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AF | DRB | CY2006 | FD2006-00021
Original file (FD2006-00021.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

NAME OF COUNSEI.  AND OR ORGANIZATION 

YES 

No 
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MEMBER SITTING 

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RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COIJNSEL 

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VOTE OF TI.1E BQARa 

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ORDER APPOMTMG THE BOARD 
AI'PLICA'I'ION  1;OK KEVlEW 01;  DISCtL4KC;I: 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 

PERSONAL APPEARANCE 

IIEARINC: DATE 

CASE NllMRER 

14 Sep 2006 
APPLlCAnUS ISSL'E AND I H E  BOARD'S DPCISIONAL R4llONAL.  ARE DISCUSSED O h  THE ATTACHED AIR FORCE DISCHAROE RFMEU' BOARD DECISIONAL RATIONALE 

FD-2006-00021 

I 

I 

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Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout counsel, and the right to submit an 
application to the AFBCMR 

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

L...-p".-.-..-,,..-.,.,-..-..-....-..-..-..-.-..-..-..-.-..-..-..-....-..-..-....-..-..-..:  - I\DORSEMEST 

TO: 

SAFIMRBR 
550 C STREW' WEST, SUITE 40 
RANDOLPH AFB. 'I'X 78150-4742 

I 

SECRETARY O F  TlIE AIR  FORCI!  PERSONNEI.  COIINCII. 
41H kOHCt DISCHARGE RE\IE\V  BO4RD 
1535 COMllAND DR. EE WINC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

DATE:  911 8t2006 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2006-00021 

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: 

lssue 1.  Although not explicitly stated, applicant contends her discharge was inequitable because it was too 
harsh.  She also feels she was discharged as a result of the Air Force going through force reduction.  The 
records indicated the applicant received two Article  15's for misconduct.  The Article  15's were for 
wrongfully establishing, developing, and conducting a personal, intimate, and sexual relationship with 
students.  The first Article  15, the applicant was punished with a reduction in grade to airman first class.  The 
second Article 15. she was punished with a suspended reduction to airman, forfeiture of pay and  I5 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 applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366) that she 
understood she must receive an Honorable discharge to receive future educational entitlements.  The Board 
was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter 
of inequity or impropriety which would warrant an upgrade. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Sheppard AFB, TX on 15 
Jun 05 UP AFI 36-3208, para 5.52.3  (Commission of a Serious Offense).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Sep 82. Enlmt Age:  17 11/12.  Disch Age: 22 8/12. Educ: HS DIPL. 

A-50,  E-35,  G-47,  M-29.  PAFSC: 4N051 - Aerospace Medical Services 

AFQT: N / A .  
Journeyman. DAS: 19 Jul 04. 

b.  Prior Sv:  (1) AFRes  12 Sep 00 -  27 Sep 00  (16 days) (Inactive). 

(2)  Enlisted as AB 28 Sep 00 for 4 yrs.  Svd:  3 yrs 7 
months 1 day, all AMS.  AMN -  28 Mar 01.  A1C -  28 Jan 02.  SrA -  28 Sep 03. 
EPRs:  4,5,5. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as SrA 29 Apr  04 for 4 yrs. Svd: 01 Yrs 01 Mo 17 Das, all AMS. 

b,  Grade Status:  A1C -  26 Oct 04  (Article 15, 26 Oct 04) 

c.  Time Lost:  None. 

d.  Art 15's: 

(1) 18 Mar  05, Sheppard AFB, TX -  Article 92.  You did, 

between on or about 6 Dec 04 and on or about 3 Feb 05, 
violate a lawful general regulation, to wit:  paragraph 
4.1.3, AETCI 36-2909, dated 12 Jun 03, by wrongfully 
establishing, developing, and conducting a personal, 
.................... 
intimate, and sexual relationship with a student, SSgt 
i,  not your husband.  Suspended reduction to 
k'i~~~n-.'"'~~~'feiture 
months, and 15 days extra duty.  (No appeal)  (No 
mitigation) 

of $500.00 pay per month  for 2 

(2) 26 Oct 04, Sheppard AFB, TX -  Article  92.  You did, 

between on or about 28 Jul 04 and on or about 20 Sep 04, 
violate a lawful general regulation, to wit: paragraph 
4.1.3, AETCI 36-2909, dated 12 Jun 03, by wrongfully 
establishing, developing, and conducting a personal, 
---------------------------. 
intimate, 

and sexual relationship with a student, SrA 
Reduction to AlC.  (Appeal/Denied) 

. 

L - - - - - - - - - - - - - - - - - - - - - - - - - - .  

