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AF | DRB | CY2007 | FD2006-00316
Original file (FD2006-00316.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

GRADE 

1  AB 

X 

PERSONAL APPEARANCE 

RECORD REVIEW 

NAME OF COIJNSEL AND OR ORGANIZATION 

ADDRESS AND OR OHGANILA I ION OF COUNSEL 

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MEMBER SITTING 

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VOTE OF THE BOAR0 

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CIOTHC 

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I 

- 

1 

X 

X 

X 

X 

X 

EXHIBIT8 SUBMITTED "KO THE BOARD 

ORDER APPOINTIN(;  '1 1 I

t

 BOAKU 

APPLICATION  FOR  REVIFW 01. 1)ISC'IIAKGE 
LETTER O F  NOTIFICA I  ION 
BRIEF OF PERSONNEL r1LE 
COUNSEL'S  K t L k A S F  TO THE BOARD 
ADDITIONAL kXI1IHI I  S SlJBMlTTED AT TIME OI 
I't.RSONAI.  APPEARANCE 

TAPE RECORDING  01  1't  RqONAL APPEARANCE HI 

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L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

ISSLlLS 

A94.53 

INUEY NUMBER 

A67.90 

1  06 Feb 2007 

1  FO-2006-003 16 

I 

APPL ICAk'T'S 1SSl t Ah'l)  THF HOARD'S UECISIOUAL RATIONAI. ARE  DISCUSSED ON THE ATTACHED  kIR FORCE DISCHARGE KEL IEU BO.4RD DFClSlONAL R&TIONALE 

Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

SAkIMKBK 
550 C STREET WEST, SIJITE 40 
RANDOLPI I  AkB.  1 X 781 50-4742 

bbCHFI'4RV  OF THC. AIR FORCE PERSONLEL C O l  \CII 
AIR FOKC t. DI\C  H X H G F  k F \  I F U  B04RD 
153.5 COMMANII 11R.  EE WINC. JRD FLOOR 
ANDREWS AFB. M D  20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00316 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRR) but dcclincd 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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Roard reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  The records indicated applicant had received three Articles 15, 
two Vacations'  and a Letter of Reprimand for misconduct.  The applicant's  first Article  15 was for having 
sexual intercourse with a married man.  She was punished with a suspended reduction in grade to Airnlan 
First Class, forfeiture of $400.00 pay for two months, and a reprimand.  The applicant received a Vacation 
action of the suspended reduction in grade for causing damage to a passenger vehicle by scratching it with a 
key.  'I'he  second Article 15 was for damaging a screen door and screen; scratching the vehicle of another 
airman with a key; and scratching another airmail on thc arms, chest and face with her fingernails.  She 
received a suspended reduction  in grade to Airman, restricted to Dover AFB for 30 days which was defcrrcd 
until November 2 1, 2005.  The applicant received her second Vacation of the suspended reduction  in grade 
to Airman for failing to obey a lawful order by contacting another airman (the married man from the first 
Article  15).  Her final Article  15 was for failure to obey a no-contact order and driving in a reckless manner. 
She received a reduction in grade to Airman Basic and a reprimand.  Applicant also had misconduct in 
which she was administratively disciplined for failure to obey a no-contact order, dorm room infractions, and 
for being in a government vehicle as a passenger and driving outside of the limits of base.  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 characteri~ation of the discharge received by the applicant was found to be 
appropriate. 

CONCLUSIONS:  The Discharge Review Board collcludes 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 AB)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Dover AFB, DE on 25 Jan 
06 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: 26 Sep 82.  Enlmt Age: 18 2/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-52,  G-57,  M-08. PAFSC: 1'2351  -  Command Post Journeyman. 
DAS: 5 Apr 02. 

b.  Prior Sv: (1) AFRes 13 Dec 00 -  31 Jul 01 (7 months 19 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 01 Aug 01 for 6 yrs. Svd: 04 Yrs 05 Mo 25 Das, all AMS. 

b.  Grade Status:  AB -  23 Dec 05  (~rticle 15, 23 Dec 05) 

A m  -  16 Nov 05  (Vacation of Article 15, 19 Dec 05) 
A1C -  13 Jun 05  (Vacation of Article 15, 01 Nov 05) 
SrA -  01 Dec 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Dec 05, Dover AFB, DE -  Article 92.  You, having 

