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AF | DRB | CY2007 | FD2006-00199
Original file (FD2006-00199.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
FIRST MIDDLE INITIAL) 

GRADE 

1 

P E R S O N A  A W E A M N C E  

NAME OF COUNSEL AND OR ORCANl7,ATlON 

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RECORD REVIEW 

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ADDRESS AND OR ORGANIZAI ION 01;'  COIINSEI. 

MEMBER SITTING 

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VOTE OP THE BOARD 

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l  HEARING  DATE 
1  11 Jan 2007 

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2 

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EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING THC BOAR13 
1  AI'I'LICATION  FOR  REVIEW OF DISCtlARCiR 

BRIEF OF PERSONNEL FILE 
COUNSEL'S  RF,I.F.ASE TO THE BOARD 
A1)I)I'I'IONAI.  EXIIIRITS SIJBMITTED AT TIME 01' 
PERSONAI. APPEARANCE 
I  TAPE RFCORIIING OF PERSONAL APPEARANCT;  I  Il- 

I  CASE NIIMBER 
I  FD-2006-00 199 

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'~~~SPPUCXWS 

iSSUE AND THE BOARD'S DECISIONAL RPlIYONAL AlSe OlSLUSSED ON I Als A1'1 ACHPI)  AIR FORCE 1)ISCHARGE RFVIEW HOARD DEClslQNAL RATIONME 

1  Case heard in Washington, D.C. 

Advise applicant of the decision oftlle Board, the right to a personal  appearance withlwithout counsel, and the right to subrnit an 
application to the AFBCMli 
1  Nanes and votes will be made available to the applicant at the applicant's requcst. 
*  Reason and Authority 
+  Reenlistment Code 

-10: 

I 

SAFIMRHR 
550 C S'I'RF,EI'  Wl-:S'I', SUl'l't 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

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

L/INIIORSEMENT 

FROM: 

DATE:  1/24/2007 

SECRETARY OF 'IHK AIR  FORCE PERSONNEL COUNCII, 
AIR FORCE DISCHARGE  REVIEW  BOAHO 
1535 COMMAND DR, EE WING, 3RL1F1,OOR 
ANDREWS AFB. MU  20162-7M12 

I 

(EF-V2) 

Previous edition will be used 

I 

1 

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AIR FORCE DISCHARGE REVlEW BOARD OEClSlONAL RATlONALE 

CASE: NIJMRER 

FD-20o6-Oo1 99 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority for the discharge, and to change the reenlistment code. 

The applicant was offered a personal appearance before thc Discharge Revicw 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, change of reason and authority for discharge, and change of 
reenlistment code are denied. 

The Board finds that neither thc cvidcncc of rccord nor that provided by the applicant substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

The applicant contends she is a single parent and has expressed hcr desire for upgrade of her discharge to 
allow for reenlistment  into the armed forces.  She admits to making mistake in her career due to an 
unhealthy relationship.  The Board reviewed the entire rccord and found no evidence of impropriety or 
incquity in this case on which to base an upgrade of discharge.  The records indicated the applicant reccived 
two Article  15's, two Letters of Reprimand, and a Record of Individual Counseling for misconduct.  The 
applicant received her first Article  15 for committiilg an iildeceilt sexual act i n  a public place.  She was 
punished with a suspeilded reduction in grade to Airinan Basic, rcstriction to the limits of Dover AFB for 30 
days, 30 days extra duty, and a reprimand.  She rcceivcd hcr second Article  15 for disobeying a no-contact 
order and theft of money from the Dental Squadron Airman's  Forum.  She was reduced in grade to Airman 
Basic, restricted to Dover AFB for 30 days and 20 days of extra duty.  The applicant had  rurther inisconduct 
and was disciplined for dereliction of duty and making a false orlicial statement.  The DRB opined that 
through these administrative actions, the applicant had ample opportunities to changc her negative behavior. 
The Board concluded the misconduct was a sigilifica~~t departure from conduct expccted of all military 
members.  The characterization of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the 
procedural and substantive requirements o r  the dischargc regulation and was within the discretion of the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the loregoing findings, the Board lurther co~lcludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge sl~ould not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW  BOARD 

ANDREWS AFB,  MI) 

(Former AB)  (HGH AMN) 

..-.-....-.-.-....--------------: 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Dover AFB, DE on 29 Sep 
03 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, to Change the RE 
Code, and Reason for Discharge. 

