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AF | DRB | CY2007 | FD2006-00422
Original file (FD2006-00422.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

- 

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

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INI'I'IAI~ 

1  : 
---------------------------------------. 

PERSONAL APPEARANCE 

TYPE  UOTH 

COUNSEL 

NAME Oh' COUNSEL AND OR ORG4NIZA.I ION 

YES 

No 
X 

I 

I 

MEMBER SITTING 

1 

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

: 

ISSUES 

A92.35 
A94.05 

INDEX NUMBER 

A67.30 

IIEARING  "ATE 

( 
1  15 Mar 2007 

1  CASE NUMBER 
1  FD-2006-00422 

APPLICANTS tSSUE AND THE 8OARU'S DECISION&RA~?QNAL A M  DisCUSSEW ON 

Case heard in Washington, D.C. 

GRADE 

SRA 

AFSNISSAN 
.------------------ 
------------------. 

X 

RECORDREVIEW 

4DDRhSSAND OR ORGANIZATION Ok  COIJNSEL 

I 

VOTE OF THE BOARD 

.- 

-- 

X 

X 

X 

X 

X 

, 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER API'OPlTING  'I  HE BOARII 
APPLICATION  FOR REVIEW OF  DISCHAKGE 
I.ETTER  OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  FXLLASE TO THI: HOARD 
A1)I)ITIONAL  I:XIIIBITS  SUHMITTED A I  TIME OF 
PERSONAL AI'PEARANCF 

I APE RECORTIING OF PERSONAL APIJkARANCT, I  IEARING 

1 

KITACHED AIR FQKCE DISCHAROE RAVIEW BOARD DECISIONAI. RATibNALE 

I 

I 

I 

L 

Advise applicant ofthe decision of the Board, the right to a personal appearance with/witl~out counsel, and the right to submit an 
applicatioil to the AFBCMR. 

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

SAFIMRBR 
550 C S'I'REET WEST, SLJITE 40 
RANDOLPH AFt3, '1'X 78150-4742 

5tC'Ht IARV O F T H t  AIH  FORCE PElC>OhYFL  COL hCII. 
AIR FOR(  E DISCH4RCF RE\lCII  B O 4 R n  
1535 CO\l\IAYD  DR. tt \\ IVC. 3RD tLOOR 
ANl)HF,WS APB, ~ ~ ' 2 ~ 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-VZ) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASY: NIJMBEH 

FD-2006-00422 

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. 

ISSUES: 

Issue 1.  The applicant contends her discharge was inequitable because it was too harsh and based on one 
isolated incident.  The records indicated the applicant received an Article  15 for misconduct. The misconduct 
included attempting to steal money from Bank of America by applying for a credit card in another 
noncommissioned officer's name and by using another non-commissioned officer's  social security number 
to apply for a loan on-line through Rank of America. ?'he Board concluded the misconduct was a significant 
departure from conduct expected of all military mcmbers.  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 
and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects 
of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons 
which were the basis for this case. 

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  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 dischargc 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 recld a UOTHC Disch fr USAF Hurlburt Field, FL on 
5 Oct 06 UP AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious 
Offense).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 26 Jul 74.  Enlmt Age: 26 9/12.  Disch Age: 32 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-52,  G-57,  M-47. PAFSC: 6F051 -  Financial Management & 
Comptroller Journeyman.  DAS: 10 Jun 04. 

b,  Prior Sv: (1) AFReS 21 May 01 -  04 Sep 01  ( 3   months 14 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 5   Sep 01 for 6 years. Svd: 05 Yrs 01 Mo 01 Das, all 

AMS . 

b.  Grade Status:  SrA -  30 Aug 06  (Article 15, 30 Aug 06) 

SSgt -  1 A u ~  0 5  

c.  Time Lost:  None. 

d.  Art  15's:  (1) 30 Aug 06, Hurlburt Field, FL -  Article 8 0 .   You, did, 

. . - . . - . - . . - . . C r y - - - - - - - - - - - - - - - - - -  

!without first obtaining SSgt : 

r........: 

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

:name.  Article 

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

on or about 8 May 06, attempt to steal money from the 
Bank of America as evidenced by lour wrongfully applying 
for a credit card in SSgt 
134.  You, did, on or about 8 May 06, willfully and 
f raudul$fitly-use--th$- personal identification infor,g-Gtior? 
of SSgt : 
--------------- :consent, by memorizing her social security 
number and applying for a loan on-line through Bank of 
I - - - - - - - - - - - - - - - - - - - - - - - -  : name, social 
America using the said SSgt 1 - - - - - - - - - - - - - - - - - - - - - - - ,  
security number and your address, such conduct being of 
a nature to bring discredit upon the armed forces and  or 
under the circumstances, was to the prejudice of good 
order and discipline.  Reduction to SrA.  (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 05 Sep 01 -  15 Apr 03  McGuire AFB  4  (HAF  DIR) 

