AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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PERSONAL APPEARANCE 

NAME OF COUNSLL AND OR OKCANIZATION 

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AFSNJSSAN 
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RECORD REV1 EW 

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ADDRFSS  AND OR ORGANIZATION Oh  COUNSLL 

MEMBER SITTING 

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VOTE OF T&#E BOARD 

GEN  Ed *;~.T.H~R- -~---D~NY 

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YES 

No 
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ISSUES 

A95.00 
AO1.OO 

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EXHIBI'I'S SURMITC'ED TO THE BOARD 

1  I  ORDER APPOINTIN(;  THE HOAKD 
2  1  APPI.ICATION  FOR REVIEW OF DISCHAKGL 

HEARING DA'I'E 

CASE NUMBER 

LETTER OF NOTIFICA'I'ION 

PERSONAL APPEARANCE 

.TAPE RECOKDING O F  PERSONAL APPEARANCE 

I 

28 Jul2006 
MPLICANT'S ISSUE A?JD ]'HE UOrUU)  S DECISIONAL RATIOYAL AFZ DISCUSSED Oh' THE ATTACHED AIR FORCE DISCHARGEREVIEW BOARD DEClSIONAL RATIONAL F 

FD-2005-00364 

I 

I 

I 

Case heard in 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. 

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SAFJMRBR 
550 C STREET WES'I.  SUI 1'E 40 
RANDOLPH AFB, TX 78150-4742 

SECRETARY  OF I'HL AIR r o n c h  PERSONNEL COUNCII. 
AIR FORCE DISCIIARGE  REVIEW  BOAKU 
1535 COMMAND  DR.  EE WING. 3RD FI.OOR 
ANDREW$ AFB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 

FD-2005-00364 

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.  The applicant stated she was told her discharge would automatically be upgraded in six months. 
While a discharge may be upgraded after six months, the upgrade is by no means automatic.  The Board 
reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an 
upgrade of discharge.  The records indicated applicant received two Letters of Reprimand  for disobeying a 
direct order and dereliction of duty.  The applicant also had two End of Course failures.  A discharge is 
upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of 
discharge.  In this case, none was found, so the Hoard denied the appeal. 

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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Pope AFB, NC on 29 Nov 00 UP 
AFT  36-3208, para 5.26.3  (Unsatisfactory Performance).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 11 May 79.  Enlmt Age: 17 5/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-76,  G-72,  M-49. PAFSC: 5R031 -  Chaplain Services Support 
Apprentice. DAS: 27 Apr 98. 

b.  Prior Sv:  (1) AFRes 25 Oct 96 -  9 Sep 97 (10 months 15 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Sep 97 for 4 yrs. Svd: 03 Yrs 02 Mo 20 Das, all AMS. 

b.  Grade Status:  A1C -  10 Jan 99 

Arnn  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 07 FEB 00 -  Dereliction of duty. 

LOR, 21 SEP 99 -  Disobeying a direct order. 
EOC, 31 AUG 99 -  End of course failure. 
EOC, 26 MAY 99 -  End of course failure. 

f.  CM:  None. 

g.  Record of SV: 10 Sep 97 -  15 May 99  Pope AFB  4  (Initial) 

16 May 99 -  15 May 00  Pope AFB  2  (Annua1)REF 
16 May 00 -  15 Oct 00  Pope AFB  3  (Cmdr Dir) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (01) Mos  (05) Das 
TAMS:  (03) Yrs  (02) Mos  (20) Das 

4.  EASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Sep 05. 

(Change Discharge to Honorable) 

Issue 1:  Upon seperation  (sic), I was informed that I would be eligible for 
an upgrade after 6 months given the reason of my discharge &  my performance.  It 

has taken me some time to find the proper forms to fill and submit.  I feel that 
based on my performance of my job while enlisted, I proved that I earned an 
"Honorable Discharge." 

