AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE  GEN 

PERSONAL APPEARANCE 

GRADE 

A1C 

AFSNJSSAN 

I  -------------. 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION  OF COUNSEL 

MEMBER SITTING 

I 

HON 

( 

GEN 

UOTHC 

OTHER 

I  DENY 

1 

ISSUES  A92.21 

- - - - - - - - - 

I  INDEX NUMBER 

A67.10 

IIEARING DATE 

1 
1  03 May 2006 

I 

1  CASENUMBER 
I  FD-2005-00347 

I 

1 

1 

1 

I 

1 
2 
3 
4 

EXHIBITS SUBMKITED TO THE BOARD 

ORDER APPOINTING 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 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISfONAL RATIONALE 

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 

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

TO: 

I 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

--..---------. 

DATE:  5/15/2006 

-. 

SECRETARY OF T H E  AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

I 
I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-0034, 

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  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  She contends most of her 
time in the service was spent struggling with an undiagnosed medical illness.  The records indicated the 
applicant received an Article  15 for slapping another airman on the face with an open hand and punched the 
airman in the face with a closed fist, throwing a fire extinguisher through a dormitory window and for being 
drunk and disorderly.  Applicant also received three Letters of Reprimand (LOR) for misconduct.  The first 
LOR was for failure to attend a scheduled appointment resulting in program manager calling her home only 
to find out she was still asleep.  Member reported an hour and a half late for appointment.  The second LOR 
was for lying to the first sergeant.  Her third and final LOR was for being late to work, after arriving to work 
she left for 50 minutes to get something to eat, returned to duty and was found sleeping on duty.  The DRB 
reviewed applicant's  medical records and determined there was no correlation between her abdominal pain 
and misconduct.  Applicant had the ability to know right from wrong.  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. 

Issue 2.  Applicant states that her discharge did not take into account the good things she did while in the 
service. The DRB took note of the applicant's duty performance as documented by her performance reports, 
awards and other accomplishments.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the 
reasons which were the basis for this case. 

Issue 3.  The DRB was impressed with the applicant's  post service accomplishments including work and 
education.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no 
inequity or impropriety in her discharge was suggested or found in the course of the hearing.  The Board 
concluded the misconduct of the applicant appropriately characterized her term of service. 

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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Hanscom AFB, MA on 12 Oct 99 
UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals 
for Honorable Discharge 

2.  BACKGROUND: 

a. DOB: 5 Mar 71.  Enlmt Age: 23 2/12.  Disch Age: 28 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-29,  G-66,  M-23. PAFSC: 3M051 -  Morale, Welfare, 
Recreation, and Services Journeyman. DAS: 16 Jun 98. 

b.  Prior Sv:  (1) AFRes 20 May 94 -  14 Sep 94 (3 months 26 days) (Inactive). 

25 days, all AMS.  SrA -  15 Jan 97.  EPRs: 3,3. 

(2) Enlisted as A1C 15 Sep 94 for 4 yrs.  Svd: 3 yrs 2 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 10 Dec 97 for 4 yrs. Svd: 1 Yrs 10 Mo 2 Das, all AMS. 

b.  Grade Status:  A1C -  20 Nov  98  (Article 15, 20 Nov  98) 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 20 Nov 98, Spangdahlem AB, Germany -  Article  128.  You 

: 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - I .  

...................................... 

did, on or about 23 Oct 98, unlawfully slap on the face 
with an open hand, and punch in the face with the closed 
fist, A1C : 
Article  108.  You 
did, on or about 23 Oct 98, without proper authority, 
willfully destroy by throwing a fire extinguisher 
through a dormitory window, thus shattering the window, 
military property of the United States, the amount of 
said damage being in the sum of $154.34.  Article  134. 
You were, on or about 23 Oct 98, drunk and disorderly, 
which conduct was to the prejudice of good order and 
discipline in the armed forces.  Reduction to AlC,  15 
days extra duty, and a reprimand.  (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 25 AUG 99 -  Late for work, leaving work without 

LOR, 08 SEP 98 -  Lying to the lSt Sergeant. 
LOR, 03 SEP 98 -  Failed to attend a scheduled appointment 

authority, and sleeping on duty. 

at the prescribed time. 

f.  CM:  None. 

g.  Record of SV: 15 Apr  97 -  14 Apr  98  Hickam AFB 

3  (Annual) 

15 Apr  98 -  14 Apr  99  Spangdahlem AB  2  (Annua1)REF 

h.  Awards  &  Decs:  AFLSAR, AFTR, NDSM, HSM, AFOUA W/1 DEV, JMUA, AFGCM, 

AFOSLTR. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (04) Mos  (23) Das 
TAMS:  (05) Yrs  (00) Mos  (28) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Aug 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Copy of Military  Personnel Record. 