16 Apr 03 -  29 Feb 04  McGuire AFB  5  (CRO) 
01 Mar 0 4   -  2 8   Feb 0 5   Hurlburt FLD  5   (Annual) 

01 Mar 05 -  28 Feb 06  Hurlburt FLD  5  (Annual) 

h.  Awards &  Decs:  NDSM,  AFTR,  GWOTSM,  NCOPMER,  AFLSA,  AFOUA W/V, W / 1   OLC, 

AFGCM . 

i.  Stmt of Sv:  TMS: (05) Yrs  (04) Mos  (15) Das 
TAMS:  (05) Yrs  (01) Mos  (01) Das 

4 .  

BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 3 Nov 06. 
(Change Discharge to Honorable.) 

Issue 1:  My discharge was inquitable (sic) because it was based on one 

isolated incident during my 5 years of honorable service where no other adverse 
action had been taken. 

Issue 2:  This discharge was improper because it gives a misleading 

impression of my credibility to future employers. 

Issue 3:  I served with honor my entire service time except for the 

inexcusable lapse in judgement that resulted in my administrative discharge.  My 
characterization should not be based on one incident on an otherwise flawless 
record/history.  I am unable to serve my country, but I still have a family to 
take care of.  This characterization has hindered my ability to receive any 
future jobs working with the government.  I am an honorable person who made a 
mistake.  My issue has been listed above.  I thank you for your time and 
consideration in this matter. 

ATCH 
1.  Article 15 with response. 
2 .   Character letters. 
3.  Notification letter with response. 
4.  Graduation notification letter. 
5.  Congratulatory letter. 
6 .   EPRs. 
7 .   DD Form 214. 
8.  Request for copy of records. 

DEPARTMENT OF THE AIR FORCE 

1 6TH SPECIAL OPERATIONS WING (AFSOC) 

HURLBURT FIELD FLORIDA 

SUBJECT: Notification Memorandum - Board Hearing 

1.  I am recommending your discharge h m  the United States Air Force for Misconduct: 
Commission of a Serious Offense. The authority for this action is AFPD 36-32, Military 
Retirements and Separations and AFI 36-3208, Adminis&ative Separation of  Airmen chapter 5, 
paragraphs 5.52.  Copies of tbe documents to be forwarded to the separation authority to support 
this recommendation are attached. 

2.  My reason for this action is: 

a.  On or about 8 May 06, at or near Hurlburt Field, Florida, you attempted to steal money 

fiom Bank of America, as evidenced by wrongfully applying for a credit card in Staff Sergeant 
I - - - - - - - - - - - - - - - - - -  : name. 

C................., 

b.  On or about 8 May 06, at or near Hurlburt Field, Fbrida, you wiiiwyY&- - - - 

of Staff Sergeanti ----------------- hithout 
fraudulmtly used the persong jd~ntitifi.c.cqtionninf~mation 
&t  obtaining Staff Sergeant i .-.-.-........-.-. 
iconsent, by memorizing her social security number, 
_ _ _ _ _ _ _ _ _ _ _  -I 
and applying for a loan on-line through Bank of America using the said staff sergeant!------------ 
name, social security number and your address, such conduct being of a nature to bring discredit 
upon the armed forces and, or, under the circumstances, was to the prejudice of good order and 
discipline. 

3.  ibis action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) discharge.  I am recommending that your service be characterized as a UOTHC 
discharge.  The commander exercising Special Court-Martial 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 and any special pay, bonus, or education assistance b d s  may be subject to 
recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board, subject to your availability. 

c.  Be represented by legal counsel at a board hearing. 

Any Time ... Any Place 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  However, you must consult legal counsel before making a 

decision to waive any of your own rights. 

5.  Military legal counsel, coordinated through Area Defense Counsel, Hurlburt Field, FL, 
(850) 884-521615217, has been obtained to assist you. Instead of the appointed counsel, you may 
have another, if the lawyer you request is in the active military service and is reasonably available 
as determind according to AFI 51-201, Administration of  Military Justice.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must be 
readily available. 

6.  Confer with your counsel and reply in writing within 7 workdays, specifymg the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who will also 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I wiIl send the statements to the separation 
authority with the case file to be considered with this recommendation. If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

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. 

8.  If you request a board and you fail to appear without good cause, your fdure to appear 
constitutes a waiver of your right to be. present at the hearing. 

9.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

Attachments: 
1.  AF Form 3070 and members response, dtd 30 Aug 06 (10 pp) 
2. Copy of Notification Memorandum wlatchs 
3.  Aiman's Acknowledgment 



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