Search Decisions

Decision Text

AF | DRB | CY2007 | FD2006-00370
Original file (FD2006-00370.pdf) Auto-classification: Denied
Advise applicant of the decision of the Board, 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. 

550 C'  SI'IIBKI' WES'I',  SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AIR FORCE UISCHARCE REVIEW BOARD 
I535 COMMANU UK, EE WING, 3KU FLOOR 
ANI)HEWS  A ~ H ,  M D  20162.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FU~2006~00370 

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

The  applicant appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel, at  Andrews 
AFB on 06 Mar 2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #6: Four character letters 
Exhibit #7: College transcript 

The attached brief contains available pertinent data on the applicant and thc 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 the evidence of record nor that provided  by the applicant substantiates an inequity or 
impropriety that would justify  a change of discharge. 

ISSUE:  Applicant contends her discharge was  inequitable and  did  not  consider the good  aspecls of her service. 
The  applicant  was  discharged  with  a  UOTHC  character  of  service  for  co~n~nission of  a  serious  offense  that 
resulted  in  a felony conviction in civilian court and a sentence that included three years in jail.  In testimony  she 
attributed  her ~nisconduct to immaturity and  falling  in  with  the wrong crowd  but  accepted  responsibility  for  her 
conduct.  She states another military member was also  involved  in  the criminal activity but  was not  discharged. 
An  investigation  report  present  in  the  personnel  file  indicates  this  individual  was  not  charged  following 
completion  of  an  investigation  by  civilian  law  enforcement  authorities  and  the  Air  Force  Oflice  of  Special 
Investigations.  Evidcncc of the  investigative  report  shows that the applicant  played  a  key  role  in  the criminal 
conduct  and  in  testimony  she states that  she pled  guilty  regarding  hcr  involvc~nent at the time of civilian  court 
proceedings.  The personnel  file contains no documentation reflecting duty performance other than two Lctters of 
Reprimand  (February 26,  2001  and November  6, 2001)  for  failure  to  be  at her  place  of work  at the  appointed 
time,  lack  of accountability,  and  failure to perform  assigned tasks,  and an  undated  e-mail  memo for record  by  a 
supervisor detailing numerous specific incidents of unsatisfactory performance  during February, March and April 
2001.  The Board  concluded  the  ~nisconduct 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. 

The applicant submitted character letters indicating the applicant has turned  her life around since rclcase from 
incarceration including employment, attendance at school and becoming a mother.  The DRB was pleased  to see 
that the applicant was doing well, however, no inequity or impropriety in her discharge was suggested or found  in 
the course of the hearing. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  co~lsistent with  the 
proced~~ral and  s~~bstantive requirements  01' 
the  discharge  regulation  and  was  within  the  discretion  of'  the 
discharge authority and that the applicant was provided  fill1 administrative due proccss. 

In  view  of thc  foregoing findings the  Board  lirrthcr  concludes  that there  exists  no  legal  or ecluitable  basis  for 
upgrade of discharge, thus the applicant's discl~arge shoi~ld not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTHC Disch fr USAF Ft Meade MD, on 8 Feb 
02 UP AFI 36-3208, para 5.52 (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a .   DOB: 25 Sep  8 1 .   Enlmt Age: 18 7/12.  Disch Age: 20 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-31,  G-37,  M-22. PAFSC: 35031 -  Personnel Apprentice. 
DAS: 25 Sep 00. 

b.  Prior Sv: ( 1 )  AFRes 26 Apr 00 -  30 May 00 (1 month 5 days) (Inactive) 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 May 00 for 4 years. Svd: 01 Yrs 08 Mo 08 Das, of 

which AMS is 01 Yrs 08 Mos 03 Das (ex. 5 days time lost). 

b.  Grade Status:  A1C -  14 Jul 00 

c.  Time Lost:  15 Jun 01 -  19 Jul 01  (5 days time lost) 

d.  Art  15's:  None. 

e.  Additional :  LOR, 06 NOV 01 -  Failure to perform assigned tasks and 

LOR, 26 FEB 01 -  Failure to return in a timely manner from 

insubordinate towards an NCO. 

appointments on several occasions and 
taking extended lunches without 
permission. 

f.  CM:  None. 

g.  Record of SV: None. 

h .   Awards &  Decs:  APTR, AFOUA. 

i.  Stmt  of Sv:  TMS: (01) Yrs  (09) Mos  (08) Das 
TAMS:  (01) Yrs  (08) Mos  (03) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  Because it has been almost 6 years since I have seperated from the 

h.  On or about 9 Jun 01 you zdced SrA 1- ----- --- --- --- --- --- -- 

20  interfere with an 

investigation by providing a false official statement, to wit:  that she picked you up 
from the Amer-Suites Hotel on or about 9 Jun 01. 

i.  On or about 1 1 Jun 0 1 you asked: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -

-

-

-

- m  

:to interfere with an investigation 

by providing a false official statement, to wit:  that he picked you up &om the Amer- 
Suites Hotel on or about 9 Jun 0 1. 

j.  On or about 15 Jun 01, you made a false official statement to Special Agent -------: 
..-..-.: 

:had picked you up fiom the Amer-Suites 

m - - - - - - - - ,  

1 - - - - - - -; to wit:  that I - - - - - - - - - - - - - - - - - - - - - - a  
Hotel on or about 9 Jun 0 1. 

k.  On 13 Feb 0 1, you hiled to report to work in a timely manner following a morning 

doctor's appointment.  For this misconduct you received a Letter of Reprimand dated 
26 Feb 01, 

1.  On 20 Feb 01, you left your duty section for two hours without informing your 

supervisor that you were taking an extended lunch.  For this misconduct you received 
a Letter of Reprimand dated 26 Feb 0 1. 

m. On 23 Feb 01, you left your duty section for two hours without informing your 

supervisor that you were taking an extended lunch.  For this misconduct you received 
a Letter of Reprimand dated 26 Feb 01. 