2 .   BACKGROUND: 

a. DOB: 11 Aug 79.  Enlmt Age: 22 0/12.  Disch Age: 24 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-62,  G-64,  M-44. PAFSC: 4Y031 - Dental Assistant 
Apprentice. DAS: 31 Jan 02. 

b.  Prior Sv: (1) AFRes 21 Aug 01 -  16 Oct 01  (1 month 26 days) (Inactive). 

3 .  SERVICE UNDER REVIEW : 

a.  Enlisted as AB 17 Oct 01 for 4 yrs. Svd: 01 Yrs 11 Mo 13 Das, all AMS. 

b.  Grade Status:  AB  -  21 Aug 03  (Article 15, 21 Aug 03) 

A m   -  17 Apr 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 21 Aug 03, Dover AFB, DE -  Article 92.  You, having --------- 
knowledge of a written lawful order issued by Maj 1-------; 
----------------- 

; ................ :L...t.q-.~i.t.:.~y~~ were to have no contact with 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' J  

:  dated 11 Feb 03, an order which 
it was your duty to obey, did, between on or about 16 
Jul 03 and 8 Aug  03, fail to obey the same by wrongfully 
.  Article 121. 
having contact with: 
You, did, on or about 22 Mar 03, steal money, of a value 
of about $250.00, the property of 436th Aeromedical 
Dental Squadron Airman's Forum.  Reduction to AB, 
restriction to the limits of the Industrial Side of 
Dover AFB, Delaware for 30 days, and 20 days extra duty. 
(~ppeal/Granted) (No mitigation) 

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

(2) 10 Mar 03, Dover AFB, DE -  Article 134.  You, did, at 
----------------- 

or near Smyrna, Delaware, on or about 23 Feb 03, 
wronqfully commit an indecent act with Amn  ;---------------I 
------- 
: by performing oral sex in a public place outside 
- - - - - - - - a  the Crystal Palace nightclub.  Suspended reduction to 
AB.  Restriction to the limits of the Industrial side of 
Dover AFB, Delaware for 30 days.  Thirty days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: RIC, 08 J U L   03 - Dereliction of duty. 

LOR, I1 FEB 03 -  Dereliction of duty, and making a false 

official statement. 
LOR, 01 OCT 02 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 18 Oct 01 -  17 Jun 03  Dover AFB  4  (1nitial)~EF 

h.  Awards &  Decs:  NDSM, AFTR, AFOUA. 

i,  Stmt of Sv:  TMS:  (02) Yrs  (01) Mos  (09) Das 
TAMS: (01) Yrs  (11) Mos  (13) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 17 May 06. 

(Change Discharge to Honorable, amd Change the RE Code, Reason for 

Discharge) 

Issue 1:  I am now a single mom &  would like the option to rejoin the USAF, 

I was in a very unhealthy relationship and did whatever it took to be with him 
including disobey my commanders.  I am a changed person and am a mom now.  I am 
no longer with that person and would like the option to re-join if it is 
possible. 

Issue 2:  I was a dental assistant and loved my job.  My aspirations have 

always been to be a dentist or doctor.  I am the most responsible that one 
person can be.  I was in a bad time in my life because of the person that I was 
with at the time.  Please consider changing my status of discharge.  Thank you 
for your time. 

ATCH 
I. DD Form 214. 

7  DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 

4 3 6 ~ ~  

A I R L ~  WING (AMC) 

MEMORANDUM FOR A&--  -- ----- -- ----- ----- -- ----- - - + - -  -- ----- -- ---- i, 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
' 436 AMDS 

I L ~ W B J  

FROM:  436 ADOS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for a Pattern of Misconduct, 
specifically Conduct Prejudicial to Good Order and Discipline.  The authority for this action is AFPD 36- 
32 and AFI 36-3208, para 5.50.2.  If my recommendation is approved, your service may be characterized 
as Honorable or General.  I am recommending that your service be characterizzd as General. 

