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AF | DRB | CY2006 | FD2005-00489
Original file (FD2005-00489.pdf) Auto-classification: Denied
NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

SGT 
X  I 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

I 

I 

MEMBER SITTING 

v@map: TWK BOARD 
GEN"  "TU~I'IIC 

I  OTHER 

I 

-" +. 

DENY 

HON 

ISSUES 

A94.05 

HEARING DATE 

CASE NUMBER 

I  ORDER APPOIN'I'ING THE BOARD 

1 
2  1  APPLICATION  FOR  REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I 
1 

1 
1 

21 Nov 2006 
A P P U C W S  ISSUE AND ?HE BOARD'S DECISIONAI.  RATlONAL  ARE DISCUSSED ON ?HE AlTACHED AIR FORCE DlSCMRQf$ R@Vl&W @BOARD DKISIONAL RATIONALE 

FD-2005-00489 

I 

I 

I 

1  Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to submit an 
application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's  request. 

I 

m. 

I"""""""""..~..~..~..~..p..~~~~..~~.~,.I..I..I..I..I..I.r~..~..~r,~..~..~..~..~..~.....~.....~..~.' 

SAFlMKHlZ 
550 C STREET WEST, SUITE 40 
RANI)Ol,PH  AFB, TX 78 150-4742 

INDORSEMENT 

FROLI, 

DATE:  12/5/2006 

SLCRLTAR\  Ok  IHL AIR FORCE PERrONhEL COL YClL 
AIR FORCE DISCHARGE REVIE\V  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00489 

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.  Although not explicitly stated, applicant contends her discharge was inequitable because it was too 
harsh.  She also contends that she was discharged for misconduct because she couldn't  find a short term 
designee for dependent care and no action was ever taken against her husband.  The records indicated the 
applicant received an Article  15, a Letter of Reprimand, three Letters of Counseling, and three no-show 
letters for misconduct.  The applicant was administratively disciplined for failure to go on three separate 
occasions, financial irresponsibility, and dereliction of duty resulting in an eviction from her residence for 
non-payment of rent.  The records also indicated she received an Article 15 for failing to inspect life support 
equipment and making a false official statement.  She received a suspended reduction in grade to Airman 
First Class, forfeiture of pay, and 45 days of extra duty.  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 seeking her baccalaureate in 
criminal justice.  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 SGT)  (HGH SGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Eielson AFB, AK on 27 
Jul 94 UP AFR 39-10, para 5-46 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Nov 67.  Enlrnt Age: 18 7/12.  Disch Age: 26 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-95,  E-50,  G-57,  M-13. PAFSC: IT151 -  Aircrew Life Support 
Journeyman. DAS: 4 Nov 92. 

b.  Prior Sv: (1) AFRes 18 Jun 86 -  30 Sep 86  (3 months 13 days) (Inactive). 

29 days, all M S .   AMN  -  1 Apr 87.  A1C -  1 Feb 88.  SrA -  I Oct 89.  APRs: 
8,7,3(REF). 

(2) Enlisted as AB 1 Oct 86 for 4 yrs.  Svd: 3 yrs 3 months 

3.  SERVICE UNDER  REVIEW: 

a.  Reenlisted as SrA 31 Jan 90 for 4 yrs. Extended 3 Sep 92 for 22 months. 

Svd: 04 Yrs 05 Mo 26 DaS, all AMS. 

b.  Grade Status:  Sgt -  01 Oct 90 

c.  Time Lost:  None. 

1 - - - - -  

d.  Art 15's:  (1) 3 Nov 93, Eielson AFB, AK -  Article 92.  You, who knew 
of your duties, on or about 7 Oct 93, were derelict in 
the performance of those duties in that you negligently 
inspected the life support equipment belonging to Major 
- - - - - - - 1   :  as it was your duty to do.  Article 107.  You 
-.-..-.-..-... 
did, on or about 7 Oct 93, with intent to deceive, sign 
an official record, to wit: AFT0 Form 391, stating that 
an inspection was done on 13 Sep 93, which record was 
totally false in that no inspection was conducted on 13 
Sep 93, and was then known by you to be so false. 
Suspended reduction to A1C  (Remitted on 30 Mar 04). 
F o r f e i t u r e   of $100.00 pay  p e r   month f o r   2  months,  and 45 
days extra duty. (No appeal) (No mitigation) 

e.  Additional: LOR, 31 MAY 94 -  Dereliction of duty. 

Notice Of Eviction, 12 MAY 94 -  Evicted from residence for 
LOCI  25 APR  94 -  Dereliction of duty. 
Notice of Eviction, 28 DEC 93 -  Evicted from residence for 

none payment of rent. 

a failure to uphold a 

requirement listed in the 
rental agreement. 

