NAME OF SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DlSCHARGE REVlEW BOARD HEARING RECORD 

' NAME O F  COUNSEL AND OR ORGANIZATION 

"":?''sQ~N~~' 

No -- 

YES 

X 

ADDRESS AND OR ORGANlZATION OF COUNSEL 

MEMBER SITTING 

cim 

1 

u o T H C   1  OTHER 

DENY 

ISSIIES 

A93.07 

INDEX  NUMBER 

A67.10 

HEARING DATE 

1  17 Oct 2006 

CASE NIIMBER 

I  FD-2006-00040 

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1 

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'  EXRIBITS SWMITTED TO THE BOARD 

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1 
2 
3 
4 

ORDER APPOINTING TI IF.  BOARD 
APPI.ICATION  FOR  REVIEW OF DISCHAKCiE 
1.ETTER OF NOTII-ICATION 
RKlEF OF PERSONNEL FILE 
COUNSEl.'S  RELEASE TO 'THE BOARD 
ADDITIONAL EXlllBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HE 

I 

'S I M  MDTk@ BOARD'S bi@CtORAL RATIONAL A M  D / S W B P  ON THE: AQACWeD AkR FORCE tiiwitpB REVIEW BFI-XIBIQNAI. 

RAY1(YNAZE""" 

Case heard in Washington, D.C. 

I,, 

,, 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
application to the AFBCM R 

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

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I ~ ~ R S E ~ I E N T  

I  FRO\l 

I 

DATE:  10R5/2006 

SECRETARY OF T H t  AIR FORCE PERSOYYUL  COL NClL 
ALR  FORCE DISCHARGE REVIEW BOARD 
1535CO.U.MAYD DR.EE WlNC.3RD FL00M 
ANDREWS AFB. MD 20162-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00040 

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.  The applicant was discharged with a general discharge.  Although not explicitly stated, applicant 
contends discharge was inequitable because it was too harsh.  She further contends that she was a victim of 
domestic violence and did not want anyone to know.  She was a single parent and was not always truthful 
with her leadership concerning her personal situation.  She requests an upgrade of her discharge because 
she does not like the fact her leadership used the negative information to process her for discharge.  The 
records indicated the applicant received six Letters of Reprimand and two Letters of Counseling for 
misconduct.  Applicant was administratively disciplined with six Letters of Reprimand for disobeying a 
lawful order, wearing unauthorized rank, being late for a scheduled appointment, late reporting to work, 
failure to go, and failure to obey an order.  The Letters of Counseling were administered for failing to attend 
a mandatory briefing and disobeying a lawful order.  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 is doing well, has a good job  and is continuing her 
education.  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 ALC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Andrews AFB, MD on 24 
Feb 05 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary ~nfractions) . 
Appeals for Honorable Discharge. 

2.  BACKGROUND : 

a. DOB: 6 Jun 84.  Enlmt Age: 18 0/12.  Disch Age: 20 8/12. Educ: HS DIPL. 
AFQT: N/A,  A-72,  E-45,  G-44,  M-28. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 6 Jun 03. 

b.  Prior Sv:  (1) AFRes 27 Jun 02 -  13 Jan 03  (6 months 17 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jan 03 for 6 yrs. Svd: 02 Yrs 01 Mo 11 Das, all AMS. 

b.  Grade Status:  A1C  -  28 Feb 03 

c.  Time Lost:  None. 

d,  Art15's:  None. 

e.  Additional: LOR, 06 JAN 05 -  Failure to obey an order. 

LOR, 13 DEC 04 -  Failure to go. 
LOR, 19 SUL 04 -  Late for work for the third time. 
LOR, 19 JUL 04 -  Late reporting to a scheduled appointment. 
LOCI 3 1  JUL 03 -  Failure to attend a mandatory briefing. 
LOR/UIF, 08 MAY 03 -  Wearing unauthorized rank. 
AETC/UIF, 14 APR 03 -  Failure to go. 
LOR/UIF, 16 MAR 03 -  Disobeying a lawful order or 

LOC/UIF, 14 MAR 03 -  Disobeying a lawful order or 

regulation. 

regulation. 

f.  CM:  None. 

g.  Record of SV: 14 Jan 03 -  22 Oct 04  Andrews AFB  3  .(Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (07) Mos  (28) Das 
TAMS: (02) Yrs  (01) Mos  (11) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Jan 06. 

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO  BRIEF. 

ATCH 
1. Applicant's Issues. 
2. District  Court  of Maryland  Criminal Systems Inquiry. 

