AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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PERSONAL APPEARANCE
NAME O F COUNSEL AND OR ORGANIZATION
TYPE GEN
Co'WSEL
YES
No
X
GRADE
AMN
AFSNISSAN
X
ADDRESS AND OR ORGANIZATION O F COUNSEL
RECORDREVIEW
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MEMBER SITTING
HON
GEN
UOTHC
OTHER
DENY
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7
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ISSUES A95.00
A93.01
INDEX NUMBER
A67.00
A67.10
HEARING DATE
CASE NUMBER
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EXHIBITS SUB\IITTED TO T11E BOARD
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1
2
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ORDER APPONTING 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
19 Apr 2006
WPLICAN1"S ISSUE AND THE BOARD'S DECISIOSAL RATIOYAI. ARE DISCUSSED O h 'I'M A'TTACHED AIR FORCE DISCHARGE Rk\'ltW BOARD DECISIOKAL KAIIONAI.lI
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1 FD-2005-00339
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
~n
"
SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78 150-4742
~ ~ ~ ~ D O R S E M E N T
I FROM
DATE: 4/24/2006
SECRETARY O F THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING. 3RD FLOOR
ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2005-00339
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:
The records indicated applicant's misconduct resulted in her receiving two Article 15's; one for failing to go
to appointed place of duty and the other for unlawfully hitting an airman in the arm several times with a
hammer. The Vacation action resulting in her reduction to airman first class was for failure to go to
appointed place of duty. Applicant states that she overslept due to the nine prescribed medications that she
was taking. The DRB noted that member was under medication; however, after several unsuccessful
attempts to obtain medical records from the Records Management Center in St. Louis, Missouri, could not
verify the prescribed medications. Applicant also received one Letter of Reprimand for failure to go on two
separate occasions. 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.
The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted
that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on June 26,2001)
that she understood she must receive an Honorable discharge to receive future educational entitlements. The
Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a
matter of inequity or impropriety which would warrant an upgrade.
If she can provide additional documented information to substantiate an issue, the applicant should consider
exercising her right to make a personal appearance before the Board. If she should choose to exercise her
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the
community.
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 AMN) (HGH SRA)
1. MATTER UNDER REVIEW: Appl recld a GEN Disch fr Barksdale AFB, LA on 15 Nov
04 UP AFI 36-3208, para 5.49 (Misconduct - Minor Disciplinary Infractions).
Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 9 Feb 83. Enlmt Age: 18 0/12. Disch Age: 21 9/12. Educ: HS DIPL.
AFQT: N/A. A-59, E-36, G-46, M-29. PAFSC: 3M031 - Services Apprentice.
DAS: 18 Oct 01.
b. Prior Sv: (1) AFRes 9 Feb 01 - 12 Jun 01 (4 months 4 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 13 Jun 01 for 4 yrs. Svd: 03 Yrs 05 Mo 03 Das, all AMS.
b. Grade Status: Amn - 14 Oct 04 (Article 15, 14 Oct 04)
A1C - 17 Aug 04 (Vacation of Article 15, 13 Oct 04)
SrA - 13 Jun 04
A1C - 13 Oct 02
Amn - 13 Dec 01
c. Time Lost: None.
d. Art 15's: (1) 14 Oct 04, Barksdale AFB, LA - Article 86. You, did,
on or about 29 Sep 04, without authority, fail to go at
the time prescribed to your appointed place of duty.
Reduction to Airman. (No appeal) (No mitigation)
(2) 13 Oct 04, Vacation, Barksdale AFB, LA - Article 86.
You, did, on or about 29 Sep 04, without authority, fail
to go at the time prescribed to your appointed place of
duty. Reduction to AlC. (No appeal) (No mitigation)
(3) 17 Aug 04, Barksdale AFB, LA - Article 128. You, did,
' in the arm several times
--------------------.
at or near Cheyenne, Wyoming, on or about 11 Jun 04,
unlawfully hit A1C : L - - - - - - - - - - - - - - - - - - - :
with a hammer. Suspended reduction to AlC. Suspended
forfeiture of $300.00 pay per month for 2 months.
