journeyman. DAS: 15 Feb 9 5 .  

b.  Prior Sv:  (1) AFRes 8 Feb 94 -  3 Jun 94 (3 months 27 days) (Inactive). 

26 days, all AMS. 

( 2 )   Enlisted as AB  4 Jun 94 for 4 yrs.  Svd: 3 yrs 3 months 
Amn  -  Unknown.  A1C -  3 Oct 9 5 .   SrA -  3 Jun  9 7 .   EPRs: 4 , 3 .  

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 1 Oct 97 for 4 yrs. Svd: 00 Yrs 06 Mo 30 Das, all 

m s  . 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: Civilian Conviction, 9 JAN 98 -  Performed, promoted, 

presented, managed, directed, carried on or participated in 
obscene exhibitions or performances.  Further, intentially 
made or procured another to make an obscene display of 
person or private parts in a public place where other were 
present. 

f .   CM:  None. 

g.  Record of SV: 3 Feb 97 -  2 Feb 98  Langley AFB  2  (Annua1)REF 

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

i.  Stmt of S v :   TMS:  (04) Yrs  ( 0 2 )   Mos  ( 2 2 )   Das 
TAMS: (03) Yrs  (10) MoS  (26) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  IDD Fm 293) dtd 18 Jul 05. 

(Change Discharge to Honorable, and Change  the RE Code, Reason and  Authority 

f o r   Discharge) 

ISSUES ATTACHED TO  B R I E F .  

ATCH 
1. Applicant's Issues. 
2. Three Personal Statements of Support. 
3. Response to Notification Memorandum, 2 Apr 98. 
4. Enlisted Performance Report. 
5. Six Letters of  Support. 
6. Certificate of Baptism. 

PPORTING DOCUMENTS (Xas applicable) (PIa3se print name and Soual Securay N u m k  on each d o c m n t )  

WIU NOT BE SUBMTTTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

- 
)(  ARE LISTED BELOW AND ARE ATTACHED TO THE IPPLICATII*:  (C.mtih~ a a @ah sheet ~ipapcrlfmore ~ P B C B  b needed.) 
W ~ r n o r ~ d u m  

-(6r I Gqhk @in& 

a.  DOCUMENT 1: 

-F;a- 

b.  DOCUMENT 2: 

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Thd Board will consider any issue submitted by you prlor to closing the case for deliberation.  The Board will also review the case to 

determine whether there are any Issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
m.ting to I ~ u e s  of concern to you unless those h u e s  are listed or Incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prlor to completing this part of #e  application.  If yar need more space,  submit additional issues on an a t F c h - z ? t ,  

I HAVE USTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THS AWUCATION. 
I PREVIOUSLY SUBMI~ED AN APPLICATION ON (Enter date) 
AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 
I THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMrl'"tED. 

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9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement. (U.S. Code. Tit&  78, Sectrbn  1001, provid~ that an Mividual stw1 be tihed under this title w i ~ s o n e d n o t  more than 5 years, 
of both.) 

a.  DATE (WYYIWMDD) 

b.  SIGNATURE 

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UPON COMPLETION,  MAIL THlS APPLICATION TO APPLICABLE ADDRESS BELOW 

ARMY 

N A W  & MARINE CORPS 

AIR FORCE 

COAST GUARD 

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&y  Re$ew  Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St,  LOUIS, MO  63132-5200 
(See http://arba.a~.penta~on.~i~) 
DD FORM 293, DEC 2000 
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Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Rm. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

SAFfMIBR 
55GC Street West,  Suite 40 
Randolph AFB.  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street,  S.W. 
Washington,  DC 20593-0001 

Page 2 of 4 Pages 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 1ST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

1 Apr  98 

MEMORANDUM FOR SIU 

FROM:  I MDOS/CC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air ~ o r c e  for civilian conviction. 
The authority fox this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H, Paragraph 
5.5 1.  If my recommendation is approved, your service will be characterized with either an 
honorable or under honorable conditions (general) discharge.  I am recommending that your 
service be characterized with an under honorable conditions (general) discharge. 

