NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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I'YPE GEN
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PERSONAL APPEARANCE
NAME OF COUNSEI. AND OR ORGANIZATION
YES
No
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MEMBER SITTING
X
RECORD REVIEW
ADDRESS AND OR ORGANIZATION O F COIJNSEL
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VOTE OF TI.1E BQARa
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GEN
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OTHER
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2
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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.
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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
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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 :
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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
AF | DRB | CY2001 | FD01-00084
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AF | DRB | CY2002 | FD2002-0293
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE X PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION MEMBERS SITTING AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL THE AMERICAN LEGION "HON GEN UVOTHC OTHER DENY ISSUES INDEX NUMBER R P< Sin , y EXBIBIEG SURN ORDER APPOINTING THE Bi APPLICATION FOR REVIEW OF DISCHARGE A92.22 A67.10 A94.06 A92.24 HEARING DATE CASE NUMBER FD-2002-0293 13 MARCH 2002 1 2 3 | LETTER...
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At the time of the discharge, member waived his right to have his case heard by an administrative discharge board, or submit additional statements in his own behalf. waiver of his right to a board hearing and direct that the respondent be separated with an honorable discharge in accordance with AFI 36-3208, paragraph 5.36.2.2 (homosexual conduct). In addition to military counsel, you have the right to employ civilian counsel.