Search Decisions

Decision Text

AF | DRB | CY2006 | FD2005-00410
Original file (FD2005-00410.pdf) Auto-classification: Denied
1 
1  NAME OF SERVICE MEhlBER (LAST, FIRST MIDD1.E  INITIAL) 
.-------------------------- 
.....-.-....-.-....-------: 

( ~ F N  I 

1 

I 

PERSONAL 

APPEARANCE 

I 

I NAME OF COUNSEI, AND OR 0HC;ANIZATION 

' 

11~": 

I 

I 

MEMBER SITTING 

ISSIIES 

A94.05 
A93.09 

INDEX  NUMBER 

A67.90 

1  GRADE 

AB 
X  I 

I 

I 

I 

RECORDREVIEW 

ADDRESS AND OR ORGANlZA rlON DE  ('OIINSEL 

, *'8 

" 

VQp&dF THE BOARD 

I 

I 

I 

EXB1131TS SUBMITTED TO 'l"flE BOARD 

1 
1  1  ORDER APPOINTING;  I Ht BOARD 
1  2  1  APPLICATION bOR  REVIEW OF DISCHARGF 
I  3  1  LE?"I'ER  OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COIINSEI.,'S  RELEASE TO 'THE  BOARD 
ADDITIONAI, F.XH[BITS SUBMITTED A'l"I'IMF:  OF 
PERSONAL APPEARANCE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

1  AFSNISSAN 

- - - - - - - - - - - - - - a  

L...-.-....-.-! 

CASE NUMBER 

I 

TAPE RECORDING  OF PERSONAL APPEARANCE 

-- 

I 

I 

I 

APPLICANT  S ldSW!3  AND 7'MEBDdRD'S IltClSIaNAC RATIONAL ARE DlSCWSSED OM THE AT'I'AC~LED AIR FORCE DISCHARGE REVIEW B D N  DEC~S~ONAL RA'r IONALI. 

Case heard in Washington, D.C. 

I 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and tlle right to 
submit an application to the AFBCMR 

Names and votes will be made available to the applicant at the applicant's  request. 
1  *Reason and Authority 

I  '"' 

SAFIMRRR 
550 C STREET WLS'I',  SlllTE 40 

1  FROM: 

SECHEIAIIY Oh' THE AIR FORCE PERSONNEL COLlNClL 
AIR  FOK(:E  D1SC:IIARGE REVIEW BOARD 
1535 COMMAND DR, EE WIN(;.  3RD FLOOR 
ANDREWS AFB, MD ZU762-7UUZ 

AFHQ FORM 0-2077, JAlY  00 

(EF-V2) 

Previous edition will be used 

up 

- 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005~00410 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

The applicant was offered a personal appearance before the Llischarge 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 evidencc 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.  The records indicatcd the 
applicant received an Article  15 and two Letters of Reprimand for misconduct.  In reverse order of 
occurrence, the Letters of Reprimand were for having an unescorted person found in her dormitory room, 
unauthorized travel out of the area, disrespect to a Noncommissioned Officer and insubordination.  The 
Article  15 was for theft.  She was reduced in grade to airman basic, suspended forfeiture of pay and 
restriction to the limits of Little Rock AFB for 30 days.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to changc 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. 

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 lor 
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 AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF ~ i t t l e  Rock AFB, AR on 
19 Aug 05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct 
Prejudicial to Good Order and Discipline).  Appeals for Honorable Discharge, and 
to Change the Reason and Authority for Disch. 

2.  BACKGROUND: 

a. DOB: 24 Jan 83.  Enlmt Age: 20 6/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-52,  E-36,  G-40,  M-26. PAFSC: 1C032 -  Aviation Resource 
Management Apprentice. DAS: 19 Mar 04. 

b.  Prior Sv:  (1) AFRes 11 Aug 03 -  2 Dec 03  (3 months 22 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 3 Dec 03 for 4 yrs. Svd: 01 Yrs 08 Mo 17 Das, all AMS. 

b.  Grade Status:  AB -  29 Jun 05  (Article 15, 29 Jun 0 5 )  

