AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ISSUES  AO1.OO 
A95.00 

INDEX  NUMBER 

A61.00 

HEARING DATE 

CASE NUMBEK 

07 Jul2006 
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FD-2005-00367 

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Case heard at Washington, D.C. 

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EXHIBITS SUBMITTED TO TIIE BOARD 

ORDER APPOINTING  THE HOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF 01:  PERSONNEL FILE 
COIINSt1,'S  KhLEASE TO THE BOARD 
ADDITIONAL EXHIBITS SURMITTFD A T  TIMF OF 
PERSONAL, APPEARANCE 

TAPE RECORDING OF PERSONAI. Al)l)t,AKANC't: 

T A C ~ @ ~

AIR PORCE DISCHARGE RbVIPW BOAKU DECISIONAL RATfONALE 

 

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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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SAFIMRRR 
550 C STREET WEST,  SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF TllE AIR  FORCE PERSONNEL I:OLINCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DK, EE  WING,3KU  KLOOH 
ANDREWS AFB, MD 20762-7002 

Previous edition  will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NlJMBER 

FD~2005~00367 

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

The applicant was offered a personal appearance before the Discharge Review Board (DKB) 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 for one isolated incident.  The records indicated the applicant 
received an Article  15, a civilian conviction and three Letters of Counseling for misconduct.  The Article  15 
stated the applicant was disorderly which conduct was prejudice to good order and discipline in the armed 
forces.  She was convicted of theft in the second degree by civilian authorities resulting in a court suspended 
imposition of sentence pursuant to a plea agreement.  The plea agreement resulted in applicant being placed 
on probation for 24 months.  The applicant was also cited on three separate occasions for traffic violations 
resulting in the receipt of Letters of Counseling.  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.  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. 

Issue 3.  The applicant stated she was told her discharge would automatically be upgraded after 5 years of 
discharge.  While a discharge may be upgraded, the upgrade is by no means automatic.  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 Board 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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTH Disch fr Elmendorf AFB, AK on 11 Mar 
97 UP AFI 36-3208, para 5.51  (Misconduct -  Civilian Conviction).  Appeals for 
Honorable Discharge, 
2 .  BACKGROUND : 

a. DOB: 26 Apr 72. Enlmt Age: 19 7/12.  Disch Age: 24 1.0/12. Educ: HS DIPL. 
AFQT: N/A.  A-92,  E-74,  G-78,  M-54. PAFSC: 4T052 -  Histopathology Journeyman. 
DAS: 10 Sun 94. 

b.  Prior Sv: (1) AFRes 5 Dec 91 -  11 Dec 91.  ( 7   days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Dec 91 for 6 yrs. Svd: 05 Yrs  02 Mo 28 Das, all AMS. 

b.  Grade Status:  SrA -  29 Aug 94 
A1C -  29 Jan 92 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 30 Nov 93, Keesler AFB, MS  -  Article 134.  You, were, 

on or about 28 Sep 93, disorderly, which conduct was to 
the prejudice of good order and discipline in the armed 
forces.  Suspended reduction to Airman.  Twenty one days 
extra duty, (No appeal) (No mitigation) 

e.  Additional: Civilian Conviction, 18 DEC 96 -  Convicted of theft in the 
second degree in District 
Court for the State of 
Alaska at Anchorage. 

LOCI UNDATED -  Traffic ticket for speeding. 
LOC, 19 APR 95 -  Traffic ticket for speeding. 
LOCI 10 MAR  95 -  Traffic ticket for failing to report an 

accident within 48 hours. 

f.  CM:  None. 

g.  Record of SV: 12 Dec 91 -  11 Aug 93  Keesler AFB 
12 Aug 93 -  12 Apr 94  Keesler AFB 
13 Apr 94 -  12 Apr 95  Elmendorf AFB  4  (Annual) 
13 Apr 95 -  12 Apr 95  Elmendorf AFB  4  (Annual) 

3  (Initial) 
4  (CRO) 

h.  Awards &  Decs:  AFTR, AFOUA W/2 OLCS, AFGCM, AFLSAR. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (03) Mos  (06) Das 
TAMS:  (05) Yrs  (02) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd  13 Sep 0 5 .  

