AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE GEN 

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PERSONAL APPEARANCE 

GRADE 

AIC 
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RECORD REVIEW 

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NAME O F  COllNSEL AND O R  ORGANIZATION 

ADDRESS AND OR ORCANIZAI'ION  O F  C'OUNSLSI. 

Y E5 

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MEMBER SITTING 

VOTE OF THE BOARD 
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llON 

GCN 

UOTIIC 

I  OTIIER 

I  DENY 

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ISSUES  A42.00 

A67.50 

INDEX NUMBER 

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EXHIBITS SUBMITTED TO I%-1 

I  ORDER APPOINTING THE BOARD 

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2  1  APPLlCATlON  FOR  REVIEW OF IIISCHAKCiE 

HEARING DATE 

CASE NllMBER 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

'I.APE  KECOKDINO OP PERSONAL APPEARANCE 

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27 Jun 2006 
APPLICANT'S I S S E  AUD THE  BOARD'S  DECISlOhAL  RATIONAL  Ut DISCI!ShED  ON T E  ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIOYAL  RATIONALE 

FD-2005-00427 

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Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

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

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 

. ". 

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

SECRETARY O F  THE AIR FORCE PERSONNEI. (:OlINCIL 
AIR FORCE LIISCH.\RGE  REVIE\\  BOARLI 
1535 COMMAND D R  EE  H ISG. 3RD FI.OOH 
ANDREWS AFB, MD 20762-700Z 

AFHQ FORM  0-2077, JAN 00 

(EP-V2) 

Previous edition will  be  used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00427 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 27 June 2006. 

'I'he following additional exhibits were submitted at the hearing: 

Exhibit #5: 3 Character Reference Letters 
Exhibit #6: Business Certificate (New Hope Surrogacy Center) 
Exhibit #7: Appointment Letter as College Senator 
Exhibit #8: Ohio State University grades 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety  that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because she was discharged while the other party 
involved with her in an adulterous relationship was not discharged.  The Council did not agree that this 
demonstrated an inequity.  The other individual may have had a very different service record from the 
applicant.  The applicant's  record was filled with documented episodes of interpersonal conflict and 
insubordination that disrupted her unit. 

Issue 2.  Although the applicant did not argue the following point, the DRB granted an upgrade based upon 
the applicant's mental health issues and the peculiar form the unit's rehabilitative efforts took.  The 
applicant's  tragic history of sexual abuse as a child obviously severely affected her mental and emotional 
well-being and rendered her incapable of adapting to the needs of the military.  While her medical records 
did not quite provide all the evidence which would have supported a mental health discharge, there was no 
doubt in any of the DRB member's  minds that her issues significantly impaired her ability to perform her 
duties.  Additionally, her unit repeatedly verbally counseled her for multiple infractions and did not utilize 
appropriately graduated disciplinary tools in a timely fashion.  It appeared to the Council that the unit's 
failure to utilize an increasingly severe response to recurrent misconduct had the effect of leading the 
applicant to believe that there would be no serious response to her misconduct.  The unit kept voluminous 
memos for record concerning her behavior, but did not properly document thosc events at the time they 
occurred and failed to take rapid disciplinary action.  Instead they waited until there was an overwhelming 
mass of evidence documenting the interpersonal conflicts the respondent generated and then used that 
evidence to discharge her.  Under the highly unusual facts of this case, the DRB unanimously concluded that 
the respondent's mental health issues significantly contributed to her problems dealing with superiors and 
co-workers.  The majority of the DRB also believed her unit did not properly respond to her disciplinary 
infractions.  The DRB concluded the equitable course of action was to upgrade the respondent's  discharge to 
honorable and change the reason for the discharge to Secretarial Authority. 