(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 26 Mar 04 -  25 Mar 05  Sheppard AFB  2  (Annua1)REF 

h.  Awards  &  Decs:  AFTR, NDSM, AFLSAR, GWOTSM, AFGCM, AFOUA. 

i.  Stmt of Sv:  TMS:  (04) ~ r s  (09) Mos  (04) Das 
TAMS:  (04) Yrs  (08) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Em 293) dtd 08 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Copy of Discharge Correspondence. 

08 JAN 2006 

My discharge h m  the United States Air Force was based on two actions against 
me.  I received two article 15s for what my commander felt was the same action.  The Air 
Force was going through their force reduction at the time and found me unsuitable for 
military service. 

My first Article 15 was issued to me after 4 years of honorable military service.  I 
had jwt reenlisted for another five years and was awaiting a t m h h g  position at Sheppard 
Air Force Base,  I fully accepted the Article against me and received harsh punishment for 
my actions.  I was never in a teaching position.  I was working in the 383d eaining 
squadron at the time.  The squadron was in the process of moving me to the hospital to 
work under my current AFSC. 

During that time I developed a friendship with a TDY student.  My old squadron 

had suspicion that we were seeing each other and proceeded to push the issue with my 
new squadron and Commander.  I rebutted the Article and the Commander found me 
guilty to which he had no evidence.  I received my punishment and continued to work just 
as hard as always knowing I would be put up for a discharge review. 

I feel that my 4 years and 7 months service in the military were honorable even 

after a d  during the Article 15 proceedings.  If I wuld I would still be serving my country 
today.  It is difficult to see people who show up late for work, come in with alcohol on 
their breath, md do a poor job at work, who could care less if they were there or not, and 
they still receive the benefits and  praise of fellow citizens in the community for serving 
our country. I caused no harm to the military.  All I did was have a fiendship with 
another airman that would be dowed anywhere else, on any other base.  I had no position 
above the airman I developed a relationship with, 

The military offers the Montgomery GI Bill to Airmen who serve their time and 

pay into the Bill.  I paid into the Bill my frrst year in service and continued to serve 
honorably for my full M term of service.  I f ~ l
would get the benefits with a general, under honorable conditions discharge.  If anything 
I feel that my discharge should be upgraded to honorable so I can reap the benefits of the 
GI Bill.  I do not feel that my two Article 15 actions should cause me to leave the militaxy 
with no ducatiod benefits. Cmently I am working and trying to figure out how to pay 
for school.  I attended classes in the military for the time I was in.  Now I would redly 
like to finish school. 

that I was misled into believing that I 

 

Please take this into consideration while reviewing my discharge upgrade request. 

I have also attached my discharge paperwork as well as my two article 15s.  Thank you 
for your time.  I am prowl to have served in the United States Air Force. 

Sincerely 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

I 

C....................-..-....-..-..-....-# 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 82 TRW/CC 

31 May 05 

FROM:  82 TRW/JA 

SUBJECT: Legal Review, Recommendation for Discharge - A I C 1 - - - - - - - - - - - - - - - - - - - - - - -, 

, - - - - - - - - - - - - - - - - - - - - - - - -  
' 82 MDOS 

1.  We reviewed this discharge case file and find it legally sufficient.  We concur with the 
82 MDOS/CC's recommendation that A1 C Brownlea, the respondent, be discharged under honorable 
conditions (general) in accordance with AFI 36-3208, paragraph 5.52.3 (commission of a serious 
offense), without probation and rehabilitation (P&R). 

2.  Basis for Actioq:  On 18 May 05, the 82 MDOS/CC notified A1C 1 ----------- 
recommending she be discharged from the service due to her misconduct.  The preponderance of the 
evidence in the case file supports the squadron commander's recommendation. 

i that he was 

4 - - - - - - - - - - -  

3.  Reasons for Discbarae: 

a.  Between 6 Dec 04 and 3 Feb 05, the respondent wrongfully conducted a personal and sexual 
relationship with a student.  For this misconduct, the respondent received Article 15 punishment on 
18 Mar 05. 

b.  Between 28 Jul04 and 20 Sep 04, the respondent (while a Senior Airman) wrongfully 

conducted a personal and sexual relationship with a student.  For this misconduct, the respondent 
received Article 15 punishment on 26 Oct 04. 

4.  Additional Information:  The respondent is 22 years old, began her present enlistment on 
29 Apr 04, and was assigned to her unit on 19 Jul04.  Her ASVAB scores are as follows: 
A - 50, E - 35, G - 47 and M - 29.  The respondent is entitled to wear the Air Force Training 
Ribbon, National Defense Service Medal, Global War on Terrorism Sewice Medal, Air Force 
Longevity Service Award, Air Force Outstanding Unit Award and Good Conduct Medal.  The 
respondent consulted counsel and waived her right to submit statements for your consideration. 