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO BRIEF. 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Revlew  Boards Agenay 
Support Dlvldon, SK. Louis 
9700 Pnge Avenue 
St.  LOUIS, MO  63132-6200 
(Sam http://arba.amy.pantagon.mll) 

AIR FORCE 

Air Forca Asvisw Boards Aamncy 
SAF/MABR 
550-C Street Wmt,  Suite 40 
Randolph AFB.  TX  78 1504742 

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DD FORM 293.  MAR 2004 

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NAVY AND  MARINE CORPS 

Naval Councll of  Peraonnel Boerde 
720 Kernon Straat.  S.E. 
Room 309 (NDRB) 
Washington Navy Yard,  DC  20374-6023 

COAST GUARD 

U.S.  Coast Ouard 
Comrnandnnt (G-WPM) 
2100 Seoond Strmet, S.W.  Room 5500 
Washington, DC  20593 

Page 2 ot 4 Pages J 

DEPARTMENT OFtTHE AJR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR 3 MDSSISGSAH ( S M ;  

FROM 3 MDSSICC 

SUBJECT: Notification Memorandum--Board Hearing 

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1.  I am recommending your discharge from the United States Air Force for misconduct, and 
specifically for civilian conviction.  The authority for thls action is AFPD 36-32 and AFI 36-3208, 
under the provisions of paragraph 5.5 1.  Copies of the documents to be forwarded to the separation 
authority to support this recommendation are attached, 

2.  My reasons for this action are: 

On or about 18 Dec 96, you were adjudged guilty of theft in the second degree for stealing 

approximately $8,832.43 in cash, while employed at J.C Penney, as evidenced by a judgment, from the 
District Court for the State of Alaska at Anchorage, case # 3AN-S96-6806CR, dated 18 Dec 96. 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
Discharge. I am recommending you receive an Under Other Than Honorable Concbtions Discharge 
The commander exercising SPCM jurisdiction or a higher authority wiU make the final decision in h s  
 be ineligible for reenlistment in the A r  Force and will probably 
matter.  If you are discharged, you d l
be denied enlistment in any component of the armed forces and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

4.  You have the right to: 

EL  Consult legal counsel. 

b.  Present your case to an administrative discharge board, 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights,  You must consult legal counsel before making a decision to waive any 

of your rights. 

5.  You have been scheduled for a medical examination.  You must report to the 3rd Aerospace 
Medcine Squadron, Building 24-850 at 0715 on  6 F* 6  9 9  with your rneQcal records.  You 
are to fast (drink water only) for 14 hours, refrain from alcohol 72 hours, and refrain from the use of 
tobacco products 6 hours prior to examination, bring eyeglasses (and contact solution if using contacts) 
ifapplicable.  You must be in uniform for the examination. 

6.  Mditary legd c-qouns~ll h-as been obtained to assist-you. A,~I appointment has been scheduled for you 
: 552-3887, at Bldg 6-920, rm 330 on  4  1-4  77  at  or30  . 
to consult Capi ,..-..-..-..-? 
Instead of the appointed cornel, you may have another, if the lawyer you request is in the actwe 
military service and is reasonably available as determined acmrding to AFI 5 1-20 1.  In addition to 
military counsel, you have the 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. 

7.  Confer with your counsel and reply, in writing, w i h  seven workdays, specrfying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also will sign it. 
If you waive your right to a hearing before an admuusaative &scharge board, you may submit written 
statements in your own behalf.  I will send the statements to the discharge authority with the case file to 
be considered with this recommendation. If you fail to respond, your failure will constitute a waiver of 
the right to the board hearing. 

8.  You have been scheduled for a Transition Assistance Program briefing.  You must report to the 
. You have also been scheduled for a 
Family Support Center at 
TMO Household Gwds Shprnent preprocessing briehg, You must report to bldg 2-900 (People 
Center), rm 247 at 

lul . on  4  F 6  4 3 

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lqOo  b .  on  5- 

7 7 

9.  Any personal mformation you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy of 
AFI 36-3208 is available for your use at your Squadron Orderly Room. 

10.  If you request a board and you fail to appear without good cause, your failure to appear constitutes 
a waiver of your right to be present at the hearing. 

1 1.  The hscharge board or the discharge authority will make the h d h g  and recommendations 
required under 10 U.S.C. 2005(g). 

12.  Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1. Article 15,3 Dec 93 
2.  LOC, undated 
3.  LOC, 10 Mar 95 
4.  LOC, 19 Apr 95 
5.  lMWRF Ltr, 28 Nov 95 
6,  Judgment Case # 3AN-S96-6806CR,  18 Dec 96