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1  NAME OF SERVICE MKMBEH (LAST, YlRS'l MIDDLE 1NII.IAl) 

1  G W D E  

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

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ADDRESS ANI)  OR ORCANlZATlON OF COUNSEI, 

MEMBER SITTING 

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VOTE OF THE BOARD 

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A93.23 
A92.03 
A93.33 

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INDEX' NllMRFR 

A67.90 

I Exelms S ~ M ~ ? ; T E D  
I  OKlItll API'OIhrTING  THE BOARD 

TO THE BOARD 

APPIJCATION FOR REVIEW OF IIISCHARGE 
LCI'TEK  OF NOTIFICATION 

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I'tKSONAL  APPEARANCF. 

l l  Jan 2007 
APPLICANT'S ISSUE AND THE BOARD'S  UhClSIONAL MI IONAL. ARF DISCWSSFD ON Tllr'4TTA(,IIED N R  FORCE DISCHAROB HEYItW BOARD DFClSlONAl  RATIONALE 

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1  CASE NIIMIRR 
I  FD-2006-00079 

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I 1  Case heard in  Washington, D.C. 

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 AFBCMR 

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

SAFIMRBR 
550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIK  FOKC'b: PERSONNEL  COUNCIL 
AIR FORCE DlSCllARCE REVIEW  BOARD 
1535 COMMAND DR. EE WINC. JRD  FLOOR 

AFHQ FORM 0-2077, JAN 130 

(EF-V2) 

Previous edition will be r l s e d  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMHb.H 

FD-2006-00079 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRR) 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 in~propriety that would justiiy  a change of discharge. 

ISSUE: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article  15's, a Vacation, two Letters of Reprimand, a Letter of Counseling, a Letter 
of Admonishment, and a Record of Individual Counseling for misconduct.  The applicant received her first 
Article  15 for signing an olficial statement with intent to deceive.  She received a suspended reduction in 
grade to Airman Basic, 30 days correctional custody and a reprimand.  She received a Vacation for failure to 
obey a lawful order by making contact with another member (SSgt).  She was reduced in grade to Airman 
Basic.  Her second Article 15 was for damaging an autotnobile with a tire iron.  She was disciplined with a 
reduction in grade to Airman.  The applicant had additional misconduct and was administratively disciplincd 
lor being disrespectful to an NCO on three separate occasions, failure to go, and being late for duty.  'Ihe 
applicant contends that her mental hcaltl~ conditions contributcd to hcr wrongdoings.  The DRB opined that 
although the applicant was being trcatcd by  mental health, it did not impair her ability to know right from 
wrong or ability to choose the right.  The LIRB opined that through thcsc administrative actions, the 
applicant had ample opportunities to cliangc her ncgativc bchavior.  'I'11c  Hoard concluded the misconduct 
was a significant departure from conduct cxpectcd of all military members.  The characterization of the 
discharge received by the applicant was fbund to be appropriate. 

Issue 2.  Applicant  states that her discharge did not take into account the good things she did while in the 
service. The DRB took note of the applicant's duty performance as documented by her performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Roard coi~cluded the discharge was 
appropriate for the reasons which were the basis for this case. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substa~~tivc 
rcquircincnts of the discharge regulation and was within the discretion of the 
dischargc authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings, the Board furtl~er coi~cludes 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 THEAIR FORCE 

AIR FORCE DISCHARGE 'REVIEW BOARD 

ANDREWS AFB, MD 

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

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Little Rock AFB, AR on 
28 Feb 05 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: 20 May 81.  Enlmt Age: 19 7/12.  Disch Age: 23 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-50,  G-49,  M-38. PAFSC: 2R151 -  Maintenance Production 
Management Journeyman. DAS: 8 Jun 01. 

b.  Prior Sv: (1) AFRes 11 Jan 01 -  30 Jan 01 (20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 Jan 01 for 6 yrs.  Extended 10 Jan 03 for 4 months. 

