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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
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,K INIrI'lAl,) 

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1 NAMF OF COIJNSFL AND OR OR<-ANIIATION 

PERSONAL APPEARANCE 

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I  RECORD REVIEW 

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ADDRESS AND OR OHGAN17ATION O F  COUNSI..I 

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MEMBER SITTING 

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APPLICA'I'ION  FOR  KEVIEW 01; DISC:tiAR(;E 
LETTER OF NOTIFIC'ATION 
BRIEF OF PERSONNEI. FI1,F. 
COUNSE1,'S  RFLLASE I'O '1'1 lL UOARI) 
ADDITIONAI.  EXHIBITS SIJBMITf8D A'f TIME OF 
PERSONAL APPEARANCE 

'I'APE RE(:OKDIN(i  0 1 :   PERSONAL. APPEARANCE 

14 Feb 2006 

1  FD-2005-00328 

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Case heard at Washington, L1.C. 

Advise applicant of the decision o f  the Board. 

SAb'lMRI3R 
5.50 C STREET WEST. SUITE 40 
RANDOLPII AF13, TX 78150-4742 

5kCRET4RI'  OF T H E  AIR FORCE PERSONNEL C'OVSC'II. 
.UR FORCE I)I\CHAH(;F  KL\IEH' ROiHD 
1535 COMMANU DR,  EE WING. 3RD FLOOR 
ANUREWS AFB, MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will he used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

C'A\t  NlJhlBtH 

FD-2005-()0328 

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

The  applicant  appeared  and  testified  before  the  Dischargc  Rcview  Board  (DRB),  without  counsel,  at 
Andrews AFB, MD, on  14 Feb 2006. 

The following additional exhibils were submitted at the hearing: 

Exhibit #5: Character reference letters dated 23 Jan 06 and 1 Feb 06 

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

FINDINGS:  The Board grants the requested relief. 

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

ISSUE:  Applicant received a general discharge for misconduct - minor disciplinary infractions 

Applicant contends discharge was inequitable because it was too harsh and the DRB concurred. Although 
the records indicated the applicant received an Article  15, four Letters of Reprimand, three k t t e r s  of 
Counseling, four Records of  Individual Counseling, four Records of Verbal Counseling, and two 
Mer-norandums for Record, the DRB noted that the majority of  these were for tardiness and financial 
irresponsibility, and the vast majority of them occurred after the birth of her child.  Testimony revealed that 
after the applicant's  child was born, she was forced to move out of the dormitory into an off-base apartment 
20-30 minutes from the base as there was no base housing available. Since applicant had  no privately owned 
vehicle, her rnain mode of transportation became expensive commercial taxis. The DRB was concerned  that 
the applicant was now a single parent living off base with limited resources and multiple obligations and 
there was no apparent effort on applicant's  chain of command to assist her; rather, it appeared they were 
loading up to effect her separation.  The applicant contended that discrimination was pracliced by her 
supervisors and, although there was no documentary evidence to support her claim, the DRB noted that over 
half of  her documented  misconduct  occurred during a two month period between  her filing a complaint with 
the Social Actions office and her discharge. 

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

Attachment: 
Examiner's Brief 

(Former A1C) (HGH  AlC) (REHEARING) 

1.  MATTER UNDER REVIEW:  A p p l   rec'd  a GEN Dish fr McGuire 
AFB, NJ on 22 Feb 96 UP AFI  36-3208, para 5.49  (Misconduct 
-  Minor Disciplinary Infractions).  Appeals for Honorable 
Discharge. 

2.  OTHER  FACTS: 

a.  See attached cy of Examiner's  Brief dtd 8 Feb 05. 

b.  The AFDRB reviewed case on 15 Jul 05  (non- 

appearance w/o counsel) &  concluded applicant's  discharge 
should not be changed. 

3 ,   BASIS ADVANCED FOR REHEARING:  Appl  (DD F'm  293) dtd  11 
Aug  05.(Change  Discharge  to Honorable) 

NO  ISSUES SUBMITTED. 

Atch 

None. 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A$@  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl  rec'd a  GEN Disch fr McGuire AFB, NJ on 22 Feb 96 
UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Aug 75.  Enlmt Age: 1 7   6/12.  Disch Age: 20 5/12. Educ: HS  DIPL. 

