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AF | DRB | CY2006 | FD2005-00339
Original file (FD2005-00339.pdf) Auto-classification: Denied
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 

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Co'WSEL 

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No 
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AFSNISSAN 

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ADDRESS AND OR ORGANIZATION O F  COUNSEL 

RECORDREVIEW 

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MEMBER SITTING 

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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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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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