NO-SHOW LTR, 03 MAY 93 -  Failure to go. 
NO-SHOW LTR, 27 APR 93 -  Failure to go. 
LOC, 13 APR  93 -  Financial irresponsibility. 
LOC, 13 APR 93 -  Financial irresponsibility. 
NO-SHOW LTR, 08 JAN 93 -  Failure to g o .  

f.  CM:  None. 

f .   Record of SV: 01 Oct 89 -  30 Sep 90  Charleston AFB  3  (Annual) 

01 Oct 90 -  29 Sep 91  Charleston AFB  3  (Annual) 
30 Sep 91 -  26 Mar 92  Charleston AFB  4  (CRO) 
27 Mar 92 -  01 Oct 92  Charleston AFB  3  (CRO) 
02 Oct 92 -  01 Oct 93  Eielson AFB 

4  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, NCOPMER, HSM, AFLSAR, AFOUA ~ / 2  OLCS, AFGCM 

W/1 OLC, AFOSLTR, AFAM . 

i.  Stmt of Sv:  TMS:  (081 Yrs  (01) Mos  (201 Das 
TAMS:  (071 Yrs  (09) Mos  (27) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Dec 05. 

(Change Discharge to Honorable) 

I S S U E S   ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHAROE 

FROM THE ARMED FORCES OF THE UNITED STATES 

tFleaue read instructions on Pages 3 and 4 BEFORE completing this appllcetlon,) 

Form Approved 
OMB NO. 0704.- 
Expires Aug  3 1,2006 

ot hiormnbn L .vtlmMmd  to nurag. 30 mHuur & nrponu, lneluding ltn tlrm for rwlmwing innruwiono.  memhlng uls!lno  data wurar, 
Thm  publii ~potth@ burdan tor  th* wl.l*ctlon 
0"k.rho  and rnairmhlno thm  dmta nnded,  n d  compWnp nd  revlmwly tlu c o l l e n  of informnlon.  e n d  commntr mgnrdinp thlr burden eslmme or mmy  o t h r  upct of thu  colMion 
of informatbn, includiw augpntbrm for redualno t!n b w h ,  to Ih. DIprnmni of Drfanu,  Exuutlve E4rvku md Communknbnr DincmrH. l07040062l. R.rpondomr rhould bm  4wwa 
comrol rumw,   WE DO  NOT  RETURN YOUR  FORM TO  THE  ABOVE ORUNRATKIN.  RETURN COMPLETED FORM  TO  THE APPROPRlATE ADDRE66  ON 
that n o t w h t n d h   any other provlrbn ol law, m panon rhnll bo  w b h t  to  m y  prmlty  tor fmllhg lo wmaly  wkh l o o l W o n  of Informdon If It d m  not dlaplmy l cumntly vdid OM0 
BACK OF THlS PAGE. 

PRIVACY ACT 8TATEhlENT 

AUTHORITV:  10 U.S.C.  1663: E.0.  0397. 
PRINCIPAL PURPOSEIS):  To apply for a change in the characterization or reason for military discharge inrued to an individual. 
ROUTINE USUS):  None. 
DISCLOSURE:  Voluntaty:  however, failure to provlde identifyinq information may im~ede proea~sina of this application.  The request for 
Soclisl Security Number is atrlctly to assure proper 1den~;fication-of the ~ndividucll.and approprim*  records, 
1.  APPLICANT DATA  (The pr8on whore discharge ia to ba rovimwsdl.  PLEASE  PRINT OR  TYPE INFORMATION. 
b.  NqMLJLCSl- Ek-4-  h7ddI~JdrCLL - - - - - - - - - - - - - - - - - - - - - - - - - -, 
m~ b~ ~ I S E ~ X R W ~ R  

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- 
BEPxRA~~~K x- bisE~iiSg ~ ~ M R A C T E ~ ~ T I O N  

d.  S&AIAL8CCYAITV f i & R  

RAD  /RANK AT  D SCHAROE 

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REC~IVED (X om)  B.  BOARD ACTION REOUEST ED (X one) 

-, 

(Y Y Y YMMDDI (It dare Is n w ~ a  than  16 years 
a@,  submit r DD Farm  1 4 9 )  
lW4 -
OR SEPARATION 

hr)  A?# 

3.  UNIT AND  LOCATION AT DISCHARGE 

a

-

 

HONORABLE 
GUISRAUUUDEH HONORABLe CONDmONS 
WDER OTHER ww  H~WO~UILL cowmolys 
U D  CONDUCT  ISpseIY coufl-marttal onlvl 
UNCHARACtERPW 
R SEPARATION TO! 