A1C - Unknown 
Amn -  3 Jun 04 

c.  Time Lost:  None 

d.  Art 15's:  (1) 29 Jun 05, Little Rock AFB, AR  -  Article 107.  You, 

did, on or about 20 May 05, with intent to deceive, sign 
an official statement, to wit: "I have never stolen 
anything or taken anything without one's permission,I1 
which statement was false in that you stole a shirt and 
towel, on or about 20 May 05, at or near Building 854, 
and was  then known by you to be so false.  Article 121. 
You did, on or about 20 May-.~~,.-st~.+!:.a-.;owel, of some 
:  You, did, on 
value, the property of A1C : 
or about 2 0 May ,.OEr,.-st.eal..a-fihixL', of some value, the 
:  Reduction to AB. 
property of AlC: 
Suspended forfeiture of $617.00 pay.  Restriction to the 
limits of Little Rock AFB, AR, for 30 days.  Thirty days 
extra duty, and a reprimand. (No appeal) (NO mitigation) 

L..-....-..-.-..-..-----------, 

C....................., 

e.  Additional: LOR, 10 JAN 05 -  Unescorted person found in dorm room. 
Boyfriend found in room unescorted and 
smoking.  Hair out of standards. 
Insubordinate to an NCO.  Unauthorized 
travel out of the area and late for work 
upon return. 

LOR, 13 JAN 05 -  Disrespect to an NCO and insubordination 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  GWOTSM, AFOUA ~ / 1  OLC, AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (00) Mos  ( 0 9 )   Das 
TAMS:  (01) Yrs  (08) Mos  (17) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 25 Oct 05. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

Issue 1:  My discharge was inequitable because it was based on incidents 

that happen to be probable.  I had probable casue for my actions.  My work 
environment was great, it was my personal life I was trying to maintain. 
Furthermost  (sic), I was trying to adjust to military.  In doing that I failed, 
because of personal problems.  My actions were intolerable due to the lack of 
depression and an abusive relationship in which I was seeking outside help. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

62 AlRUFt 8PUmRON 

LrrrLe ROCK MI, ARKANSAS 72099 

MEMORANDUM FOR  AB i 

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

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

FROM:  62 ASICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  A Pattern 
of Misconduct, Conduct Prejudicial to Good Order and Discipline, The authority for this action is 
AFPD 36-32 and MI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your service 
will be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 28 December 2004, you left the local area and traveled to Houston, Texas, 
without requesting or receiving epproved leave.  You reported late to work the following day 
because of your unapproved travel.  On or about 7 January 2005, you failed to escort a visitor to 
your dorm room. Specifically, your boyfriend was found smoking and alone in your dorm room. 
In addition, you were briefed in December 2004 about your style of hair being out of regulations. 
When your supervisor again addressed your hair being out of standards in January 2005, you were 
insubordinate.  For your miscanduct, you received a Letter of Reprimand (LOR) on 10 January 
2005 (Attachment 1- 1). 

b.  On or about 13 January 2005, you were unprofessional in your behavior towards your 
supentisor.  Additionally, you displayed questionable behavior by refusing to sign your 623A 
training enty for the day.  For your actions, you received a LOR dated 13 January 2005 
(Attachment 1-2). 

c.  On or about 20 May 2005, you made a false o.Cficial statement and you stole the personal 

property of two different airmen.  Specifically, you stole a towel of a fellow Airman First Class and 
a shirt from another Airmffcn First Class and then, with intent to deceive, signed an official 
statement that you had never stolen anythmg or taken anything without permission.  For your 
misconduct, you received nonjudicial punishment under Article 15 of tho Uniform Code of Military 
Justice d a d  29 June 2005 (Attachment 1-3), consisting of reduction to the grade of Airman Basic, 
suspended forfeiture of $617.00 pay, 30 days restriction to base, 30 days extra duty, and a 
reprimand, 

3.  Copies of the documents to be fonvarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States Air Force and, if you 
are discharged, how your service will be characterized. If you are discharged, you will be ineligible 
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult the Area Defense Counsel at Little Rock AFB, on 15 
July 2005, at 0930 hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
1'1  $01 @  unless you request and 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I will send them to the separation authority, 

6.  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. 

7, You are scheduled for the following appointments.  You must fmt report to the Military 
Personnel Plight, Separations Section, located at 1255 Vandenberg Blvd, Room 100 on 18 July 
2005 at 1000 hours.  You must then report to the Medical C!:!jhj!, 
located at 1090 Arnold Drive at 
i  You must fast 14 hours prior to 
1200 hours on 18 July 2005 for your examination with Dr.: 
the examination and may drink only water during that time.hYiii must not smoke 14 hours prior, 
nor may you consume alcohol 72 hours prior to your examination.  If you wear glasses, bring them 
with you.  If you wear contact lenses, bring a container to store them in during your eye 
examination. 