5.  Options:  In accordance with AFI 36-3208, your options are to: 

a.  Direct A1C : 

C.-.-..-....-., 

I - - - - - - - - - - - - - -  

iretention; 

b.  Suspend an under honorable conditions (general) discharge and grant P&R; 

c.  Direct an under honorable conditions (general) discharge without P&R; or 

This communication is privileged as attorney work product  andor attorney-client communication or Is protected by 
another privilege recognized under the law.  Do not distribute, fornard,  or releare without the prior  crpproval of the 

sender or 82 TR W/JA. 

, - - - - - - - - - - - 

d.  Recommend that A 1 C : 

an honorable discharge is ap&iiafi;ihis 
Court-Martial Convening Authority may approve an honorable discharge when the basis for 
discharge is misconduct (AFI 36-3208, paragraph 5.48.4). 

i be discharged with an honorable discharge.  If you determine 
file must be forwarded to 2 AF CC because only a General 

6. Recommendation: Direct A 1 C; 
without P&R. 

- - - - - - - - - - - - -1 

: discharge under honorable conditions (general) 

7.  If you have any questions regarding this matter, please contact me at 6-23 12. 

Attachment: 
Case File 

This communication is privileged crs attorney work product andlor aftorney-client communication or is protected by 
another privilege recognized under the law.  Do not distribute, forward  or release without the prior  approval of the 

sender or 82 TR W/JA. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAIRIRO COMMAND 

FROM:  82 MDOSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge h m  the United States Air Force for Commission of a 
Serious Offense, paragraph 5.52.3. The authority for this action is AFPD 36-32, and AFI 36- 
3208.  If my recommendation is approved, your service will be characterized as honorable or 
under honorable conditions (general).  I am recommending your service be characterized as under 
honorable conditions (general. 

2.  My reasons for this action are: 

a.  You did, at or near Sheppard Air Force Base, Texas, between on or about 6 Dec 2004 and 

on or about 3 Feb 2005, violate a lawful general regulation, to wit: pmgraph 4.1.3,  Air 
Education and Training Command Instruction 36-2909, dated 12 Jun 2003, by wrongfully 
establishing, developing, and conducting a personal, intimate, and sexual relationship with 
a student. For this misconduct, you received Article 15 punishment on 18 Mar 05. 

b.  You did, at or near Sheppard Air Force Base, Texas, between on or about 28 Jul 04 and on 

on or about 20 Sept 04, violate a lawful general regulation, to wit, paragraph 4.1.3, Air 
Education and Training Command Instruction 36-2909, dated 12 Jun 2003, by wrongfully 
establishing, developing and conducting a personal, intimate, and sexual relationship with 
a student. For this misconduct, you received Article 15 punishment on 26 Oct 04. 

2. Copies of the documents to be forwarded 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 Air Force and if you are discharged, 
how your' service will be characterized.  If you are discharged, you will be ineligible to reenlist in 
the Air Force and will probably be denied enlistment in any component of the Armed Forces. 
Any special pay, bonus or education assistance may be subject to recoupment. 

3.  You have the right to consult counsel,  Military legallm~ej.~~ been obtained to assist you. 
I have made an appointment for you to consult 
on 
I@ w,& at  lW 
. YOU  may consult cE 
4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by d3 *y  05  unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

:.............: 
counse~ at your own expense. 

at 

5.  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. 

3 3  476 

6  Member has been scheduled for a medical examination.  Member's appt is -'_at 

with Family Practice. Please arrive 15 minutes early. 

~59 

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 in the Unit Personnel Office, Bldg 1200. 

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

COW 
C.~.*  .-... ..-* * *  -..-.-.,. "'," "?  ----.-r----.' 

82D Medical bpaations Squadron 

Attachments: 
1. AF 3070,18 Mar 05 
2. Written Response to Article 15, 14 attach, 16 Mar 05 
3. Appeal to Non-Judicid Punishment, Col rry-y-y-yI- : 28 
3. Appeal to Non-Judicial Punishment, ~l Ci .-.-......- P : 13 attach, 22 Mar 05 
4. AF 3070,26 Oct 04 
5. Written Response to Article 15, 1 attach, 2 1 Oct 04 
6.  DD Form 2873,22 Feb 05 
7. Aiman's Receipt of Notification CJ d 

- -  Mar 05 



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