CHANGE TO OEUWUUNMR 
HQNqRAillLR COWOlTlONS 
CHANOC tO UNChARAmRIZED 
/Not applicable for A r  Farce) 
CHANPE NARRATIVE R m O N  FOR 

~ ~ , C H A N Q E  

TO  HONORME 

. . 

[  AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES. JUSTIFICATION,  OR  EVIDENCE. 
If military documents or madkalr.cords  are relovatn to your cmm, please send copims.) 

8.  IN SUPPORT OF THIS APPLICATION, THE FOLLOWINQ ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:  (Continue In Item  I  7. 
I 

I 

11.  APPLICANT MUST SIGN IN ITEM 13.s.  BELOW.  If the record In question ir that of r  deumsed or inaompctent person, LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If tha hppflcatlon I8  sirinad bv other than the n~dicant. indlute 
the name lprlnrt 

and rehlanihlp by m a r k l ~  a b&  blow. 

. . 

d.  FAX  NUMBER /Include A m  Codel 
I 

1 

I 

I 

NEXT OF KIN 

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

13.  CERTIFICATION.  I nuke th* 'toregolng stntdments,  rs phrt of my claim.  with full knowledge of the 
pnddam Involved for willfully rnaklng 8 fmln rtatement or dslm. (U.S. Coda, Tltle 18, Sactiom 287 
and  7 0 0 1 ,  provide that en indlviduel shall be fined under this tllle w imprisonad not mom than 6 years, 
nr  hnth  1 

-. --...., -------.--------------------------------- 
b-B -F6 k-M- 2-sj; -m-*-R-  -* 6-oT4---  T------- 

:  b.  DATE SIONCP - REQUIRED 
: 
il a o b / o / / / /  

PREVIOUS EDITIONS ARE O B S ~ E T E .   / 

/Do not  writo in this space. ) 

Page 1 of  4 Pages 

(WYYMMPDI 

/ 

CASE NUMBER 

14. CONTlNUATION OF ITEM 6, ISSUE8 Ilf applicabld 

1 6. RE MARKS Ilf applicable1 

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ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St.  Louis, MO  63132-5200 
(See http://arba.army.pentagon.rnil) 

AIR  FORCE 

Air  Force Review Boards Agency 
SAFIMRBR 
560-C Street West,  Suite 4 0  
Randolph AFB,  TX  781 50-4742 

1 

I 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

NAVY AND MARINE CORPS 

Naval Council of  Personnel Boards 
720 Kennon Street,  S.E. 
Room 309 INDRB) 
Washington Navy Yard,  DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W. Room 5500 
Washington, PC 20593 

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DD FORM 293, MAR 2004 

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Page 2 of  4 Pages 

"'t I 

: 1 
'4  \ 

."-- 

.. ..--  .-- 

DEPARTMENT OF  THE  AIR  FORCE 

PACIFIC AIR FORGES 

MEMORANDUM FOR SGTi 

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

: :I  -353 FS (PACAF) 

FROM:  353 FS/CC 

1151 Flightline Ave  Ste 1 
Eielson AFB AK  99702-1600 

SUBJECT: 

Not if icat Ion Letter -  Board Hearing -  INFORMATION MEMORANDUM 

1.  I am recommending your discharge from the United States Air Force for 
Mi sconduct--Minor Discipl inary Infractions according to AFR  39-10, under the 
separation authority to support t 1 is recommendat ion are attached, 
provisions of paragraph 5-46.  Co ies of the documents to be  forwarded to the 

2.  The following fo'rnis the basis for this action: 

a.  On or about 15 Dec 92, you failed to attend a mandatory training 

appointment for M-16 Live Fire as evidenced by  a no-show letter dated 8 Jan 
93.  ( ~ t c h  1) 

b.  On or about 26 Feb  93, you uttered a worthless check  in the amount of 

$20.09  to the Army Air Force Exchange Services (AAFES) as evidenced by  a 
dishonored check notification  letter dated 31 Mar 93.  For this infraction, 
you received a Letter of Counsel ing dated 13 Apr 93.  (Atch 2) 

c.  On or about 26 Feb 93, you uttered a worthless check  in  the amount of 
$70.70  to AAFES as evidenced by  a dishonored check notification  letter dated 
31 Mar 93.  For this infraction, you received a Letter of Counseling  dated 13 
Apr 93.  (Atch 2) 

d.  On or about 6 Apr 93, you failed to attend a mandatory training 

appointment for Hazardous Cargo Training as evidenced by  a no-show letter 
dated 27 Apr 93.  (Atch 3) 

e.  On  or about 23 Apr 93, you failed to attend a mandatory  training 

appointnient for Unit S.A.B.C.  as evidenced by  a no-show letter dated 3 May  93. 
(Atch 4) 

f.  On or about 7 Oct 93, you were derelict in the performance of your 
duties in that you ,n-egljaeflly failed to inspect the life support equipment 
belonging to Major:.-..-.-..-;. 
dated 3 Nov 93.  (Atch 5) 