AFQT: N/A.  A-70,  E-39,  G-37,  M-27. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 18 Feb 9 4 .  

b.  prior S v :   (1) AFRes 17 Mar 93  -  2 2   Sep 93  (6 months 6 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 23 Sep 93 for 4 yrs. Svd: 2 Yrs 5 Mo 0  Das, all AMS. 

b.  Grade Status:  Amn  -  23 Jan 96  (Art 15, 23 Jan 96) 

A1C  -  23 Jan 9 5  
A m  -  23 Mar 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Jan 96, McGuire AFB, NJ  -  Article 8 6 .   You, did, on 

or about 16 Jan 96, without authority, fail to go at the 
time prescribed to building 2916, at 0700 hours  for your 
scheduled CDC review session.  Article 86.  You, did, on 
or about 18 Jan 96, without authority, fail to go at the 
time prescribed to building 2916, at 0700 hours, the 
official start of  your duty day.  Reduction to Airman. 
(AppeallDenied) (No mitigation) 

e.  Additional: VBC, 
VBC , 
LOR, 
LOR, 
LOC , 
LOR, 
RIC, 
RIC, 
LOC , 
VBC , 
LOC , 
LOR, 
MFR, 

19 JAN  9 6   -  Late for appointment. 
18 JAN 96 -  Not wearing proper uniform. 
16 JAN 96 -  Failure to follow instructions. 
08 JAN 96 -  Dereliction of duty. 
18 DEC 95 -  Late for duty. 
18 DEC 95 -  Late for duty. 
27 NOV 95 -  Missing mandatory appointment. 
17 NOV 95 -  Dereliction of duty. 
18 SEP 95 -  Negligence of assigned duties. 
24 AUG 95 -  Financial irresponsibility. 
11 SEP 95 -  Financial irresponsibility. 
14 JUN 95 -  Failure to follow instructions. 
18 APR 95 -  Lack of responsibility concerning a  Family 

Care Program. 

RIC, 30 NOV  94 -  Late for work. 
RIP, 23 SEP 94 -  Late for work. 
VBC, 30 JUN 94 -  Financial irresponsibility 

f .   CM:  None. 

g.  Record of SV: 23 Sep 93 -  22 May 95  McGuire AFB  2  (Initia1)REF 

23 May 95 -  26 Sep 95  McGuire AFB  2  (CR0)REF 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  ( 2 )  Yrs  (11) Mos  (6) Das 
( 2 )   Y r s   (5) Mos  (0) Das 

T A M S :  

4 .   BASIS ADVANCED  FOR REVIEW:  AppXn  (DD Fm 293) dtd 28 Nov  0 4 .  

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Judge Advocate Review. 
3. Dependent Care Certification. 
4 .   Response to Letter of Reprimand, 19 3un 9 5 .  
5. DD Form 214. 
6. State of Georgia Department of Corrections Performance Management Planning 
Form. 
7. Letter of Reprimand. 
8. Certificate of Training. 
9. Certificate of Achievement. 
10. Certificate of  Training. 
11. Performance Appraisal. 
12. Three Character References. 
13. Certificate of Appreciation. 
1 4 .   Certificate of Training. 
1 5 .   College Transcript. 
16. Two Certificates of Appreciation. 
17. College Transcript. 
18. Honor Roll Certificate. 
19. Attendance Certificate. 
2 0 .   Honor Roll Certificate. 
21. Two Certificates of Achievement. 
22. Report of Academic Skills. 

I?EI'ARTIMENT  OF THE GTR FORCE 

305TH AIR MOBILITY WING (AMC) 

MEMORANDUM FOR Arnr 

,305 MSS 

2 Feb 96 

FROM:  305 MSSICC 

SUBJECT:  Notification Meinorandm 

1.  I am recommending your discharge from the United States Air Force for nlinor disciplinary infractions. 
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 gencrd under honorable conditions. 

2.  My reasons for tbjs action are: 

(a)  On or about 30 Jun 94, you uttered a check to the Army and h r  Force Exchange Service in the 

amount of $65.00 that was returned for nonsufficient funds. For this, you were  verbally counsclcd. 

(b)  On or about 30 Nov 94, you were not present for duty at the prescribed time. For this, you 

received a Letter of Counseling. 

(c)  On or about 9 Dcc 94 and  12 Dec 94, you  were not present for duty at the prescribed time. For 

this, you received a Lclter of Counseling. 

(d)  On or about 18 Apr 95, you were found not to have an adcquate family care plan on filc as 

required by AFI 36-2908.  For this, you were verbally counseled. 

(e)  On or about 15 May 95, you were found not to have an adequate family care plan on file as 

required by AFI 36-2908.  For this, you were verbally rcprinlanded and prohtbited from going on leave or 
TDY. 

(9 On or about 12 Jun 95, you were found in your duty section after being ordered to quarters due to 

illness. For this, you received a Letter or Reprimand. 

(g)  From 011  or about 28 Aug 95-1 1 Sep 95, you engaged in a pattern on negIigence in the performance 

of your assigned duties.  For this, you rcccived a Letter of Counseling. 

(h) On or about 23 Aug 95, the First Sergeant reccivcd a "past due" notice from your  AAFES 

Deferred Paynlent Pl