:,  to wit :  Military Protective Order, dated 21 

knowledge of a lawful order issued by Major :---------------I 
--------------- 
1 -..-..-....-.. 
Oct 05, an order which it was your duty to obey, did, at 
or near Dover AFB, Delaware, on or about 10 Dec 05, fail 
to obey the same by wrongfully communicating with SrA 

I  Article 111.  You, did at or near Dover 

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

AFB, Delaware, on or about 10 Dec 05, in the area of 
Quarters 1064-C, 3rd Ave, operate a vehicle, to wit: a 
passenger car in a wanton manner by operating close 
behind, manuvering abruptly around and abruptly stopping 
in front of another vehicle.  Reduction to AB, and a 
reprimand.  Restriction to the limits of the industrial 
side of Doves AFB for 45 days and 14 days extra duty 
both deferred.  (No appeal) (No mitigation) 

( 2 )   19 Dec 05, Vacation, Dover AFB, DE -  Article 92.  You, 
having knowledge of a lawful order issued by Major 
................................. 
.-------------------------------- 
dated 21 Oct 05, an order which it was your duty to 
obey, did, at or near Dover AFB, Delaware, on or about 
10 Dec 05, fail to obey the same by wrongfully 

!,  to wit: Military Protective Order, 

communicating with SrAi 
grade of Airman.  (No appeal) (No mitigation) 

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

.  Reduction to the 

(3) 16 Nov 05, Dover AFB, DE -  Article 108.  You did, at or 

near Dover AFB, Delaware, on or about 20 October 2005, 
without proper authority, willfully damage a screen door 
and screen, military property of the United States. 
Article 109.  You did, at or near Dover AFB, Delaware, 
on or about 20 Oct 05, willfully and wrongfully damage 
.------------------- 
by scratching with a key a vehicle, the property of SrA 
.  You did, at or near Dover AFB, Delaware, 
--..-..-..-.-..-..-. 
on or about 20 Oct 05, willfully and wrongfully damage 
.----------------------- 
by scratching with a key a vehicle, the property of SrA 
...-..-..-..-..-....-..- 
:.  Article 128.  You did, at or near Dover 
AFB, Delaware, on or about 20 Oct 05, unlawfully scratch 
S r A  ; -----------------: on the arms, chest, and face with your 
fingernails.  Suspended reduction to the grade of 
Airman, restriction to the limits of the industrial side 
of Dover AFB, Delaware, for 30 days, deferred until 21 
November 2005. Reprimand. (No appeal) (No mitigation) 

(4) 01 Nov 05, Vacation, Dover AFB, DE -  Article 109.  You, 
did, at or near Dover, Delaware, on or about 20 Oct 05, 
willfully and wrongfully damage by scratching it with a 
a passenger vehicle, of some value, the property of 
key, 
SrA 1 ------------------; 
mitigation) 

Reduction to A1C.  (No appeal)  (No 

(5) 13 Jun 05, Dover AFB, DE -  Article 134.  You, did, at 
or near Dover, Delaware, between on or about 22 Apr 05 
and on or about 11 Mqy--?-Qfiz-,--y-~ongf 
intercourse with SrA ------------------ i,  a married man. 
Suspended reduction to A1C.  Forfeiture of $400.00 pay 
per month for two months.  Reprimand.  (No appeal)  (No 
mitigation) 

ully have sexual 

e.  Additional: LOR, 04 JAN 06 - Disobeying a lawful order. 

LOC, 08 NOV 02 -  Numerous dorm room infractions. 
LOC, 25 JUN 02 -  Dereliction of duty. 

f.  CM:  None. 

g.  Record of SV: 01 Aug 01 -  15 Jan 03  Dover AFB  5  (HAF Dir) 
16 Jan 03 -  15 Jan 04  Dover AFB  5  (Annual) 
16 Jan 04 -  10 Dec 04  Dover AFB  5  (CRO) 
11 Dec 04 -  10 Dec 05  Dover AFB  1  (AnnualIREF 

h.  Awards &  Decs:  AFAM, NDSM, AFTR, AFESR W/GB, GWOTEM, GWOTSM, AFLSAR, 

AFOUA W/3 DEVS. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (01) Mos  (13) Das 
TAMS: (04) Yrs  (05) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 04 Aug 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

U6l.h MISSION SUPPORT SQUADRON (AMC) 

DOVER, DELAWARE 19901 

'JAN  1 8 2006 

Mmf ORANDUM FOR 

i . -. . -. . -. -. . -. . -. . . . -. . -. . . . -. . -. . . . -. . - ; 9 

'  436 MSS 

FROM:  436 MSSICC 

SUBJECT:  Notification Memorandum 

1, I am recommending your discharge fiom the United States Air Force for Conduct Prejudicial to 
Good Order and Discipline.  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 
Honorable or Under Honorable Conditions (General),  I am recommending that your service be 
characterized as Under Honorable Conditions (General). 

