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Decision Text

AF | DRB | CY2007 | FD2006-00243
Original file (FD2006-00243.pdf) Auto-classification: Denied
1 
I  NAME OF SERVICE MEMBER (LAST, FIRST M1DDL.E INII'IAL) 
-----------------------------. 
'I  YPE  GEN 
PERSONAL APPEARANCE 

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

NAME OF COIINSEI.  AND OR ORG.\NILAI ION 

YES 

No 

X 

I 

I 

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

I 1 

---------------. 
..-....-..-..-.' 

SRA 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

I-ION 

I 

VOTE OF THE BOARD 

a-.  - -- 
GEN 

1  UO1lIC  ~'^OTHER;-" 

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INDEX NIIMRFR 

A67. I0 

ISSIJES 

1 

A92.01 
A94.05 

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I 

I 

X 

I 
2 
3 

EXHLELI'rS SIJRMITTED TO THE BOARD 

I  ORDER APPOIN.I'ING  .I'HE BOARD 
1  APPLICATJON  FOR REVIEW OF IIISCHARGE 
1 
1,ETTER OF NOTIFICATION 
BRIC1: OF PllRSONNEL FILE 

PERSONAL APPEAKANCE 

I 

I 

HEARING DATE 

CASE NUMBER 

22 Feb 2007 
APPLICANT  S ISSVE AND THt IIOAHU'S DECISIOhAL KA'l'lOh'41  4RF DlSCl'SSEDON THE ATTACHED AIR tDK(  E  DISCHAHGt KE\ IFU' HOARD DFCISIOK4L RATION.4LE 

FD-2006-00243 

I 

I 

Case heard in  Washington,  D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout counsel, and the right to sublnit an 
application to the AFBCMR. 

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

' 

I 
I 

SAFIMRBR 
510 C S I R Z H  WI'SI, SLII'I'E  41 
RANDOLPH AFB, TX 781 504742 

SECRET4RV OF TllEAIR FORCE PERSOYYEL  COL YClL 
AlH POHCt UISC'H.\HGL  H L V I L U  ROARI) 
1535 C'OMM.\hD  UH. EL \\lhG.  3H0 I I.OOK 
ANI)RE\VS  APR.  MI) 20162-1002 

AFEIQ FORM 0-2077, JAN 00 

(EI;-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00243 

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

The applicant was offered a personal appearance before the Discharge Review Roard (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and thc 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.  Applicant contends discharge was inequitable because it was too harsh.  'T'hc records indicated the 
applicant received an Article  15, three Letters of Reprimand, and one Letter of Counseling for misconduct. 
The misconduct included leaving the local area without approved leave, dereliction of duty, failure to follow 
verbal and written orders, failure to go, and disrespecting a commissioned  officer on two separate occasions. 
The DRB opined that through these administrative actions, the applicant had ample opportunities to change 
her negative behavior.  Thc 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.  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 seriousncss of the willful nlisconduct 
offset any positive aspects of thc applicant's duty perforn~ance. The Roard concluded the discharge was 
appropriate for thc rcasons which were the basis for this case. 

CONCLUSIONS:  The  Dischargc  Review  Board  concludes  that  the  discharge  was  consistent  with  thc 
procedural  and  substailtivc rcquirements  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 SRA)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAP Schriever AFB, CO on 24 
Oct 02 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 5 Jun 72.  Enlmt Age: 24 9/12.  Disch Age: 30 4/12. Educ: BS DIPL. 

AFQT: N/A.  A-57,  E-57,  G-64,  M-35. PAFSC: 3A051 -  Information Management 
Journeyman.  DAS: 29 Oct 98. 

b.  Prior Sv:  (1) AFRes 15 Mar 97 -  02 Apr 97 (18 days) (Inactive). 

das, all M S .   A m  -  3 Oct 97.  A1C -  3 Aug 98.  SrA -  3 Apr 00.  EPRS: 5,5. 

(2) Enlisted as AB  3 Apr 97 for 4 years.  Svd: 3 yrs 4 mos 18 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 21 Aug 00 for 4 years. Svd: 02 Yrs 02 Mo 04 Das, all 

AMS . 

b.  Grade Status:  SrA -  9 Sep 02 -  (Article 15, 9 Sep 02) 

SSgt -  1 Apr 02 

c.  Time Lost:  None. 

d ,   Art 15's:  (1) 9 Sep 02, Schriever AFB, CO -  Article 86.  You did, on 

5 

:to assist her with the commanderls 

, --------------------. 

your superior commissioned officer, then known 

or words to that effect, when you were asked by 

or about 21 Aug 02, without authority, go from your 
appointed place of duty, to wit:  Building 300 
Auditorium.  Article 89.  You did, on or about -?L-Agg-- 
----  ------ 
02,  behave yourself with disrespect toward 2 ~ t  l..-.-..-.-l 
\-....-....; 
by you to be your superior commissioned officer, by 
saying to her "You can go get the key, yourlre big 
enough," 
2Lt ; .....................  :why you couldn't accompany her to 
retrieve the key to the auditorium in building 300.  You 
did, at or near Peterson AFB, CO, on or about 16 Aug  02, 
behave yourself with disrespect toward 1Lt: -....-....-....- 
your superior commissioned officer, then known by you to 
be your superior commissioned officer, by saying to him 
"What's up, punk-ass?" or words to that effect.  Article 
92.  You, having knownledge of a lawful order issued by 
2Lt 
call briefing bu flipping the slides for her, an order 
which it was your duty to obey, did, on or about 21 Aug 