Svd: 04 Yrs 00 Mo 28 Das, all AMS. 

b.  Grade Status:  Arnn  -  12 Jan 05  (Article 15, 12 Jan 05) 

A1C -  19 Feb 03 
Amn -  19 Apr 02 
AB  -  19 Oct 01 (Vacation of Article 15, 29 Jan 02) 
A1C -  30 Mar 01 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 12 Jan 05, Little Rock AFB, AR  -  Article 109.  You, 

did, at or near Jacksonville, Arkansas, on or about 27 
Nov 04, willfully and wrongfully damage by hitting it 
with a tire iron, a 2000   it sub is hi  Eclipse, of a value 
of about $9,000.00, the property of A1C Brittany 
Hambrick.  Reduction to Airman. (No appeal)  (No 
mitigation) 

(2) 29 Jan 02, Vacation, Little Rock AFB, AR  -  Article 92. 
.------------------------------- 
You, having knowledge of a lawful order issued by MSgt 
:,  an order which it was your duty to 
obey, did, on or about 7 Jan 02, fail to obey the same 
by wrongfully failing to contact SSgt : ........................... 
ii 
Reduction to AB.  (No appeal) (No mitigation) 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

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

(3) 19 Oct 01, Little Rock AFB, AR -  Article 107.  You, 

did, on or about 4 Oct 01, with intent to deceive, sign 
an official statement, to wit: an AF Form 1168, 
Statement of Suspect/Witness/Complainant was false in 
that you said, "I don't have possession of the phone," 

or words to that effect, and was then known by  you  to b e  
so false.  Suspended reduction to AB.  Thirty days 
correctional custody and a reprimand. (No appeal)  (No 
mitigation) 

e.  Additional: LOR, 24 SEP 04 -  Disrespect and contempt towards two NCOs. 

LOA, 20 APR 04 -  Disrespect to an NCO. 
LOCI 19 AUG 03 -  Disrespect to an NCO. 
LOR, 09 OCT 01 -  Failure to go. 
RIC, 22 JUN 01 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 31 Jan 01 -  8 Feb 03  Little Rock AFB  4  (Initial) 

20 Jul 03 -  8 Feb 04  Little Rock AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (01) Mos  (18) Das 
TAMS: (04) Yrs  (00) MOS  (28) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Nine Letters of Appreciation. 
3. Promotion Recommendation Letter. 
4. Skill Level Award Letter. 
5. Memorandum -  Report on Case LPA 020059. 
6. Referral ACTS. 
7. USAF Security Forces Investigation Report. 
8. Medical Report of Domestic Violence. 
9. United States Medical Report for Disability 

F;n ~ 6 -

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ISSUES 

I was charged with wrongfully damaging personal property. I 

believe the character of  my discharge was inequitable because: 

lssue  1:  The  character of  my  discharge was  out  of  all  proportion 
because it was awarded during the pending of a significant investigation 
by  the  United States  Air  Force Security  Police,  to  take  account  of  me 
being  the  prey  of  an  assault.  I  believe  because  of  my  history  of 
misconduct  I  was  treated  as  if  I  were  not  a  victim  of  a  crime.  In  all 
actuality  the  pending  case  by Security  Forces  had all  to  do  with  my 
discharge  and  misbehavior.  I  feel  like  due  to  my  background  my 
Commander  already  considered  me  guilty  without  facts.  Yes,  I  did 
damage someone's' property and that is wrong, however I was trapped, 
afraid, and assaulted. I contacted the police for help after I was assaulted 
immediately. I believe my conduct would have resulted, at most, in non- 
judicial  proceedings if  my  Commander  had waited  for  the  results  from 
Security  Forces.  Furthermore,  Security  Forces  concluded  that  I  was  the 
victim  of  an  assault  and  being  truthful.  After  I was  discharged,  three 
Airmen were arrested and charged, one with assault and two for making 
false official statements. 