Dear Sir or Madam: 

I am writing to request a reconsideration of my discharge status based on several 
extenuating circumstances. I am asking that a consideration of not only my military 
record, but of this explanation be taken into account. 

Most of my time in the service was spent struggling with an undiagnosed medical illness. 
At that point I only knew that 1 felt bad all the time. Being alone for the first time in my 
life and lacking significant social supports 1 made the very poor choice of beginning to 
drink socially to make myself feel better. I sought medical attention for my pain but the 
doctors in the Air Force were unable to figure out what was hurting me. 

Frustrated and desperate, still feeling awhl most of the time, I drank more and sought 
social comfort in friends and wlleagues after hours. My attitude began to sour as my 
military service progressed, probably due to the combined effects of the illness, drinking 
and recovering from drinking. Every time I made an effort to clean up my act, 1 would 
slide back into poor habits. This cycle seemed to be the worst at the end of my  service. 

1 would like to point out several things in light of this sad history. My drinking and acting 
out were a very amall part of my  military service. During my five year service 1 received 
several citations, awards and medals including the Air Force Good Conduct Medal, and 
the Air Force Longevity Service Award. 1 was a responsible shift leader and earned Cook 
of the Month. I was deployed to Cuba for Operation Sea Signal and to Guam for Pacific 
Haven. In addition, my time after business hours, I spent working a second job  as a 
waitress. My last responsibility in the Air Force was to update my unit's computer, which 
we used to track meals. 

chan4ed since my  discharge. I sought more medical help at the V.A. in Boston 

Much has I - - - - -  
:diagnosed me correctly with endometriosis: a disorder that causes 
and a Dr. : 
fallopian kib51fo  attach to unrelated internal organs causing hormonal disruptions, 
depression and severe pain. I was prescribed a laparoscopic procedure and placed in pain 
management treatment. I entered AA for my drinking problems, entered group therapy 
for s u p ~ q c  _arid treatment of my depression and have continued to be counsg!e&  by Dr. 
i in Rhode Island for my continuing care and management. Dr. i ------and I 
I  . - . . . . . . - . - 
havebeen structuring my time by helping me get back into work and resuming my 
education. 

1 . - - - - -  

I have taken 60 Credit Hours of course work at Community College of Rhode Island and 
wilt finish my associate's degree this summer of 2005. 1 have become a volunteer 
advocate at the Sexual Assault and Trauma Resource Center in Providence, Rhode Island. 
1 have also been employed for a year as a recreational therapist for Briar Cliff Nursing 
Home in Johnston, Rhode Island working with the home's Alzheimer's Patients, 1 am 
planning to seek higher degrees at the University of Rhode Island in the very new f&re 
in the field of Psychology. 

I understand the impact my actions while struggling with my illness and subsequent 
efforts to deal with pain have had on my military colleagues and friends. My actions 
reflected poorly on the U.S. Air Force, my Squadron and myself as a uniformed member 
ofthe U.S. Air Force. 1 have learned how to deal with issues in my life since maturing 
and accepting help from others with my problems and I have an excellent group of 
fiiends, family to help me in the future. 

I want to thank you for reviewing this document and hope that you can see how T have 
worked to correct deficiencies in my record. I would like to be considered to have my 
discharge status altered in light of this information. If anyone 
additional corroborating data, feel &ee to contact me at: , - - - - - - - - - - - - - - -I 

has any -- questions, or wants 

-  ----------- 

. , 

DEPARTMENT OF THE AIR FORCE 

5 2 ~  FIGHTER WING (USAFE) 

MEMORANDUM FOR 52 FW/CC 

FROM: 52 FW/JA 
SUBJECT:  Legal Review of Administrative Discharge - A1 C ;- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -mi 

.......................................... 

