AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

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No 
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MEMBER SITTING 

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lSSI'E$ 

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A67. I0 

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RECORD REVIEW 

ADDRESb AND OR ORGANIZATION  OF COONSEL 

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VWE OP q,rC BOAW 

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EXHIBITS SUBMITTED T O  T H E  BOARD 

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OKDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
1.ETTEK  OF NOI'IFICA'I'ION 
RK1F.V OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDI'I'IONAL EX1 IIBI'fS SUBMI'I'TED AT I'IME OF 
PERSONAI. APPEARANCE 

I  TAPE RECORDMG OF PERSONAL APPEARANCE HE 

HEARING  DATE 

25 Apr 2007 

CASE NUMBER 

FD-2006-00439 

Case heard in Washington, D.C. 

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. 

INDORSEMENT 

***.-.-.--.-*------------ 

DATE:  5/7/2007 

TO: 

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SAFIMRBR 
550 C STREET WES'I', SUITE 40 
RANDOI .PI I AFB, TX 78 150-4742 

FROM. 

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Sk;CREl'ARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00439 

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: 

Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh. 
The records indicated the applicant received an Article  15, a Vacation, three Letters of Reprimand, and a 
Letter of Counseling for misconduct.  The applicant received an Article 15 for failure to go to her appointed 
place of duty.  She was punished with a suspended reduction in grade to Airman, forfeiture of pay, 
restriction to Laughlin AFB for 30 days, 10 days of extra duty, and a reprimand.  The Vacation action was 
for failing to refrain from possessing alcoholic beverages other than malt beverages or wine.  As a result, she 
was reduced in grade to Airman.  Applicant was also administratively disciplined for dereliction of duty, 
physical fitness examination failure, failure to obey a lawful order, insubordinate conduct towards an NCO, 
disorderly conduct while under the influence of alcohol, and a charge for public intoxication.  The DRB 
opined that through these administrative actions, the applicant had ample opportunitics to change her 
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 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 equitablc 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 recld a GEN Disch fr USAF Laughlin AFB, TX on 10 
Aug 06 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions) . 
Appeals for Honorable Discharge. 

2 .   BACKGROUND: 

a. DOE: 9 Sep 83.  Enlmt Age: 19 6/12.  Disch Age: 22 11/12. Educ: HS D I P L .  

AFQT: N / A .   A-55,  E-25,  G-47, M-41. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS :  8 NOV 03 . 

b.  Prior Sv: (1) AFRes 10 Mar 03 -  26 May 03  (2 months 17 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 27 May 03 for 6 yrs. Svd: 03 Yrs 02 Mo 14 Das, all AMS. 

b.  Grade Status:  A1C -  06 Jun 05 

Amn  06 Aug 04  (Vacation of Article 15, 2 Sep 04) 
A1C -  11 Jul 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 02 Sep 04, Vacation, Laughlin AFB, TX -  Article 92. 

You, who knew or should have known of your duties, on or 
about 27 Aug 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from possessing alcoholic beverages other than malt 
beverages and wine in accordance with the Waiver to Air 
Force Instruction 34-219, Minimum Age for Purchasing 
Possessing or Drinking Alcoholic Beverages, as it was 
your duty to do.  Reduction to Airman.  (No appeal)  (No 
mitigation) 

(2) 06 Aug 04, Laughlin AFB, TX -  Article 86.  You did, on 

or about 28 Jul 04, without authority, fail to go at the 
time prescribed to your appointed place of duty, to wit: 
Building 139.  Suspended reduction to Airman. 
Forfeiture of $150.00 pay per month for 2 months. 
Restriction to the limits of Laughlin AFB, TX for 30 
days, 10 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: LOC, 20 JUL 06 -  Second Physical Fitness examination 

LOR/UIF, 19 JUL 06 -  Dereliction of duty, failure to obey a 

failure . 

LOR/UIF, 06 JUL 06 -  While under the influence of alcohol: 

lawful order, insubordinate conduct 
towards an NCO, and failure to go. 

argued with boyfriend, acted in a 
disorderly manner, and was  involved in 
a domestic disturbance involving a 
physical altercation, all leading to 
her arrest by a local law enforcement 
officer . 