For this infraction, you received an Article  15 

g.  O n o r  about 7 Oct 93, you signed an official record  indjc-atj-~~l-you had 
conducted an inspection on the life support equipment of Major: 
which record was totally false.  For this infraction, you receiiiia-f8-irtlcle 
15 dated 3 Nov 93.  (Atch 5) 

,I 

h.  On or about 28 Dec  93, you failed to uphold a requirement listed in 
your rental agreement by  not changing the electric account  into you name as 
evidenced by a Landlord Notice to Tenant of Eviction notice dated 28 Dec 93. 
(Atch 6) 

i.  On  or about 25 Apr 94, you were derelict in the performance of your 
duties in that you negligently failed to properly coordinate a request for a 
comp day and failed to properly ensure arrangements for passing out bul lding 
keys,  These infractions negatively impacted sup ort for Amalgam Warrior.  For 
this infraction, you received a Letter of Counse ing dated 25 Apr 94. 
(Atch 7) 

e 

j.  On or about 25 Apr 94, you were derel lct in the performance of your 

duties in that you negligently failed to provide Dependent Care Certification 
as you were  instructed to do by your First Sergeant.  For t h i s   infraction, you 
received a Letter of Reprimand dated 31 May 94.  (Atch 8) 

k.  On ur about 12 May 94, you violated the terms of your rental agreement 
as evidenced by a Notice of Eviction for Non-Payment of Rent dated 12 May 94. 
(Atch 9) 

3.  This action could result in your separation with an honorable or general 
discharge.  f  am  recommending that you receive a general discharge.  The 
commander exercising  SPCM jurisdiction or a higher authority will make the 
final decision  in this matter.  If you are discharged, you will  be  ineligible 
for reenlistment  in  the Air Force. 

4.  You have the right to: 

a.  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  hearlng. 

e,  Walve the above rights.  You must consult legal counsel before making 

a decision to waive any of your rights. 

5.  You have/lxw~&  been scheduled for a medical examinat ion.  You must 
report to Physical Examlnatlons Section, 354 MEDS,  Building 3349, at  0 7 3 0  (v3 
hours on 9 &&94[ 

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

6.  Mi 1 i tary lega'l counsel , Captain 1 ...,....-..-.-..- !, Area  Defense  Counsel , 01 dg 
3112, Extension 7-2257, has been  obtained 
been scheduled for you to consult him on 
Instead o f   the appointed counsel, 
request is in  the active military 
determined according to AFR  111-1.  In addition to military counsel, you have 
the right to employ civi 1 ian counsel.  The Air Force does not pa  expenses 
incident to the employment of  civilian counsel.  Civilian counse , if 
employed, must be  readily available, 

f 

Confer with your counsel and reply, i n  writing, within 7 workdays, 

7. 
specifying the rights you choose to exercise.  The statement must be signed i n  
the presence of your counsel who, also wi 1 1   sign it.  If you walve your right 
to a hearing before an administrative discharge board, you may submit written 
statements in your own behalf.  (I will  send the statements to the  discyrge 
authority with the case file to be considered with this recommendation.  If 
board  hearing . 
you fail to respond, your failure will constitute a waiver of the right to the 
8.  Any personal  information you furnish in rebuttal is covered by the Privacy 
Act  Statement as explained  in AFR  39-10, attachment 2.  A copy of AFR  39-10 i s  
available for your use in our orderly room. 

9.  Execute the attached acknowledgment and return i t)uT,e 

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

i r n t n m y .  

Attachment: 
1.  No-Show Ltr, 8 Jan 93 
2.  LOC, 13  Apr  93 
3.  No-Show Ltr, 27 Apr 93 
4.  No-Show Itr, 3 May 93 
5,  Article 15, 3 Nov  93 
6.  Eviction Notice, 28 Dec 93 
7.  LOCI  25  Apr  94 
8.  LOR, 31 May 93 
9.  Eviction Notice, 12 May  94 
10. Mentaj--Hegjth-Eval uat ion, 30 Nov  93 
11.  Sgt : 

:Acknowledgment 

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



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