__ - : -1  . 

-- 

16. REMARKS l/f eppliceblel 

- 

.., , _ - -  .  . _. -- - --  - ..- 

1--- 

ARMY 

Army  Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. LOUIS,  MO  631 32-5200 
(Sea http:/larba.army,panta~~n.mil) 

AIR FORCE 

Air  Force Review Boards Apancy 
SAFIMRBR 
590-C Street West,  Suite 40 
Randolph AFB, TX  781 60-4742 

NAVY AND MARINE CORPS 

Naval Council at Personnel Boarda 
720 Kennon Street. S.E. 
Room 309 (NDRB) 
Washington Navy Yard.  DC  20374-5023 

COAST GUARD 

U.S. Coasl Guard 
Commandsnt IC-WPM) 
2100 Second Street, S.W.  Room 6500 
Washington. DC  20598 

DD FORM 293, AUQ 2003 

Psgr 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS E ~ T H  AIRLIFT WINO  (MC) 

MEMORANDUM FOR A1 CC 

FROM:  89 SFSICC 

1845 Westover Drive 
Andrews AFB MD 20762 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States.Air Force for Misconduct, 
specifically, Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32, Military 
Retirements and Separations, 14 Jul93, and AFI 36-3208, Administrative Separation ofdirmen, 
9 Jul04, Chapter 5, Section H, paragraph 5.49.  If my recornendation is approved, your service 
will be characterized as General (Under Honorable Conditions), 

2.  My reasons for this action art: 

a.  On 4 Jan 05, you failed to notify your flight leadership of your child's medical situation as 
you had been instructed to do, in violation of Atticle 92, Failure to obey a law&l  order.  For this 
act of misconduct, you received a letter of reprimand, dated 6 Jan 05.  (Atch 1) 

b.  On 13 Dec 04, you fPliled to report for duty at the appointed time, in violation of Article 86, 

Failure to go, Uniform Code of Military Justice (UCMJ).  For this misconduct, you received a 
letter of reprimand, dated 13 Doc 04.  (Atch 2) 

c.  On 19 Jul04, you were late for duty for the third day in a row, in violation of Article 92, 

Failure to obey a lwful order, UCMJ.  For this act of misconduct, you received a letter of 
reprimand, dated 19 Jul04.  (Atch 3) 

d.  On 16 Jul04, you were late for a scheduled appointment and late for duty, in violation of 
Article 92, Dereliction of duv, UCMJ. For this misconduct, you received a letter of reprimand, 
dated 19 Jul04.  (Atch 4) 

e.  On 9 Jul04, you asked another'~irman to help you lie to your supervisor by pretending to 

be a nurse who had tended to your sick child at the emergency room.  (Atch 5) 

f. O n  29 Jul 03, you failed to attend a mandatory briefing, in violation ofArticle 92, Failure to 
obey a lawfil order, UCMJ. For this act of misconduct, you received a letter of counseling, dated 
3 1 Jul03 +  (Atch 6) 

g.  On 8 May 03, an Unfavorable InforrnationFile (UIF) was established (Atch 7) because of 

the following misconduct: 

AMC-GLOBAL  REACH FOR AMF,RICA 

(I) Investigation revealed you wore the rank of Airman First Class, which you admitted 

knew you were not authorized to wear,  For this act of misconduct, you received a letter of 
reprimand, dated 8 May 03.  (Atch 8) 

(2)  On 14 Apr 03, you missed a mandatory physicalconditioning training session.  This 
misconduct was recorded on an AETC Form 173, Student Record of Nonacademic Counseling, 
dated 14 Apr 03.  (Atch 9) 

(3)  On 15 Mar 03, you were found in a male Airman's dorm room, in violation of Article 

92, Dereliction of  duly, UCMJ.  For this misconduct, you received a letter of repri,mand, dated 16 
Mar 03.  (Atch 1 0) 

(4)  You were found with a male Airman in a female dom room, in violation of Article 92, 
Dereliction of duty, UCMJ. For this misconduct, you received a letter of counseling, dated 14 Mar 
03.  (Atch 11) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are anached.  Documentation of derogatory data contained in your Personnel 
Information File and Unfavorable Information File may affect whether I recommend your 
discharge and the characterization of your service.  The commander exercising Special Court- 
Martial jurisdiction or a 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 for reenlistment in the Air Force. 

4.  You have the right to military counsel.  1 have made an appointment for you with the Area 
Defense Counsel (ADC).  Report to 1398 Menoher Drive at  0qu0  hrs on  B p ~ s   05, for 
. You may request, if reasonably available, another 
an appointment with 
military counsel of your choosing.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me no later than 3 duty days from today, unless you 
request and receive an extension for good cause shown.  Any such statements received by me 
within the allotted time, will be forwarded to the separation authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination on 
must report to the 89th Medical Group, for the examination.  Report to Physical Exams, Bldg 
1075, Room Y05, prior to your appointment to pick up your DD Form 2697. 

%a_  05 at 

c,& 

I I  00 . You 

8.  The Privacy Act of 1974,s USC 552% as amended, protects any personal information you 
submit as rebuttal to this action.  A copy of MI 36-3208 is available for your use at the ADCYs 
office or via the Internet at http://~.e-publishing,af.mi1lpubfi1es/~36/afi36-3208/afi36- 
3208.pdf. 

9.  Execute the attached receipt of notification (Atch 1 

Attachments: 
1.  LOR, 6 Jan 05 
2.  LOR, 13 Dec 04 
3.  LOR, 19 Jul04 
4.  LOR,  19 Jul04 
5.  AF Form 1168 (8 pages) 
6.  LOC, 3 1 Ju103 
7.  AF Form 1058,8 May 03 
8.  LOR, 8 May 03 
9.  AETC Form  173,14 Apr 03 
10.  LOR,  16 Mar 03 
11.  LOC, 14Mar03 
12.  A1 C Ross'  Receipt of Notification Memo 

ecurity Forces Squadron