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(TYPE CEN 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

PERSONAL APPEARANCE 

GRADE 

1  AIC 
1  x  I 

RECORDREV~EW 

MEMBER SITTING 

VOTE OF THE BOARD 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .  

ISS~IES 

A94.05 

~ N D F X  NIIMBER 

A67.10 

HEARINC  DATE 

1  08 Mar 2007 

CASE NUMBER 

X 

X 

X 

1  1 
2 
3 
4 

EXHIBIT# SUBMITTED TQ 'THE BQARI) 

ORDEK AI'POTNTING  'l'liF, BOARD 

AI'P1,ICATION  FOR  liEVIEW OF [)ISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  REI.F,ASE TO THE HOARD 
ADDITIONAI. EXHIBITS SUHMITTED A'l' 'I'IMF. OF 
PERSONAL AI'I'EARANCE 

'I'APE  RECORDING OF PERSONA]. APPEARANCE  HE 

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. 

I 

I 

I 

550 C STREET WEST, SIJITE 40 
RANDOI .PI I  AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

CE PEKSONNEI.  COliNClL 

ANOREWS AFO, M D  20162-7(~1z 

-  - 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASh NCIMBEH 

FD-2006-00374 

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

The applicant was offered a personal  appearance before  the Discharge Review 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 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:  Applicant contends her discharge was inequitable because it was too harsh.  The records indicated 
the applicant received  an Article  15, three Letters  of Reprimand, five Letters o l  Counseling, and one Letter 
of Admonishment for  nlisconduct.  'The  miscoilduct  included  failure to go, wearing  civilian clothes during 
duty hours, failure to follow a direct order, dereliction  of duty, conduct unbecoming, malingering, failure to 
complete assigned tasks, insubordinate conduct towards a noncommissioned officer.  absence without  leave, 
speeding,  failure  to  attend  physical  training,  and  drinking  alcohol  while  on  twenty-four  hour  telephone 
standby.  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 characterization of the discharge received  by  the applicant 
was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consislent  with  the 
procedural  and  substantive  requirernei~ts 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 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 THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Kirtland AFB, NM on 27 
Oct 05 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 7 Aug 84.  Enlmt Age: 18 5/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-35,  E-45,  G-49,  M-43. PAFSC: IT151 -  Aircrew Life Support 
Journeyman.  DAS: 28 Jan 04. 

b.  Prior Sv: (1) AFRes 07 Jan 03 -  01 Sep 03  (7 months 25 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 2 Sep 03 for 4 years. Svd: 02 Yrs 01 Mo 26 Das, all AMS. 

b.  Grade Status:  A1C -  2 Jan 05 
A m  -  2 Mar 04 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Sep 05, Kirtland AFB, NM  -  Article 92.  You, who 

knew of your duties at or near Albuquerque, NM, between 
on or about 12 Aug 05, and on or about 13 Aug 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from drinking alcohol while 
you were assigned to be on 24-hour telephone standby for 
Aircrew Life support, as it was your duty to do, by 
drinking alcohol while you assigned to be on standby. 
Suspended reduction to A m ,  Forfeiture of $200.00 pay 
per month for 2 months and restriction to the limits of 
Kirtland AFB, NM for 45 days.  (No appeal) (No mitigation) 

e.  Additional: LOR, 13 JUL  05 -  Failed to go to mandatory PT. 

LOR, 28 JUN 05 -  Insubordinate conduct towards an NCO and 
LOCI 14 JUN 05 -  Failure to complete assigned tasks in a 
timely manner, requiring overtime. 
LOA, 25 MAR  05 -  Absense without leave, disobeying a 

failure to obey an order. 

Superior Commissioned Officer, 
insubordinate conduct towards an NCO and 
failure to obey an order. 

DD 1408, 27 FEB 05 -  Speeding ticket for doing 38 mph in a 

30 mph zone. 

LOR, 17 NOV 04 -  Insubordinate conduct towards an NCO, 

failure to obey a d i r e c t   o r d e r   and  absence 
without leave. 

LOC, 30 AUG 04 -  Dereliction of duty and failure to 

complete assigned tasks. 

LOCI 0 8   JUL 04 -  Failure to follow a direct order, conduct 

LOCI 08 JUL 04 -  Wearing civilian clothes during duty 

unbecoming of an airman and borderline 
malingering. 

LOC, 05 APR 04 -  Failure to go at the time prescribed to 

her appointed place of duty. 

hours. 

f.  CM:  None 

g.  Record of S V :   02 Sep 03 -  01 May 05  ~irtland AFB  4  (~nitial) 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (09) Mos  (21) Das 
TAMS: (02) Yrs  (01) Mos  (26) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Sep 06. 

(Change Discharge to Honorable) 

Issue 1:  I have been out of the military almost a year and 1 would like to 

upgrade my discharge as honorable. 

ATCH 
None 

DEPARTMENT OF THE AIR FORCE 
58TH OPERATIONS SUPPORT SQUADRON (AETC) 

KIRTLAND AFB, NEW MEXICO 87117-5861 

MEMORANDUM FOR  A1 C 1 .-.-.-.-. 