2.  My reasons for this action are: 

r  On or about 1 Jsnuaty 2006, you failed to obey a lawful order to have no contact with 

SrA Derek Jones.  For this misconduct you received a Letter of Reprimand, dated 4 January 2006; 

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

b.  On or about 10 December 2005, you failed to obey a lawful order to have no contact with 

SrA ; -. . . . -. . -. . . . j  On or about 10 December 2005, you operated a vehicle in a wanton manner by 
operating close behind, maneuvering abruptly around and abruptly stopping in front of another 
vehicle.  For these acts of misconduct you received Article 15 punishment, dated 23 December 
2005.  This document was added to your Unfavorable Information File w); 

c.  On or about 10 December 2005, you failed to obey a lawful order to have no contact with 

SrA Derek Jones,  For this misconduct you received a Vacation of Suspended Article 15 
Punishment, dated 19 December 2005; 

d.  On or about 20 October 2005, you willfully damaged a screen door and a screen, military 
property of the United States. -0?-o~-mu~-20 October 2005, you willfully and wrongfully damaged, 
by scratching with a key , SrA I - - - - - - - - - - - - - - - - 
and wrongfully damaged, by scratching with ..-.. 
:vehicle. On or about 20 
October 2005, you unlawfully scratched SrA: -------------- bn the arms, chest and face with your 
fmgernails.  For these acts of misconduct you received Article 15 punishment, dated 
16 November 2005; 

ivehiole,  On or about 20 October 2005, you willfully 
a key j .-.-.. 

SrA: ,,-------------- 

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

e.  On or about 20 October 2005, you willfully and wrongfully damaged, by scratching with 
a key, SrA Derek Jones'  vehicle.  For this misconduct you received a Vacation of Suspended Article 
15 Punishment, dated 1 'November 2005; 

f,  Between on or about 22 April 2005 and on or about 11 May 2005, you wrongfilly had 

sexual intercourse with SrA  - - - - - - - - - - - - - i,  a married man,  For this misconduct you received Article 
15 punishment, dated 13 June 2005; 

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

g.  During the month of October 2002, you admitted to a number of infractions relating to 

your dormitory room, to include:  leaving your stereo on loud for hours while not in your morn, 
having an overnight guest without permission and failure to coordinate a cleaning schedule with 
your latrine-mate.  For this misconduct you received a Letter of Counseling, dated 
8 November 2002; and, 

h.  On or about 1 June 2002, while on temporary duty (TDY) to Scott AFB, 11, you were a 
passenger in a govanmat vehicle that was driven beyond the distance limits for which you had 
been briefed by your C2 School Staff.  For this misconduct you received a Letter of Counseling, 
dated 25 June 2002. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher authotity 
will decide whether you will be discharged or retained in the,United States Air Force and, if you are 
discharged, how your service will be characterized.  If you am discharged, you will be ineligible for 
reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be 
subject to rewupment.  The separation authority will make the fmdings and recommendations 
required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal-e-ynsel has been obtained to assist you.  I 
have made an appointment for you to consult cnpt[--- -- --- -, :at Bldg 263, Third Floor, on 
Wednesday, 18 January 2006, at 1400 hra.  You may consult civilian counsel at your own 
expense. 

5,  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 3 duty days unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority, 

6.  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. 

7.  You have been scheduled for a medical examination.  You 
305, Second Floor on Friday, 20 January 2006 'with Capt i 

--------- muat report to Family Practice, Bldg 
;at 0730 hrs for the examination. 
-.-.-..-. 

8.  You have been scheduled for a Separations briefing.  Please report to Building 261, Room 102, 
on Thursday, 19 January 2006 at 1030 hrs.  If you have any questions regarding this appointment, 
please call 2 1 55. 

9.  Any personal information you firmish 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. 

10.  Execute the attached acknowledgment and return it to me immediately, 

L - - - - - - - - - -  

Commander 

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



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