ATCH 
I. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 43D AIKLIFT WING (AMC) 
POPE AYR  FORCE BASE NORTH CAROLINA 

28 Nov 00 

MEMORANDUM FOR 43 AWICC 

FROM:  43 AWIJA 

374 Maynard Street, Suite A 
Pope AFB NC  28308 

SUBJECT:  Legal Review:  Discharge under Provisions of AFPD 36-32 and AFI 36-3208, 

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

Paragraph 5.26.3 (AIC: ---------------------------------------m' 

: 43 MSS) 

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

1.  BASIS FOR ACTION:  Administrative discharge action was initiated on 28 Nov 00 against 
AlC1..-..-..-..-.-.----------------------- 
chapter 5, paragraph 5.26.3, unsatisfactory performance, specifically, failure to progress in on- 
the-job training. The squadron commander recommends separation with a general discharge.  On 
28 Nov00, A1C Porter waived her right to submit a statement on her behalf (See Attachment). 
The most severe type of discharge authorized in this case is a general discharge.  This member is 
not entitled to a hearing before an administrative discharge board. 

'  under provisions of AFPD 36-32 and AFI 36-3208, 
:, 

2.  FACTS: The 43 MSS Commander initiated this action because A1C !------- 
a passing score on her end-of-course examination.  She initially failed this exam on or about 
26 May 99.  She received a score of 5 1% and thus, failed to achieve the minimum passing score 
of 65%.  After this failure she was briefed on the importance of passing her exam the second 
time.  Nonetheless, when she took the exam a second time on 3 1 Aug 99 she received a score of 
43%, again failing to achieve the minimum passing score.  These two failures are documented by 
two reports of course examination dated 26 May 99 and 3 1 Aug 99, respectively. 

-------- ifailed to achieve 

a.  After A1C: C.-..-..-. 

.-..-..-., 

:second CDC failure, the commander and the respondent's 
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supervisor, Chaplain (Colonel):  ; decided to process a waiver of her CDC's in October 1999. 
During the course of the proce~~irii of the waiver, the respondent received two Letters of 
Reprimand and a referral EPR.  The commander decided after the close out of the referral EPR 
that a CDC waiver is no longer appropriate and initiated this action. 

3.  PERSONAL DATA:  AIcI------- -------- ! is 21 years old and began serving her current enlistment on 
10 Sep 97.  His duty title is Facility Manager, AFSC 5R03 1.  She is entitled to wear the Air 
Force Training Ribbon. 

4.  DISCUSSION: 

AMC--Global  Reach for AmerJca 

a.  This discharge recommendation has been processed in compliance with 36-3208, and the 

record is legally sufficient to sustain a discharp,-Ge circumstances cited by the 43 MSS/CC as 
reasons for discharge occurred within A 1 

gurrent enlistment. 

---------- 

-' 

b.  The service of airmen discharged for unsatisfactory performance will be characterized as 

honorable or general.  The character of discharge is based on the quality of the member's service 
as reflected in the militay record of the current enlistment or period of service including personal 
conduct, performance of duty, and the reason for separation.  In this case, the respondent failed to 
progress in OJT after given ample opportunities to overcome her deficiencies. An honorable 
characterization is given when the quality of the airman's service generally has met Air Force 
standards of acceptable conduct and performance of duty or when a member's service is 
otherwise so meritorious that any other characterization would be inappropriate.  A general 
discharge is appropriate when an airman's service has been honest and faithful, this 
characterization is warranted when significant negative aspects of the airman's conduct or 
performance of duty outweigh positive aspects of the airman's  military record.  In the case at 
hand, if the airman had simply failed her end of course examinations, she would be entitled to an 
honorable discharge.  This, however, is not the case. 

, - - - - - - - , 

c.  AlCi -------- !has received two letters of reprimand for dereliction of duty.  In the first, she 
failed to obey a direct order and left three money pouches containing $1,565.05 on top of her 
desk, unsecured, overnight.  In the second, she was reprimanded for absolutely failing to perform 
her duties by not maintaining the financial records of the Pope Air Force Base Chapel, not 
depositing Chapel funds in a timely manner and failing to pay the legal obligations of the Chapel 
on time. This negative behavior outweighs any positive aspects of her time in service, and 
indicates that a general discharge is warranted. 

d.  Probation and rehabilitation is not appropriate in this case.  The respondent's  commander 
has already used rehabilitative tools without success. A1 C\ - - - - - - -, : does not appear to have the 
ability to progress in on-the-job training.  Her CDC scores of 51% on or about 26 May 99 and 
43% on or about 3 1 Aug 99 demonstrate her inability to meet training standards.  There is also 
no indication that she has responded to her administrative discipline. 