2.  My reasons for this action are: 

a.  On or about 19 October 1997, you performed, promoted, prepared, presented, managed, 

directed, carried on or participated in obscene exhibitions or performances. For this misconduct, 
you were convicted on 9 January  1998 in the Norfolk General District Court and sentenced to a 
$500.00 fino with $250.00 suspended and 6 months coSinement suspended. 

b.  On or about 19 October 1997, you intentionally made or procured another to make an 

obscene display of your person or private parts in a public place or in a place where others were 
present.  For this misconduct, you were convicted on 9 January  1998 in the NorfolkGeneral 
District Court and sentenced to a $500.00 fine with $250-00 suspended and 6 months 
confinement suspended. 

Copies of the documents to support this recommendation are attached and will be forwarded to 
the separation authority.  The Commander exercising SPCM jurisdiction or a higher authority 
will decide whether you will be discharged or retained in the Air For'ce 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 my special, pay, bonus, or education assistance funds may 
be subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
Area Defense Counsel, 
I have made an appointment for you to consult Captain.; 
56 Willow Street, Suite 101, Ext 5607 at 
1998.  You may 
consult civilian counsel at your own expense, 

hours on 

\  Ap r 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to considermust reach me by  8 APA\L 
and receive an extension for good cause shown.  I will send them to the separation authority. 

1998 unless you request 

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8. Recommendation: Direct Respondent be discharged with an under honorable conditions 
(general) discharge characterization, without probation and rehabilitation. A proposed 
memorandum to that effect is attached for signature. 

Chief, Criminal Law Division 

i, Captain, USAF 

Staff Judge Advocate 

, Colonel, USAF 

I concur. 

Attachments: 
1.  Proposed Letter 
2.  Case File 

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under control, and she further alleges she has lefi the dancing scene forever. Respondent also 
states at the time of her arrest she was in the process of completing her off duty employment 
request, and she had no idea the company she was auditioning for was having her perform 
illegally.  She also wants you to consider the fact she has always produced quality work and has 
never brought discredit upon the Air Force, only upon herself.  Lastly, Respondent requests she 
be allowed to remain in the Air Force because she just re-enlisted prior to her arrest and plans on 
making the Air Force a career. 

5.  Discussion:  Respondent committed very serious, service discrediting offenses resulting in 
two civilian convictions, necessitating her administrative discharge.  Misconduct such as hers is 
intolerable and clearly incompatible with further military service.  Respondent states in her 
response to this discharge action that she never brought discredit upon the Air Force, only upon 
herself.  However, what Respondent fails to realize is that she represents the Air Force 24 hours a 
day, and any misconduct on her part on or off duty negatively reflects upon the Air Force as well 
as upon herself.  Certainly the negative aspects of Respondent's brief service outweigh any 
positive contributions.  Accordingly, an under honorable conditions (general) discharge 
characterization is warranted.  Respondent's serious misconduct, resulting in two civilian 
convictions, demonstrates her poor rehabilitative potential.  I do not recommend rehabilitation 
and probation in conjunction with this discharge. 

6.  Errors and Irre~ularitles: No errors or irregularities prejudicial to Respondent's substantive 
or procedural rights were noted. 

7.  O~tioas: As separation authority in this case, you may: 

a.  Direct retention, if you determine the evidence does not warrant discharge; 

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b.  R e m  the file for re-initiation and extend board hearing rights to Respondent, if you 

believe separation with an under other than honorable conditions (UOTHC) discharge is 
appropriate; 

c.  Refer the case to 9 AFICC, if you believe Respondent should be separated with an 

honorable discharge; or 

d.  Direct Respondent's separation with an under honorable conditions (general) discharge, 

with or without probation and rehabilitation.