LOR/UIF, 28 JUL 04 -  Charged with public intoxication. 

f.  CM:  None. 

g.  Record of SV: 2 7   May 03 -  2 7   Jan 05  Laughlin AFB  4  (1nitial)REF 

2 8   Jan 05 -  2 7   Jan 06  Laughlin AFB  4  (Annual) REF 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (01) Das 
TAMS:  (03) Yrs  (02) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 10 Nov 06. 

(Change Discharge to Honorable) 

Issue 1:  I served honorably for three years and 3 months and think my 

discharge should reflect that. 

ATCB 
1. DD Form 149. 

DEPARTMENT OF THE AIR  FORCE 

AIR EDUCATION AND TRAINING COMMAND 

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

3 47 SFS 

JUL  2 7 2006 

MEMORANDUM FOR A l~ i 

FROM: 47 SFSICC 

SUBSECT:  Notification Memorandum 

1.  I am recommending your discharge h m  the United States Air Force for Misconduct: 
Minor Disciplinary Infractions.  The authority for this action is AFPD 36-32 and AFI 36- 
3208, paragraph 5.49.  If m y  recommendation is approved, your service will be characterized 
as Honorable or General.  I am recommending that your service be characterized as General. 

2.  My reasons for this action are: 

a  On 24 July 2004, you were riding as a passenger in a vehicle with a fellow Airman 
who was intoxicated.  To complicate the matter, you wcre uncooperative and 
disrespectful with the Department of Public Safety Trooper and were charged with public 
intoxication.  This is evidenced by the Letter of Reprimand, dated 28 July 2004. 

b.  On 28 July 2004, you failed to report to your appointad place of duty.  This is 
evidenced by the Article 15, dated 6 August 2004 and the establishment of an 
Unfavorable Information File (UIF). 

c.  On 27 August 2004, you, as a minor, were in possession of hard liquor,  This is 
evidenced by the Vacation Action, datd 2 September 2004. 

d.  On 4 July 2006, you were involved in a domestic disturbance with your boyfriend 
resulting in physical altercation that led to your arrest by a local law enforcement officer. 
Tbis is evidenced by the Letter of Reprimand, dated 6 July 2006. 

e.  On 12 July, 2006, you were derelict in ,he performance of your duties when you 
removed your weapon belt after being told to retm to your post.  Furthqmorc, you 
filed to obey a direct order given to you by Technical Sergeanti- ----- -- ----- -- --- 1 This is 
evidenced by the Letter of Reprimand, dated 19 July 2006. 

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

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 c h a r a c ~ d .  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 recoupmat. The separation authority 
will make the r dings and recommendations required under 10 U.S.C.  Section (g). 

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3.  You have the right to consult counsel.  Military legal counsel 
Gentile Street,  Building 61 19, Lackland Air Force Base, Texas @SN  473-2924) on - 
July 2006, at 

hours.  You may consult civilian caunsel at your own expense. 

military defense counsel at 1 87 1 

* 

P r C -  
.  is d & k .  

4.  You have the right to submit statements in your own behal 
the separation authority to consider must reach me by  &OS 
receive an extension for good cause shown. I will send them to the separation authority. 

y statements you want 

unless you request and 

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 47th Medical 
W y  2006, at  D 4 m o &  for the examination. 
Group, 590 Mitchell Boulevard on 
&+u4 

7.  ~n~ personal information you 
A copy of AFI 36-3208 is available for your use at the unit orderly room. 

ish 'in rebuttal is covered by the Privacy Act of 1974. 

8.  Execute the attached aclarowledgment and return it to me immediately. 

'.-....-..-.-..-.-.-----------------------------------' 

Commander 

Attachments: 
1.  Rcccipt of Notification Memorandum 
2.  Letter of Reprimand (28 July 2004) 
3.  Article 1 5 '(6 August 2004) 
4.  Vacation Action (2 September 2004) 
5.  Letter of ~ e p r i m i d  (6 July 2006) 
6.  Letter of Reprimand (1 9 July 2006) 
7.  Letter of Counseling (20 July 2006) 
8.  Unfavorable Information File Summary