52d Services Squadron 

...-.-....-.-....-.-.- 
1.  I reviewed the administrative discharge action against A I c ~  ..................... 
substantially complies with the provisions of AFPD 36-32 and AFI 36-3208 and is legally 
sufficient to support discharge. 

i.  This action 

2.  BASIS FOR ACTION: 

, 

m - - - - - - - 7  

1.  On 2 Sep 98, AlC: . ------- :failed 
For this infraction, she received a Letter of Reprimand (LOR) on 3 Sep 98, 
--------- 
:made false oflicial statements to MSgt I - - - - - - - - I 

2.  On 3 Sep 98, A1C ,- -------- 
----- -, 
For this infraction, she received a second LOR on 8 Sep 98. 

to attend a scheduled appointment at the prescribed time. 

t,52 SVSICCF. 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

3.  On or about 23 Oct 98, A1C Walsh unlawfblly slapped AlC: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  
the face with an,qxnh-and and punched him in the face with a closed fist.  On or about 
23 Oct 98, A1 C l . . . -. -. gestroyed military property in the amount of $1 54.34 when she threw 
a fire,e%?huisher through a dormitory window.  Additionally, on or about 23 Oct 98, 
AlCl------- 
Air Force.  For these infractions, she received Article 15 Nonjudicial Punishment on 
20 Nov 98.  She was reduced to the grade of E-3 (Airman First Class), with a new date of 
rank of 20 Nov 98, received 15 days extra duty, and a reprimand. 

:was drunk and disorderly.  Her conduct brought discredit upon the United States 

  - 

: on 

m 

-

-

4.  On 25 Aug 99, A1C [------- 
time.  For this infiaction, she rfceived a third LOR on 25 Aug 99. 

-------- :failed to report to her appointed place of duty at the prescribed 

3.  MATTERS FOR RESPONDENT: 

I 

~ 

I 

a.  AlC [::::::-:enlisted 
in the Air Force on 15 Sep 94.  She reenlisted on 10 Dec 97.  She has 
five years of total active military service.  She has four EPRs, with overall ratings from oldest 
to most current of 3,3,3, and 2 (referral).  She is 28 years old and her AQE scores are 
ADM - 67, ELEC - 29, GEN - 66, and MECH - 23. 
b.  On 21 Sep 99, AlC: I _ _ _ _ _ _ _ _ ;exercised her right to consult counsel and waived her right to 
submit matters on her own behalf.  (Tab 3) 

, - - - - - - - . 

.................... 

4.  DISCUSSION:  On 23 Sep 99, Maj 
Ale[------ 'be  discharged from the Air Tbi;de-Gdi agiieral (under honorable conditions) 
servike 5Eiliacterization and without probation and rehabilitation.  The discharge is being 
processed under AFI 36-3208, paragraph 5.49, Minor Disciplinary Infractions. 

; 52 SVS/CC, recommended 

5.  OTHER 
AlCj 

.-..-....-. 
----------- 

substantive rights. 

MATTERS: There are no errors or irregularities which would prejudice 

6.  CHARACTERIZATION OF SERVICE: Discharge under AFI 36-3208, paragraph 5.49, may 
be characterized as honorable or general (under honorable conditions), depending upon the 
circumstances involved.  According to AFI 36-3208, paragraph  1.18, an honorable service 
characterization is appropriate only when the quality of the airman's service generally has met 
Air Force standards of acceptable conduct and performance of duty or when an airman's  service 
is otherwise so meritorious that any other characterization would be inappropriate.  A general 
(under honorable conditions) service characterization is warranted when significant negative 
aspects of the airman's conduct pr.perfqpunce  outweigh positive aspects of the airman's 
military record.  Based on A1 C j - - - - - - - - - 
:repeated misconduct and disregard for military 
standards, a general (under honorable conditions) service characterization is most appropriate. 

7. PROBATION AND REHABILITATION:  Probation and rehabilitation is appropriate in 
special and limited circumstances, primarily when a member has demonstrated a strong potential 
for reform.  AlC:---------- 
three LORs and one Article 1 5 Nonjudicial Punishment.  AI c ,---------. 
:inability to comply with 
Air Force standards makes her a poor candidate for probation and rehabilitation. Therefore, I do 
not recommend probation and rehabilitation in this case. 