The  Board  concludes  that  the  overall  quality  of  applicant's  service  is  more  accurately  reflected  by  an 
Honorable  service  characterization  and  the  reason  for  the  discharge  is  more  accurately  described  as 
Secretarial Authority.  The  applicant's  service  characterization  should be  changed  to  Honorable  and  the 
reason for discharge should be changed to Secretarial Authority under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Falcon AFB, CO on 27 Jun 
97 UP AFI 36-3208, para  5.50.2  (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Nov 96.  Enlmt Age:  18 6/12.  Disch Age: 20 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-90,  E-86,  G-94,  M-74.  PAFSC: 3C031 -  Communications Computer 
Systems Programming Apprentice. DAS: 5 Jan 96. 

b.  Prior Sv:  (1) AFRes 25 May 95 -  26 Jul 95  (2 months 2 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 ~ u l  95 for 4 yrs. Svd: 02 Yrs 11 MO 02 Das, all AMS. 

b.  Grade Status:  A1C -  27 Nov  96 

Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional:  LOR, 
LOCI 
MFR, 
LOCI 
LOR, 
MFR, 

20 MAY  97 -  Disrespect to an NCO. 
02 APR  97 -  Unprofessional  relationship. 
25 FEB 97 -  Failure to go. 
25 OCT 96 -  Unprofessional  relationship. 
13 SEP 96 -  Disrespect to a commissioned officer. 
30 AUG  96 -  Leaving the duty section without 

LOCI 
LOA, 

30 AUG  96 -  Failure to obey a lawful order. 
16 JUL 96 -  Creating a stressful and distrusting work 

authority. 

environment. 

f.  CM:  None. 

g.  Record of SV: 27 Jul 95 -  26 Mar  97  Falcon AFB  2  (InitialjREF 

h ,   Awards  &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (03) Das 
TAMS:  (02) Yrs  (11) Mos  (02) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 31 Oct 05. 

(Change Discharge to Honorable) 

DEPARTMENT ~F'TTHE AIR  FORCE 

som smcr mm; WFSPC) 

MEMORANDUM FOR 50 SWICC 

FROM:  50 SWIJA 

SUBJECT: , - Legal 

- - - - - - - Review 

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of Administrative Discharge- Airman First Class : L - - - - - - - - - - - - - .  

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1.  We have reviewed Airman First Class L - - - - - - - - - - - - - - - - - - - - - - ,  
sufficient basis for discharge under AFI 36-3208, Administrative Se~aration of A i m ,  
paragraph 5.50.2, Pattern of Misconduct. 

:discharge file and find 

*,  A Ic----------- 

!commanders Lt Col i- - - - - - - - - - - - - - - - - -; 

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initiated administrative discharge 

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action &d~f&ii~pP_~:oPPria~ 
1997. Tab 6.  AlC i -------- :was 
Tab 5.  On 23 May  1997, after consulting Captain i - - - - - - - - - - - -- - 
AICI-------. 
-------- 

provisions of AFI 36-3208, paragraph 5.50.2 on 22 May 
notified and receipted for this action on the same date. 

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

:waived her right to submit statements regarding this discharge action.  Tab 

j the area defense counsel, 

a 

-------. 

-------- 

3.  Lt Col i - - - - - - i recommends A 1 c i - - - - - - - I :be discharged with a General, under honorable 
i continued 
conditions, discharge.  Tab 3.  His recommendation is based on AlC : 
disciplinary problems and her fgl-w, to correct her behavior after administrative action 
: does not recommend probation and rehabilitation 
was taken.  In addition, 
since he has given A 1 C ! 
and become a 
productive member of tlie-~ii gorce.  Dcspite these efforts, A 1 C i 
!continues to fail 
to meet standards. 