lssue  2:  My  records  show  that  I  received  two  Article  15's  for 
misconduct divided by more than a three-year period. My former Article 
15  was  for  making  a  false  official statement,  but,  after  the  case  was 
closed  and  no  evidence was  found  that  I  was  making  a  false  official 
statement, I took it upon myself to go back to Security Forces and tell the 
truth. After  I told the truth and the case was  closed 1  received an Article 
15.1 thought the Article 15 was particularly inconsiderate since I went in on 
my  own  after the  case  was  closed  and  told  the  truth.  Along  with  the 
Article  15  I was  sent  to  Correctional Custody  for  30  days. The  very  last 
Article  15 was for  damaging personal property, I disputed the last Article 
15  claiming  that  the  rudiments  of  the  alleged  offenses  were  not 
committed deliberately that I was strained to use panic tactics in order to 
save from harm myself and my son. 

!$sue 3:  Upon  departure of  the  463'd  MOS,  Major  ..................... 

'..-.-.I 

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detached  my  first  Article  15  and  every  other  paperwork  that  I  had 
received prior  to  here  arrival  since  I had  not  gotten  in  any  diler~mas 
during her time as  our Commanding Officer. At the time Master Sergeant 
..-..-., 
:was  the  first  shirt  and  witnessed  the  wash  out  of  my  Personal 
.------ 
Information File. After Major: C -. . . . - -I :left our squadron Master Sergeanti------: 
, 
did as  well.  After  both of  them  left the squadron the  new Commander 
- - - - - - - - , 
wanted copies of  all my old paperwork that  Major:-------- !and MSgt :------- 
i 
had  detached  put  back  in  my  Personal  Information  File.  During  the 
discharge proceedings MSgt.c':--:---ireported  back to his old squadron and 
reported to  the  Commander  and  current  First  Shirt  asking  why  my  old 
paperwork was  put back in my files after they had been removed by the 

--------- 

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

ISSUES 

previous  Commanding  Officer. He  fought  for  me  very  hard  as  a  First 
Sergeant because he knew what was going was wrong. 'The  first Article 15 
was  removed  and  had  been  expired  for  over  a  year.  This  is  another 
concern on why I fell this discharge was extremely inconsiderate. 

lssue 4:  My discharge didn't take into account any of the excellent 
things I did while serving four years in the United States Air  Force. I spent a 
greater part of my Military time volunteering throughout our squadron and 
within the community. In a four-year span I received the Top Airman of the 
month award in March of 2002, the Air  Force Good Conduct Metal given 
to  me in the end of  2004 and the Longevity Award in 2005.  1  accept as 
true that the Good Conduct Metal is an award that is  not given to every 
soldier;  it  is  an award that  has  to  be earned. I also  have received well 
greater than 20  Letter of  Appreciations in a four-year span. I was  chosen 
as  the Squadron  Fitness Monitor in 2004  with  a ,fitness score  of  98%. Not 
only  was  I the fitness  monitor for  my  squadron but  I also  was  the Sport 
Representative as  well.  I deem within the time  I served these are only a 
small number of things that show my characteristic of being a leader. 