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 at the orderly room. 

9.  Execute the attached acknowledgment and rehlrn it to me immediately. 

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

Commander 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum w1Recoupment Statement 



Similar Decisions

  • AF | DRB | CY2003 | FD2003-00187

    Original file (FD2003-00187.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0187 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code. (Atch 1-2) c. On or about 10 March 2001, you failed to refrain from drinking alcoholic beverages while under the age of 21 and you physically controlled a vehicle while intoxicated. For your actions, you received a Letter of Counseling (LOC).

  • AF | DRB | CY2007 | FD2007-00026

    Original file (FD2007-00026.pdf) Auto-classification: Denied

    His second Article 15 was for failure to go to his appointed place of duty, failure to maintain cleanliness standards in his dormitory room, and for possession of alcohol in his dormitory room while under the age of 2 1. The applicant had additional misconduct and was administratively disciplined for a failed dorm room inspection, having alcohol in his dorm room while under the age of 21, dereliction of duty, being disrespectful towards an IVCO, and failure to go. DEPARTMENT OF THE AIR...

  • AF | DRB | CY2007 | FD2006-00249

    Original file (FD2006-00249.pdf) Auto-classification: Denied

    The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH SRA) 1. (Change Discharge to Honorable) Issue 1: I feel that there was complete injustice done by my commander(s) .

  • AF | DRB | CY2004 | FD2004-00147

    Original file (FD2004-00147.pdf) Auto-classification: Denied

    The DRB noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive an Honorable discharge to receive future educational entitlements. (Change Discharge to Honorable) Issue 1: Am (sic) not trying to make no excuse for my seperation (sic) from the Air Force for drug use, but all my problems in the service occur (sic) at Little Rock AFB. (Atch 1-5) e. On or about 22 January 1995, you failed to report to work on time.

  • AF | DRB | CY2007 | FD2006-00233

    Original file (FD2006-00233.pdf) Auto-classification: Denied

    I I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00233 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AlC) 1. (Change Discharge to Honorable, and to Change the RE Code and Reason for Discharge) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2007 | FD2006-00079

    Original file (FD2006-00079.pdf) Auto-classification: Denied

    JRD FLOOR AFHQ FORM 0-2077, JAN 130 (EF-V2) Previous edition will be r l s e d AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE CASE NUMHb.H FD-2006-00079 GENERAL: The applicant appeals for upgrade of discharge to honorable. United States Medical Report for Disability F;n ~ 6 - -77 , ISSUES I was charged with wrongfully damaging personal property. On or about 5 October 2001, you failed to report to duty at your appointed time.

  • AF | DRB | CY2003 | FD2003-00341

    Original file (FD2003-00341.pdf) Auto-classification: Denied

    Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR, SIGNATURE OF TO: FROM: SAF , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL " AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET T, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD...

  • AF | DRB | CY2005 | FD2005-00156

    Original file (FD2005-00156.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SrA) (HGH SrA) 1. (Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge) Issue 1: I am asking for an upgrade because I would like to reenter the Air Force. (Atch 4) - e. On or about 11 Jan 02, you allowe you were insubordinate to arresting officers LOR, dated 17 Jan 02.

  • AF | DRB | CY2007 | FD2006-00365

    Original file (FD2006-00365.pdf) Auto-classification: Denied

    MD 20762-7002 - Previous edition will be used -1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NLIMBLH FD-2006-00365 GENERAL: The applicant appeals ibr upgrade of discharge to honorable and to change the reason and authority for the discharge. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AlC) 1. LOR, 14 SEP 04 - Failure to report to duty on time.

  • AF | DRB | CY2007 | FD2006-00240

    Original file (FD2006-00240.pdf) Auto-classification: Denied

    0 0 ~ ANDREW% AFB, M D 20762-In02 AFHQ FORM 0-2077, JAN 00 I (EF-V2) Previous edition will bc used .-- I AIR FORCE DISCHARGE REVIEW BOARD DECISlONAL RATIONALE CASE NllMHEH FD-2006-00240 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code. Applicant's Issues. For your misconduct, you received a Record of Individual Counseling (ROIC) dated 13 August 2003 (Attachment 1 -2).