L.  . -. . . .-.. :actions have not reflected the ability to improve despite being given 

i---------- 

8.  ACTIONS WHICH MAY BE TAKEN:  As the special court-martial convening authority, 
you have the following options: 

a.  Direct AlC j 

jbe  retained in the Air Force; 

, - - - - - - - - 

- - - - - - - - I  

b.  Recommend 3 AFICC discharge A 1 C [-------------- 
with or without probation and rehabilitation; or 
c.  Discharge A1 Ci . . . -. . -I :with a general (under honorable conditions) service 
characterization, with or without probation and rehabilitation. 

------- 

i with an honorable service characterization, 

9.  RECOMMENDATION:  Discharge A1 q . -. . . . - .I : for Minor Disciplinary Infractions under the 
provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.49, with a general (under honorable 
conditions) service characterization, without probation and rehabilitation. 

I - - - - - - - :  

'-....-..-....-..-.------------------------------------! 

Staff Judge Advocate 

Attachment: 
Case file 

SUBJECT:  Notification Letter 

1, I am recommending your discharge from the United States Air Force for Minor Disciplinary 
Infractions.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49.  If 
my recommendation for discharge is approved, your service will be characterized as honorable, 
general (under honorable conditions), or under other than honorable conditions (UOTHC).  I am 
recommending that your service be characterized as general (under honorable conditions). 

2.  My reasons for this action are: 

1.  On 2 Sep 98, you failed to attend a scheduled appointment at the prescribed time.  For this 
infraction, you received a Letter of Reprimand (LOR) on 3 Sep 98.  (Atch  1) 
.---------- 

2.  On 3 Sep 98, you made false official statements to MSgt i - - - - - - - - - - a  
infraction, you received a second LOR on 8 Sep 98.  (Atch 2) 

!,  52 SVSICCF. For this 

............................... 

3.  On or about 23 Oct 98, you unlawfully slapped AlCi 
face with an open hand and punched him in the face wit~-i-cI6idc-0fi-6FibOi;t 
23 Oct 98, you destroyed military property in the amount of $1 54.34 when you threw a fire 
extinguisher through a dormitory window.  Additionally, on or about 23 Oct 98, you 
displayed drunk and disorderly conduct which brought discredit upon the United States Air 
Force.  For these infractions, you received Article 15 Nonjudicial Punishment on 20 Nov 98. 
You were reduced to the grade of E-3 (Airman First Class), with a new date of rank of 
20 Nov 98, received 15 days extra duty, and a reprimand.  (Atch 3) 

ion the 

4.  On 25 Aug 99, you failed to report to your appointed place of duty at the prescribed time. 
For this infiaction, you received a third LOR on 25 Aug 99.  (Atch 4) 

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 and, if you are 
discharged, how your service will be characterized.  If you are discharged, you will be ineligible 
for re-enlistment in the Air Force and any special pay, bonus, or education assistance h d s  may 
be subject to recoupment. 

4.  You have the right to consult counsel.  M i l i w J - e l e g d - ~ ~ I ? a k e e n  obtained to assist you. 
I have made an appointment for you with Capti-- 

-- -----qy------- 

Spangdahlem AB, Germany, DSN 452-6607, on a 55f 

' Area Defense Counsel, 

at & hours.  You may 

consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three dutv davs, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

6. If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, Physical Exams Element  on&,$^? 90\  at  \m hours.  An appointment 
has also been made at $.AM~LLI 
hours. 

o n 2 2  .Vf 99 

SPA A tx 

at  (C\ \< 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in your Commander's Support Staff office. 

9.  Execute the attached acknowledgment at Tab 2 and return it to me immediately. 

.----------------------------------------------. 
Commander 

5 Attachments: 
1.  LOR, 3 Sep 98. 
2.  LOR, 8 Sep 98. 
3.  AF Fonn 3070,20 Nov 98. 
4.  LOR, 25 Aug 99. 
5.  Airman's receipt of Notification Letter, located at Tab 2.