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!numerous chances to cofrect her behavior 

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4.  As the Special Court-Martial Convening Authority, you may: 

a.  recommend that the General Court-Martial Convening Authority direct that the 
airman be given an Honorable Discharge, with or without probation and rehabilitation,  if 
you believe that the quality of this airman's service generally has met Air Force standards 
of acceptable conduct and performance of duty or is otherwise so meritorious that any 
other characterization would be inappropriate; 

b.  direct that the airman be given a General, under Honorable Conditions 

Discharge, with or without probation and rehabilitation,  if you believe the airman's 
service has been honest and faithful, but there are significant negative aspects of her 
conduct or performance of duty that outweigh positive aspects of her military record; 

c.  convene a discharge board to consider whether the airman be given an Under 

Other Than Honorable Conditions Discharge, with or without probation and 

Gotdm Legacy, Boundless Future... Your Ndtionr Air Force 

Issue 1:  My discharge was inequitable because it was based on inaccurate or 

misleading information.  I was also given a poor review as a result of an 
incident involving someone else who was not treated in the same manner.  Small 
incidents were inaccurately recorded and work performance was not considered.  I 
was instructed that accepting a general discharge was the same as honorable and 
would not affect my G.I. Bill.  I have now learned that this is not the case. 
Despite paying $1,200.00 for my G.I. Bill, I will not be able to collect it due 
to my discharge classification. 

ATCH 
None. 

rehabilitation, if you believe she has demonstrated a pattern of behavior that constitutes a 
significant departure from the conduct expected of airmen; or, 

d.  direct that the airman be retained in the Air Force. 

recommend~ou 

----- sign the attached letter behind Tab 1 discharging Airman First 
5.  We I - - - - - - - - - - - - - - -  
Class ----------------------- !with a General discharge from the United States Air Force 
under AFI 36-3208, paragraph 5.50.2, Pattern of Misconduct, without probation and 
rehabilitation. 

Attachment 
Case File 

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

MEMORANDUM FOR AIC j .----------------------------------------------' 
FROM:  50. SCSICC 

SUBJECT: Notification Memorandum 

I am recommending your discharge fiom the United States Air Force for A Pattern of 
Misconduct.  The authority for this action is AFPD 36-32 
and AFI 3
paragraph or paragraphs 5.50.2.  If my 
o
recommendation is approved, your service will be characterized as honorable or general.  I am 
rewmrnending that your service be characterized as general. 

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My reasons for this action are: 

a.  An investigation has disclosed that your conduct towards a Non-commissioned oEficer 
(NCO) was substandard, The use of disparaging comments towards any person at the work place 
is not acceptable.  Not only did you w e  profanity towards an NCO you have shown total 
disrespect for his authority.  For this misconduct you received s Letter of Reprimand (LOR) 
dated 20 May 97. 

b,  You have been involved and counseled on unprofessional relationship 21 times.  The 
relationships you have placed yourself in have disrupted workcenter operations and caused you 
to miss duty on three separate occasions.  You have been counseled on your work attitude and 
respect for authority seven times.  I have documented two separate occasions that you have left 
your console unattended due to personal problems.  You have missed work on three separate 
occasions with no plausible explanations.  You have discredited your supervisors and 
undermined their authority by misrepresenting the truth.  For this misconduct you received a 
Letter of Counseling (LOC) dated 2 Apr 97. 

' 

c.  On or about 27 F~b97,~you failed to come to work.  SrAi-------' called you and you 

!talked to you and reminded youL6rybii; personal 

said you would be in.  SSgt ! 
responsibility to verify the sc&fd& and you stated you would be in as soon as possible.  You 
arrived to work between 0900 and 0930 after washing your uniform.  When SSgt 
.-.-..-. 
conhnted about your . _ tardiness 
_ _ _ _ _ _,  you blamed SrA : 
between you and SrAi -------- :and both of yFg.wq@ikid to calmed down,  S~A'" "'-' :relaxed 
~kcd you 
while you continued to argue.  O ~ C D  ~ ~ g t
once again to calm down, you i n f o m a  -j$n  that, hewas  in your - personal 
it.  Later that afternoon when ~ ~ ~ t
earlier incident you became upset and threatened to attack SSA - - - - - - 

space and to get out of 
-:and  TSg$--- ---- :..spoke with you about the 

i . - - - - - - - :became fafa to face with you 

ifor misleading you.  An agumedt started 

--- --- 6 TSgt :--- 

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Goldcn Legacy, h u n d l c ~ ~  Futm., Your EIations Air Force 