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

n.  On 6 Nov 0 1, you fded to perform your assigned duties and were insubordinate to 

SSgt: ------------------- I.  For this misconduct you received a Letter of Reprimand dated 
6 NOV 01. 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending you receive an UOTHC discharge,  The commander 
exercising SPCM jurisdiction or a higher authority will make the final decision in this matter.  If 
you- are discharged; you will be ineligible for reenlistment in the Air Force and will probably be 
denied enlistment in any component of the armed forces any special pay, bonus, or education 
assistance h d s  may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult Iegal counsel. 
b.  Present your case to an administrative discharge board. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your own behalfin addition to, or in lieu of, the board hearing. 
e.  Waive the above rights.  You must consult legal counsel before making a decision to 

r 

waive any of your rights. 

"First in the Fight" 



Similar Decisions

  • AF | DRB | CY2001 | FD01-00057

    Original file (FD01-00057.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-01-00057 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received an Article 15, two Letters of Reprimand, a Letter of Admonishment and a Record of Individual Counseling for misconduct. DISCUSSXON: As the separation authority, you must make four determinations: (1) whether a basis for discharge exists; (2) whether an involuntary discharge is appropriate in...

  • AF | DRB | CY2005 | FD2005-00254

    Original file (FD2005-00254.pdf) Auto-classification: Denied

    The records indicated the applicant received a Record of Individual Counseling for reporting late for duty, a Letter of Reprimand for dereliction of duty, a Letter of Reprimand for failure to pay just debt and an Article 15 for failure to obey and false official statements during a six month period. SERVICE UNDER REVIEW: a. Enlisted as AB 07 Sep 00 for 4 yrs. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.

  • AF | DRB | CY2003 | FD2003-00180

    Original file (FD2003-00180.pdf) Auto-classification: Denied

    The applicant contends her discharge was improper because of errors in disciplinary documentation, her supervisor illegally obtained her hotel receipts, and incorrect counseling regarding re-classification into alternate career fields. Legal counsel also found no evidence the applicant's supervisor acted illegally in obtaining a hotel receipt. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF Atch 1.

  • AF | DRB | CY2005 | FD2005-00218

    Original file (FD2005-00218.pdf) Auto-classification: Denied

    RAI'IONALE CASE N l l M B t H FD-~005-00218 C;ENElXAL: The applicant appeals for upgrade of discharge to honorable. The characterization of the discharge received by the applicant was found to be appropriate. he signed a statement (DD Form 2366) that he understood he must receive an Ilonorable discharge to receive future educational entitlements.

  • AF | DRB | CY2006 | FD2006-00039

    Original file (FD2006-00039.pdf) Auto-classification: Denied

    e. Additional: LOR, 16 NOV 04 - Failure to go and failed room inspection. DEPARTMENT OFTHE AIR FORCE AIR EDUCATION ANPtRAININQ COMMAND FROM: 365 TRSICC SUBJECT: Notification Memorandum I . A copy of AFI 36-3208, is available for your use in the 365 TRS Military Training Flight Personnel Office.

  • AF | DRB | CY2002 | FD2002-0212

    Original file (FD2002-0212.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0212 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 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 FD2002-0212 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD ee (Former AlC) (HGH A1C) 1.

  • AF | DRB | CY2007 | FD2006-00299

    Original file (FD2006-00299.pdf) Auto-classification: Denied

    1 AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME O F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) MEMBER SITTING + J - + L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . The records indicated the applicant had a Special Court Martial and was found guilty of unlawfully entering the dwelling unit of a female; being drunk and disorderly; and committing an indecent assault upon a female. In view of the foregoing findings, the Board further concludes that there...

  • AF | DRB | CY2007 | FD2006-00191

    Original file (FD2006-00191.pdf) Auto-classification: Denied

    Applicant was administratively disciplined for financial irresponsibility, disobeying a direct order, lying, and making a false official statement. On or about 7 Feb 94, you received a Letter of Counseling for these incidents. The commander exercising SPCM jurisdiction or 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.

  • AF | DRB | CY2007 | FD2006-00124

    Original file (FD2006-00124.pdf) Auto-classification: Denied

    On or about 13 September 1997, you did, at or near Whiteman Air Force Base, Missouri, with intent to deceive, make to Staff Sergeant - - - - - - - - - - - - - - -;, a security forces investigator an official statement, to wit: that you had no knowledge of Senior Airman: ----------- -- -- -- --bwning a 9 millimeter handgun, which statement was totally false, and was then known by the said to be so false, in violation of UCMJ, Article 107, as evidenced by an Article 15, dated 8 October 1997. ...

  • AF | DRB | CY2002 | FD2002-0015

    Original file (FD2002-0015.pdf) Auto-classification: Denied

    INITIATION OF ACTION: C AFRL, Det 8/CC, recommends that A1C misconduct, specifically a pattern of misconduct, he further recommended that Respondent receive a general (under honorable conditions) discharge without an opportunity for probation and rehabilitation (P&R). RESPONDENT: Respondent, 21, has been in the Air Force for approximately two years and three months. I am recommending your discharge from the United States Air Force for misconduct, specifically, a pattern of misconduct.