02, fail to obey the same by wrongfully verbally 
refusing on several occassions to comply with siad order 
and did not flip the slides during the commander's call 
---------- 
briefing, as you were directed to do.  You ,,-- & g ~ i f i q  
knownledge of a lawful order issued by 2Lt ; ..................... 
to remain at the commander's call and help out, an order 
which it was your duty to obey, did, on or about 21 Aug 
02, fail to obey the same by wrongfully leaving the 
commander's call.  Reduction to SrA and Reprimand. 
(No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 29 JUL  02 -  Failed to follow orders both verbal 

LOR/UIF, 12 APR 02 -  Dereliction of duty. 
LOC, 1 FEB 02 -  Dereliction of duty. 
LOR, 2 JAN 02 -  Left area without approved Leave. 

and written. 

f.  CM:  None. 

g.  Record of SV: 09 Apr 00 -  08 Apr 01  Schriever AFB  5  (Annual) 

09 Apr 01 -  22 Mar 02  Schriever AFB  3  (CRO) 

h.  Awards &  Decs:  AFAM, AFOUA ~ / 2  OLC, AFGCM, NDSM, AFOSSTR, AFLSAR, 

NCOPMER , AFTR . 

i.  Stmt of Sv:  TMS:  (05) Yrs  (07) Mos  (10) Das 
TAMS:  (05) Yrs  (06) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Jun 06. 

(Change Discharge to Honorable.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's issues. 
2.  Copy of Discharge package. 

DEPARTMENT OF THE AIR  FORCE 

50TH SPACE WING (AFSPC) 

i 

~b w ~ - o o ~ Y . ~  

.-- 

MEMORANDUM FOR SRA! 

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

FROM:  1 SOPSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically for minor disciplinary infractions.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, paragraph 5.49.  If my recommendation is approved, your current term of service 
may be characterized as honorable, general under honorable conditions, or under other than 
honorable conditions (LJOTHC). I am recommending that your current term of service be 
characterized as general under honorable conditions. 

2.  My reasons for this action are: 

a.  On or about 21 through 28 Dec 01, you failed to obey a regulation by leaving the local 

area without an approved AF Form 988.  As a result, you received a Letter of Reprimand (LOR), 
dated 2 Jan 02 (atch 1 a). 

b.  On or about 3 1 Jan 02, you failed to carry out your duties by failing to forward a 

decoration to the recipient's gaining base.  As a result, you received an LOC, dated 1 Feb 02 
(atch lb). 

c.  On or about 12 Apr 02, you failed to obey a direct order by not updating the 

newcomers'  briefing slides,  This was not your first incident of failing to update the slides.  As a 
result, you received an LOR dated 12 Apr 02, which established an Unfavorable Information File 
(UIF), dated 12 Apr 02 (atch lc). 

- I  

 

-------- 
-------- 

; 1 

d.  On or about 9 through 1 1 -------- 

Jul02, you failed to obey a direct order from Capt! 
- - - - - - - - - -, : 1 SOPS Government Purchase Card (GPC) Monitor. 
----------- you ordered printers that you were directed by Capti -------- !not to order.  In addition, 

SOPS Resource Advisor, and 1 ~ f ,
Specifically, 
lLt! ----------- !directed you to order awards as needed, however you made a purchase with T& T 
Engraving for squadron awards for the whole year.  You ----------- 
for the amount of $3,109.92 before clearing it with 1 Lt ----------- i.  This was in violation of AFI 
64-1 17.  As a result you received an LOR dated 29 Jul02 which was placed in your existing LTIF 
(atch Id). 

also made a purchase with Lovern's Inc. 

-------- 

-------------- 
-------------- 
saying to him "Wliat's  up punk ass?" or words to that effect.  On or about 21 Aug 02, you left 

e.  On or about 16 Aug 02, you behaved yourself with disrespect toward 1Lt j 

! by 

MASTER  OF  SPACE 

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yourself, yo\r'rebig enough." 

or wotds to that effect.  In addition you failed to obey. lawful 
!to flip ssfidcs during the commander's call briefmg and 

i, by saying to her "You can go get the 

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 40 remain at commander's call to help out.  As a result, you received an Article 15, dated 28 Aug 
 
 02, which was phced in your existing UIF (atch l e). 
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.  3.  Copies ,of the d6cam'ents to be forwarded to the separation authorityin support of this 

- :liigl~sr authvfity will ,decide whether you will be discharged ar retained in the Air Force and, if 

?.'..  You have rhe right- to consult counsel,  Mil it+ry legal counsel has bcm obtained to assist you. 
'.I have m a d ~  an app6ifiw&t for you to consult C q t !  

bt thc. Area Defense Counsd 

.  . : . .~mxornmendation are,attached. The commander exercising Speuat Coutr-Martial jurisdiction or a 
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must reach me within 3 duty days from  the date you receive this 
..f;$fc~:  ...., ;heroorandm o f  riot2'fi~ati;dlj. unless YOU request and receive an extension for good causc show. 

YOU haw been ~s,tvidbf'ed for a medical examination.  You must complete the attached 
..:.bD Form 2697 (at:chi5j,&d:report to Lt--- - -; at the Peterson AFB Mrnaxy Can Clinic on 
Oct 02 at 1 @ta:$&y& the examination. You must u v e  1 5 minuter prior to the scheduled 

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h i s h  in rebuttal is covered by the Privacy Act of 1974. A 
for your usc in your unit orderly room. 

L..-..-.-..-..-..-.--------------------------.---l 

Commander 

a.  LOR, 2 Jan 02 
b.  LOC, 1 Feb 02 
c.  LOR, 12 Apr 02, UIF, 12 Apr 02 
d.  LOR, 29 Jul02, UXT: 29 Jul02 
e.  Art 15,28 Aug 02 

2.  Airmen's Receipt of Notification 
3.  Airmen's Statement 
4.  Recouprnent Statement 
5.  DD Form2697 



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