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d.  Your offduty relationship with SrA I ----- 

) a fellow member of this squadron, has 
manifested itself into poor judgement and unprofessioOd conduct on- and off-duty.  FurJheesore, 
on several occasions on or about 20 Oct 96 your unprofessional klationship with SrA: - - - - - - - - - 
also resulted in thc disruption of mission accomplishment through a number of unofficial 
telephone calls.  For this misconduct you received a Letter of Counseling dated 25 Oct 96. 

e.  On or about 5 Sep 96, an investigation disclosed that you were at Falcon AFI3, 

Colorado, and you were disrespectful towards an officer.  For this misconduct you received a 
Letter of Reprimand dated 13 Sep 96. 
. _ _ _ _ _ _ ,  f.  On or about 30 Aug 96, between the hours of 1900L and 2000L, you was told by SSgt 
i ------- ithat you must accomplish your RCC evaluation tonight is you felt ready.  You immediatdy 
took offense and perceived that SSgt: ------- !was harassing you.  You stormed out of the room, and 
for about 30 minutes you was no where to be found. 

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g.  On or about 28 Aug 96, you were in violation 

all contact, unless on a professional level, with SrAi 
type of misconduct will not be tolerated.  Failwe to follow a direct order is punishable under the 
UCMF, and will be treated as such if further infractions are committed. For thi~ misconduct you 
received a Letter of Counseling dated 30 Aug 96. 

...... of -.- a direct order b m  the me to avoid 
I am here to inform you that this 
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h.  You receivtd an order to cease and desist ..-.-.-... 

i.  Do not persue 
any personal contact while on- or offduty with SrA: - - - - - - - ; Should p r o - f ~ ~ i ~ ~  
become unavoidable condut yourself in a professional manner representing the Air Force.  It is 
expected that your future conduct will set an example of decorum to be followed by your 
associates in the service.  Any deviations h m  the conduct expected of you as a member of the 
United States Air Force will result in more severe action punishable under Article 92 of the 
UCMJ.  Letter dated 22 Aug 96. 

all contact with SrAi 

contact 

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i.  Investigation has disclosed that on several occasions you failed to show a sense of 

urgency for the mission and have created a stressful and distrusting working environment 
because of your disregard for Air Force standards outlined in AFI 36-2909, Professional and 
Unprofessional Relationships.  For this misconduct you received a Letter of Admonition (LOA) 
dated 16 Jul96. 

The commander exercising SPCM jurisdiction or a higher authority will dccide 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. 

You have the right to consult counsel.  Military legal ---------------. 
counsel has been obtained to assist you.  I 
i at Peterson AFB Area Defense 
have made an appointment for you to consult Capti 
Counsel, in Bldg 861 Suite 300 on 23 May 97 at @3a'lioIrUrS:-Ybu may consult civilian counsel 
at you. own expense. 

You have the right to submit statements in y o u  own W f .  Any statements you want the 
sepmtion authority to consider must reach q e  by  May 97 unless you request and receive an 
extension for good cause shown. I will send them to the separation authority. 

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. 

You have been scheduled for a medical examination.  You must report to Peterson M B  Medical 
Clinic at 0730 hours on 23 May 97 for the examination. 

Any ptrsonal information you fhish in rebuttal is covered by the Privacy Act of 1974.  A copy 
of AFI 36-3208, is available for your use in your unit orderly mom. 

Attachments: 
1.  LOR dated 20 May 97 
2.  LOC dated 2 Apr 97 
3.  Memo for Record 
4.  LOC dated 25 Oct 96 
5.  LOR dated 13 Sep 96 
6. LOC dated 30 Aug 96 
7, Order to Cease and Desist dated 22 Aug 96 
8,  LOA dated 16 Jul96 

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