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AF | DRB | CY2007 | FD2006-00388
Original file (FD2006-00388.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

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TYPE  GEN 

PERSONAL APPEARANCE 

1 NAME  OF COIJNSEL AND OR ORGANIZATION 

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A1 C 
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AFSNISSAN 
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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COLINSEL 

MEMBER SITTING 

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GEN 

VOTE OF THE BOARD 

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U O I I I C  

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OTHER 

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DENY 

ISSUES 

A95.00 
AO1.OO 

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INDEX NIIMRRR 

A60.00 

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1  20 Mar 2007 

1  CASE NIlMRCR 
I  FD-2006-00388 

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EXHIBITS SUBMITTED T O  THE BOARD 

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ORDER APPOTNTTNG THE BOAKL) 
APPLICATION FOR REVIEW 01' DISCIIARGE 
LETTER OF NOTIFICA'T'ION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S WI,I'.ASB  TO THE BOARD 
AI)I)I'I'IONAL  EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RPCOR1)ING OF PERSONAL APPEARANCt I l k  
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APPLICAKT S ISSUE AND THE BOARD'S  DECfSlOUAL RATIONAL ARE DISCUSSED ON THE ATTACHED .AIR FORCE DISCHARGE REVIEW  BOARD DECISIONAL RATIONALE 

Case heard in Washington, D.C. 

Advise a p p l i c a i i t  of the decision of the Board, the right to a personal appearance withtwithout 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. 
*  Reason and Authority 
+  Reenlistment Code 

..*..-.-  V"..................... .......  ................................... 
DATE:  3/21/2007 

INDORSEMENT 

V 

'TO: 

I 

SAFIMRRR 
550 C STRERT WEST, SUITE 40 
RANDOLPH AFR, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCIL 
AIR  FORCE DISCIIARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS  AFB, MD 20762.7002 

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(EF-V?) 

Previous edition will  be used 

1 

1 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00388 

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  appcarancc before the Discharge Review Board  (DRR) 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 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 applicant expressed a desire to upgrade her discharge to qualify for enlistment into the armed 
forces.  The Board 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 the applicant received two Article  15s, a 
Record of Individual Counseling, a Memorandum  for Record and three AETC Form 34 1 s for misconduct. 
The applicant received her first Article  15 for stealing four video games and five greeting cards from the 
Army and Air Force Exchange Service.  She was punishcd with a forfeiture of pay, 7 days of extra duty, and 
restriction to base for 7 days.  Her second Article  15 was for stealing a neck wallet and its contents from 
another airman and throwing the military  identification card into a dumpster.  She was reduced in grade to 
Airman.  She was administratively disciplined for being late for PT, failure to complete code maintenance 
training for the second time, missing from duty, and having an unclean room.  The DRB opined that through 
these administrative actions, the applicant had ample opportunities to change his negative behavior.  The 
Board concluded the applicant's  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  consistent  with  the 
procedural  and  substantive  requirements  of the  discharge regulation  and  was  within  the  discrction  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 AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Davis-Monthan AFB, AZ on 
4 Feb 02 UP AFI 36-3208, para 5.50.1 (Pattern of Misconduct -  Discreditable 
Involvement With Military or Civil Authorities).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Mar 82. Enlmt Age: 18 4/12.  Disch Age: 19 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-52,  (3-55, M-39. PAFSC: IN211 -  Signals Intellegence 
Productions Apprentice. DAS: 13 Nov 00. 

b.  prior Sv: (1) AFRes 02 Aug 00 -  25 Sep 00  (1 month 24 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Sep 00 for 6 yrs. Svd: 01 Yrs 04 Mo 09 Das, all AMS. 

b.  Grade Status:  Amn -  4 Jan 02) (Article 15, 4 Jan 02) 

A1C -  10 NOV 00 

c.  Time Lost:  None 

d.  Art 15's:  (1) 4 Jan 02, Davis-Monthan AFB, AZ -  Article 108.  You 

did, at or near Fort Huachuca, Arizona, on or about 27 
Mar 01, without authority, dispose of by throwing into a 
- - - - - - - - - - - - - , 
dumpster, the military identification card of AB : 