-------- 

3.  OPTIONS: 

a.  Retain the respondent in the Air Force and waive the CDC examination requirement; or 

b.  Recommend to the respondent's MAJCOM that she be cross trained and retained in the 

Air Force or, 

c.  Discharge the respondent based on unsatisfactory performance for the reasons stated by 
the commander with an honorable discharge, with or without probation and rehabilitation; or 

d.  Discharge the respondent based on unsatisfactory performance with a general discharge, 

with or without probation and rehabilitation. 

4.  RECOMMENDATION: Concur with thg ?q&n 
discharge and sign the letter directing A1 C i - - - - - - - - _ 
1 

commander's recommendation to 

idischarge with a general discharge 

Attachment: 
Case File 

L..................-..-..-..-..-..-..-..-....-..: 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTEIW 43D AIRLWI' WING (AMC) 
POPE AUI FORCE BASE NORTH CAROLINA 

a 8  NOV  2000 

MEMORANDUM FOR A1 C 1..  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 
FROM:  43 MSSICC 

:  43 MSS 

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

374 Maynard Street 
Pope AFB NC 28308 

SLTBJECT:  Notification Memorandum 

1, I am recommending your discharge h m  the United States Air Force for unsatisfactory 
performance, specifically, failing to progress in on-the-job training.  The authority for this action 
is AFPD 36-32 and AFI 36-3208, paragraph 5.26.3. The service of airmen discharged for 
unsatisfactory performance will be characterized as honorable or general.  If my recommendation 
is approved, your service will be characterized as general. 

2.  My reason for this action are your failures on your end-of-course examination.  You initially 
failed this exam on or about 26 May 99,  You received a score of 5 1 % and, thus, failed to achieve 
the minimum passing score of 65%. AAer this failure you were briefed on the importance of 
passing your exam the second time.  Nonetheless, you failed this exam a second time on or about 
3 1 Aug 99 when you received a score of 43% and, thus, failed to achieve the minimum passing 
score.  These two failures are documented by two reports of course examination dated 26 May 99 
and 3 1 Aug 99, respectively. 

3.  Initially, in October 1999, the decision was made to process a waiver of your CDC's. 
However, due to derelictions of duty and your failure to perform in an acceptable manner, as 
evidenced by two Letters of Reprimand and a referral EPR dated May 2000, I have decided that a 
waiver of your CDC's is not appropriate. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The 43d Airlift Wing Commander, who exercises Special Court 
Martial (SPCM) jurisdiction, or a higher authority, will decide whether you will be discharged or 
retained in the Air Force.  If you are discharged, you will be ineligible for reenlistment in the Air 
Force. 

5.  You have the right to consult counsel. Military legal counsel has been obtained to assist you. 
An  appointment has been scheduled for you to consult Captain: 
at the Pope AFB NC 
Area Defense Counsel's  office an 29 Nov 00 at 0900 hours.  Instead of the appointed counsel, 
you may have another, if the lawyer you request is in the active military service and is reasonably 
available as determined according to AFI 5 1-201. In addition to military counsel, you have the 

, - - - - - - - - - -  

AMC--Global  Reach for America 

right to employ civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel,  Civilian counsel, if employed, must be readily available, 

6.  You have the right to submit a statement in your own behalf,  Any statements you want the 
separation authority to consider must reach rnc by 07- 
and receive an extension for good cause shown.  I will send them to the separation authority. 

at  I Dsc 1 3  hrs unless you request 

7.  If you fail to consult counsel or to submit statements in your own behalf in three duty days, 
your failure will constitute a waiver of your right to do so. 

8.  You have been scheduled for a physical examination, Report to Physical Exams, Room 10 
in the Flight Medicine Clinic on 28 Nov 00 at 0940 hours.  In addition, report to Physical 
E x a d a b  ASAP for HIV  screening, 

9.  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 at the orderly room. 

.-- ---------  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J  

Commander 

Attachments 
1.  Student History Query, dated 26 Oct 00 
2.  Report of Course Examination, dated 3 Sep 00 
3.  Supporting Documents 
4.  MFR, dated 27 Nov 00 
5.  LOR,  dated 7 Feb 00 
6.  LOR, dated 21 Sep 99