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

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

FROM:  58 OSSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct: Minor 
Disciplinary Infractions.  The authority for this action is MPD 36-32, Military Retirements and 
Separations, and AFI 36-3208, Administrative Separation of  Airmen, paragraph 5.49. If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  Between on or about 12 Aug 05 and on or about 13 Aug 05, at or near Albuquerque, 
New Mexico, you were derelict in the performance of your duties in that you willfully failed to 
refrain from drinking alcohol while you were assigned to be on 24-hour telephone standby for 
Aircrew Life Support, as it was your duty to do.  As a result, you received an Article 15, 
Nonjudicial Punishment (NJP) dated 12 Sep 05 (Atch A). 

b. On Friday, 8 Jul05, you were a no-show for squadron physical training.  As a result, you 

received a Letter of Reprimand (LOR) dated 13 JulO5 (Atch B). 

c.  On Friday, 24 Jun 05, you did not perform your assigned duties by not closing out your 
QC write-ups before you left for the day.  When SSgt: c . . . . . . . :discovered what had happened, she 
instructed you to complete your assigned duties before 0600 Monday, 27 Sun 05.  You failed to do 
so as ordered, and as a result, you received an LOR dated 28 Jun 05 (Atch C). 

- - - - - - - , 

d.  While others complete their assigned work within their scheduled duty hours, you 

remain behind on a daily basis just to finish your tasks.  Because of your continuing failure to meet 
workload time demands, and specifically the inspection of certain equipment at the work site in a 
timely manner, you received a Letter of Counseling (LOC) dated 14 Jun 05 (Atch D). 

e.  On 16 Mar 05, you were approximately 20 minutes late for a scheduled appointment, an 

appointment for which you were scheduled some 3 months in advance.  In addition, on the same 
date, you missed a mandatory PT session, one of three sessions required each week until you 
passed your PT test,  As a result, you received a Letter of Admonishment (LOA) dated 25 Mar 05 
(Atch E).  The LOA also documents your continuing problem with completing your assigned work 
during normal duty hours.  The daily workload in the rotary-wing section is divided evenly among 
all shop personnel, and no one else needs to spend the time you do completing their assigned work. 

f.  On 27 Feb 05, 

received a traffic ticket by personnel 

over the speed limit on Kirtland AFB (Atch F). 

FB a w 6 - 0 0 3 ' 3 q  

377h SFS for driving 

g.  On 15 Nov 04, you were over an hour late for work, and did not call in advance to let 
your supervisor know that you would be late.  As a result, you received an LOR dated 17 Nov 04 
(Atch G). 

h.  On 25 Aug 04 at the end of your shift, you signed the post flight log indicating that you 

accomplished several post flights.  However, on 26 Nov 04 during the course of a quality assurance 
inspection, and again on 27 Nov 04 as a result of a conversation that S ~ g t  \::::::::::::::::I::' 
:had 
with a crewmember, it became apparent that your performance was lacking, and that your tone and 
attitude were completely unprofessional.  As a result, you received an LOC dated 30 Aug 04 (Atch 
H), 

i.  On 7 Jul04, you were briefed that during your shift, you were to close out all of your 
-- 
A list of 
quality assurance discrepancies, help clean the shop, and inspet;t/correct 
i came into work 
specifics was left on the board for you.  However, when SSgti 
near the end of your shift, it was clear to her that all of your woik'kiiio't'fitiiifiid, and that you 
were leaving some of your work for the next shift to perform.  In the meantime, you were sitting at 
the work station playing cards.  As a result, you received an LOC dated 8 Jul04 (Atch I). 

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

the equipment. 

j.  On 8 Jul04, you were wearing civilian clothing during duty hours, notwithstanding the 

fact that you were briefed on 6 Jul04 specifically about the need to wear your uniform during duty 
hours.  As a result, you received an LOC dated 8 Jul04 (Atch J). 

k.  On 5 Apr 04, you failed to arrive to work at the prescribed time, arriving 45 minutes late 
because you did not hear the alarm go off.  You had been verbally counseled earlier for a previous 
late incident.  As a result, you received an LQC dated 5 Apr 04 (Atch K). 

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 higher authority 
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 are discharged, you will be ineligible 
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C. Section 2005(g). 

4.  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 : ----------------- a t  Bldg. 20361, 1655 1st 
Street SE, on  / ~ o L T  , at 
own expense. 

hours.  You may consult civilian counsel at your 

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

03 6 

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  0'745 3 5' 
unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority, 

0 LT 

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 must report to 377th Medical Group, 
2050A Second St. SE on  4Mov 

hours for the examination. 

0 9 l S  

, at 

4 

! 

8,  Any personal informat @ you furnish in rebuttal is covered by the CC! vacy Act of 1974. A copy 

of AFI 36-3208 is available for your use at the Orderly Room or ADC's office. 

Fb B D o b - o o  37 LJ 

9.  Execute the attached Receipt of Notification Memorandum (Atch L) as well as the attached 
Statement of Understanding Regarding Recoupment (Atch M) and return them it to me 
immediately. 

.------------------------------------------------ 
Commander 

13 Attachments: 
A. AF Form 3070 dated 12 Sep 05 
B. LOR dated 13 Jul05 
C. LOR dated 28 Jun 05 
D. LOC dated 14 Jun 05 
E. LOA dated 25 Mar 05 
F. Traffic Citation dated 27 Feb 05 
G. LOR dated 17 Nov 04. 
H. LOC dated 30 Aug 04 
I.  LOC dated 8 Jul04 
J.  LOC dated 8 Jul04 
K. LOC dated 5 Apr 04 
L. Receipt of Notification Memorandum 
M. Statement of Understanding