Thirty days extra duty. (No appeal) (No mitigation)
e. Additional: LOR, 19 AUG 04 - Failure to go on two occasions.
f. CM: None.
g. Record of SV: 14 Jul 01 - 13 Mar 03 Barksdale AFB 5 (Initial)
14 Mar 03 - 13 Mar 04 Barksdale AFB 5 (Annual)
h. Awards & Decs: NDSM, AFOUA, AFTR.
i. Stmt of Sv: TMS: (03) Yrs (09) Mos (07) Das
TAMS: (03) Yrs (05) Mos (03) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 Aug 05.
(Change Discharge to Honorable)
ISSUES ATTACHED TO BRIEF.
ATCH
1. Applicant's Issues.
2. Two Enlisted Performance Reports.
3. Three Certificates of Appreciation.
4. Training Certificate.
5. Letter of Appreciation.
6. Correction to CDC.
7. College Transcript.
8. Letter of Appreciation.
9. Certificate of Training.
10. Congratulatory Email.
ARMY
Army Review Boards Agency
Support Division, St. Louis
9700 Page Avenua
St. Louis, MO 83132-6200
(See http:l/arba.army.pentagon.mil)
AIR FORCE
Air Force Review Boards Agency
SAFrnRBR
55QC Street West, Suite 40
Randolph AFB, TX 781 50-4742
I
NAVY AND MARINE CORPS
Naval Council of Personnel Boards
720 Kennon Street, S.E.
Room 309 INDRB)
Washington Navy Yard, DC 20374-5023
COASTGUARD
U.S. Coast Guard
Commandant (G-WPM1
2100 Second Street, S.W. Room 5500
Washington, DC 20593
DD FORM 293. MAR 2004
Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 2D BOMB WINO
BARKSDALE AFB, LOUISIANA 711 10
FD2005-00339
MEMORANDUM FOR AMNi - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a
FROM: 2 SVS/CC
SUBJECT: Notification Memorandum
1. I am recommending your discharge fiom the United States Air Force for Misconduct: Minor
Disciplinary Infractions. The authority for this action is AFPD 36-32, Military Retirements and
Separations, and AFI 36-3208, Administrative Separation ofAirmen, 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 reason for this action is:
a. On 29 Sept 04, you failed to report at the time prescribed to your appointed place of duty. For
this incident, you received Nonjudicial Punishment, dated 14 Oct 04.
b. On 29 Sept 04, you failed to report at the time prescribed to your appointed place of duty.
For this incident, you received vacation of Nonjudicial Punishment, dated 14 Oct 04.
c. On 1 Aug 04, you failed to report at the time prescribed to your appointed place of duty. In
addition, on 11, Aug 04, you failed to report for duty at the time prescribed. For these incidents,
you received a Letter of Reprimand, dated 19 Aug 04.
d. On 11 Jun 04, you unlawfully hit Airman First Class;--- --- -- --- -- -;in the arm several times
with a hammer, causing injury to his right hand and elbow. For this incident, you received
Nonjudicial Punishment dated, 17 Aug 04.
, - - - - - - - - - - - - - - -
3. You have the right to consult counsel. Military lep;a!_c_qgsc!h-#&enobtained to assist you. I
have made an pointment for you to consult Captain; - - - - - - - - - - - - - - - - - - - - - - j at Bldg. 4714, Third
Floor, on d 4 0 f d ~ a t
0 % 3 0 hours. YOU may consult civilian counsel at your own
expense.
4. You have the right to submit statements in your own behalf. An statements you want the
separation authority to consider must reach me by 3 hbv ~d unless you request and
receive an extension for good cause shown, I will send them to the 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 scheduled for a medical examination. You must report to 2d Medical Group,
243 Curtiss Rd., Suite LOO on 2 NO\/
medical records to appointments.
, at 0 %
hours for the examination. Bring
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