2.  My reasons for this action are: 

a.  You, having howledge ofa -x+xitte~!-lawM. 
----- -- ----- ----- -- ----- - --,, 

: dated 11 Feb 03, an order which it was your duty to 
were to have no contact ~ i @  
obey, did, at or near Dover Air Force Base, Delaware, between on or about 16 Jul03 and 8 Aug 03, fail to 
obey the same by wrongfully having contact with 
received an Article 15, dated 21 Aug 03. 

!. For this misconduct you 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

...................... 
issued by Major I - - - - - - - - - - - - - - - - - - - - 

: to wit: you 

b.  You, did, at or near Dover Air Force Base, Delaware, on or about 22 Mar 03, steal money, of a 

value of about $250.00, the property of the 436th Aeromedical Dental Squadron Airman's F o m .  For this 
misconduct you received an Article 15, dated 21 Aug 03. 

c.  You, at or near Dover Air Force Base, Delaware, on or about 24 Jun 03, were derelict in the 

performance of your duties in that you failed to adequately clean the suction unit and trap in a room in 
which you were responsible for maintaining the cleanliness of the equipment.  For this misconduct you 
receiveda Letter of Counseling, dated 8 Jul03. 

d.  You, did, 

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

at or near S m p a ,  Delaware, on or about 23 Feb 03, wrongfully commit an indecent act 

with Airman! _-.-....-.-..-.-...--- 
nightclub.  For this misconduct you received an Article 15, dated 10 Mar 03. 

performing oral sex in a public place, outside the Crystal Palace 

!by 

I 

e.  You, at or near Dover Air Force Base, Delaware, on or about 11 Feb 03, wrote a false official 

statement.  For this misconduct you received a Letter of Reprimand, dated 1 1 Feb 03. 

f You, at or near Dover Air Force Base, Delaware, on or about 1 Oct 02, were 

......................... 
derelict in the 

i,  a 
performance of your duties in that you had unauthorized contact with Seamen! - - - - - - - - - - - - - - - - - - - - - - - - - I  
person with whom you had been ordered not to have contact with.  For this misconduct you received a 
Letter of Reprimand, dated 1 Oct 02. 

Copies of the documents to be forwarded to the separation authorityto support this recommendation are 
attached.  The commander exercising SPCM 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 and any 
special pay, bonus, or higher education assistance funds may be subject to recoupment. 

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 the Dover Air Force Base Area Defense Counsel, Capt 
, - - - - - - - - - - 
1 -. -. . -. . - 1,  at 677-6995, Building 263, Third Floor, on 
counsel at your own expense. 

. You may consult civilian 

Sep 03 at 

4. You have been scheduled for a medical examination. You must report t 
Flooi, Building%,  on 16 Sep 03 at 1450 hours with Dr. McFaU.  If you have any questions or need to 
reschedule this app$ntment,  please call 677-6130. 

5.  You have been scheduled for a Separations Briefing.  Please report to Building 520, Room 1 12, on 
16 Sep 03 at 0900 hours.  If you have any questions or need to reschedule this appointment, please call 
677-4579. 

6.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me within 3 workdays unless,you request and receive an extension for 
good cause.  I will send your statement to the separation authority.  Any personal information you furnish 
to me will be protected under the Privacy Act of 1974.  A copy of AFI 36-3208 is available for your use in 
the orderly room. 

7,  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. 

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

.--------* --  - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

~ommxder, 436th Aerornedical Dental Squadron 

Attachments: 
1.  Airman's Receipt of Notification Memorandum 
2.  ID Card Withdrawal Letter 
3.  Article 15, dated 2 1 Aug 03 
4.  Letter of Counseling, dated 8 Jul03 
4.  Article 1 5, dated 10 Mar 03 
5.  Letter of Reprimand, dated 1 1 Feb 03 
6.  Letter of Reprimand, dated 1 Oct 02 



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