; of a value of $100. 00 or less, militar$------------' 

C.-..-..-.-..- 
property of the United States.  Article 1 2 1 .   You did, 
at or near Fort Huachuca, Arizona, on or about 2 5   Mar 
01, steal a neck wallet and its contents, of a value of 
about $35.00, the property of AB: L - - - - - - - - - - - - - - - - - - - - - - - - - -  
Reduction to Airman.  (No appeal)  (No mitigation) 

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

I .  

(2) 15 Dec 00, Davis-Monthan AFB, AZ -  Article 121.  You 
did, at or near Fort Huachuca, Arizona, on or about 4 
Dec 00, steal four video games and five greeting cards, 
of a value of about $124.26, the property of Army and 
Air Force Exchange Service.  Forfeiture of $217.00 pay, 
7 days extra duty, and restriction to the limits of Fort 
Huachuca, Arizona for 7 days. (No appeal)  (No 
mitigation) 

e.  Additional: AETC 341, 05 JUL 01 -  Late for PT. 

RIC, 02 APR 01 -  Failure to complete code maintenance 

training for the second time. 

AETC 341, 22 MAR 01 -  Missing from duty- 
MFR, 19 MAR 01 -  Failure to complete code maintenance. 
AETC 341, 19 DEC 00 -  Unclean room. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (06) Mos  (03) Das 
TAMS: (01) Yrs  (04) Mos  (09) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Sep 06. 

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

Discharge) 

Issue 1:  Enlistment in the Air National Guard.  Please consider my request 

for an up-grade or change to my discharge category, for the purpose of enrolling 
in the Air National Guard. 

ATCH 
None . 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

- abs@ 

FROM:  3 14 TRSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of 
Misconduct.  The authority for this action is AFPD 36-32 and AFI 3 6-3208, paragraph 5.50.1.  If 
my recommendation is approved, your service will be characterized as honorable or general.  I 
am recommending that your service be characterized as general. 

My reasons for this action are: 

, a.  On or about 04 Dec 00, you did steal four video games and five greeting cards, of a value 

of about $124.26, the property of the Army and Air Force Exchange Service.  For this, you 
received an AF Form 3070 (Article 1 9 ,  consisting of forfeiture of $2 17.00 pay, seven days extra 
duty, and restriction to the limits of Ft Huachuca, A2 for seven days. 

b.  On or about 25 Mar 01, you did steal a neck wallet +d  its contents, of a value of about 

. - - - - - - - - - - - - - - - - - - i _ _  

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

$35-00, the Propem of Ailman Basic; ....................  )  On or about 27 Mar 01, you did,  . 
dispose of by throwing into a dumpster, the military identification card 
without proper authority, 
of  an Basic I - - - - - - - - - - - - - - - - - - - - 5 
of a value of $100.00 or less, military property of the United 
States.  For these offenses, you received an AF Form 3070 (Article 15) on 04 Jan 02, consisting 
of reduction to the grade of Airman (E-2), with a new date of rank of 04 Jan 02. 

2.  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 
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 education assistance h d s  may 
be subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
You may telephon&~~r; : 
for consultation.  You may consult civilian counsel at your own expense. 

:, Area Defense Counsel at 6 0 0 0 ~ 6 ~ ~ 0 1 ~ 1  AFB, via DSN: q77- 9 7 0  

: - - - - - - - - - - I  

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  22 JR-  02 
unless you 
request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

(I( DO 

at 

. ! 

5.  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. 

6. You have been scheduled for a medical examination. You must report to the Physical Exams 
Section of the clinic on 17 Jfid  Oa  at 
7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the Unit Orderly Room. 

for the examination. 

I aC9 

Commander 

Attachments: 
Form 3070, dated 15 Dec 00 
1. 
2.  AF Form 3070, dated 04 Jan 02 



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