lssue 5: 1  truly believe that my mental health conditions contributed 
to my wrongdoings. Two  months after being discharged from the United 
States Air  Force I was  granted a 70% overall disability rating. Fifty percent 
of that rating was  for Service connectior~ major depressive disorder  (also 
claimed  as  anxiety  attacks  and  stress  attacks). I had  been  seeing  a 
Counselor at  Littlerock Air  Force base since  2001  where  I was  extremely 
depressed and stressed. I was  treated for  psychological conditions such 
as anxiety disorder, stress and occupational problem while in the service. I 
have included a Memo dated 17 Aug 02  stating that I was experiencing 
problems  at  work  with  a  Staff  Sergeant  making  degrading  remarks 
towards  me  and  about  my  family,  'This  same  Staff  Sergeant  was  my 
supervisor until the day I was  discharged. I have a Global Assessment  of 
functioning of  45.  1  have social irr~pairment with  reduced reliability and 
productivity  due  to  such  symptoms  as  flattened  affect,  circumstantial, 
circumlocutory. or  stereotyped speech:  panic attacks more then once a 
week;  difficulty  understanding complex  commands impairment of  short 
and long term  memory; impaired judgment;  impaired abstract  thinking; 
disturbances  of  motivation  and  mood;  difficulty  in  establishing  and 
maintaining  effective  work  and  social  relationships.  I  am  a  victim  of 
domes.lic violence and have been since 2001. My ex husband was finally 
banned  from  Littlerock  Air  Base  in  the  end  of  2004  for  five  years  for 
Domestic  Violence.  I  have  included  Medical  record  of  abuse.  My 
commander required me to go to Life Skills in early 2004 for  being suicidal 
and  having  suicidal  intentions.  I  am  curren4Hy taking  medication  for 
Depression and to control my attacks. 

DEPARTMENT OF THE AIR FORCE 
463RD MAINTENANCE OPERATIONS SQUADRON 

LITTLE ROCK APB, ARKANSAS 72099 

FROM:  463 MOS/CC 

SUBJECT: Notification Memorandum 

1.  1 am recommending your discharge from the United States Air Force for A Pattern of 
Misconduct.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If 
my recommendation is approved, your service will be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about  22 June 2001, you showed up late to the First Term Airman's  Center (FTAC). 
For you actions, you received a Record of Individual Counseling (RIC), dated 22 June 2001. 

b.  On or about 5 October 2001, you failed to report to duty at your appointed time.  For your 
actions, you received a Letter of Reprimand (LOR), dated 9 October 2001. 

c.  On or about 4 October 2001, y w  signed a false official statement.  For your actions, you 
received an Article 15 under the UCMJ, dated 19 October 200 I, 

d.  On or about 29 January 2002, you failed to obey a lawful order.  For your actions, you 
received a vacation of suspended punishment, dated 29 January 2002. 

e.  On or about 14 August 2003, you disrespected a noncommissioned officer.  For your actions, 
you received a Letter of Counseling (LOC), dated 19 August 2003. 

f.  On or about 24 April 2004, you were admonished for failing to show proper respect for 
authority.  For your actions, you received a Letter of Admonishment (LOA), dated 20 April 
2004. 

g.  On or about 17 September 2004 and again on or about 21 September, you displayed 
contempt and showed disrespect towards one of your superiors.  For your actions, you received 
a LOR, dated 24 September 2004. 

h.  On or about 27 November 2004, you willfully and wrongfully damaged the personal property 
of Airman First Class : -. . -. . ,.-_.-.-..-.I For your actions, you received nonjudicial 
punishment under Article 15 of the UCMJ, dated 12 January 2005. 

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

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I 
have made an appointment for you to consult Captain : .------------------. 
:at 1255 Vandenberg Blvd, 
onlmebruary, at 1500 hours.  You may consult civilian counsel at your own expense. 

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

4.  You have the right to submit statements inyour own behalf.  Any statements you want the 
separation authority to consider must reach me by 
F*,  m4  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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. 

6.  You are scheduled for the following appointments. You must first report to the Military 
Personnel Flight, Separations Section, located at 1255 Vandenberg Blvd, Room  100 on\Webruary 
2005 at ta~cbours. You must then report to the Medical Clinic, located at 1090 Arnold Dr at 
1445 hours on 14 February 2005 for your examination.  You must fast 14 hours prior to the 
examination and may drink only water during that time.  You must not smoke 14 hours prior, nor 
may you consume alcohol 72 hours prior to your examination.  If you wear glasses, bring them 
with you.  If you wear contact lenses, bring a container to store them in during your eye 
examination. 

7.  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 at the orderly room, 

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

'..-..-..-.........----------------------! 
Commander 

Attachments: 
1.  Supporting Documentation 
2.  Reoeipt of Notification Memorandum w/Recoupment Statement