AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

.------------------------------------. 
A67.90 

INDEX  NUMBER 

,SUES 

A93.01 
A94.05 

IEARlNC DATE 

CASE NUMBER 

X 

X 

EXHIBITS sU&MR@&~~'~Q 

THE BOA&) 

ORDER APPOWTWG THE BOAR11 
APPLICATION  FOR REVIEW OF DISCHARGE 

1 
2 
3  (  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COIJNSEL'S RELEASE TO THE BOAR11 
ADDITIONAL, EXHIBITS SUBMITTED AT TIME OP 
PERSONAI. APPEARANCE 

TAPE RECORIIING  OF PERSONAI.  AI'PEARANCE  I IF. 

0 May 2007 
SPLICART'S ISSUE AND l H E  BOARD'S  DECISIONAL R A ~ O ~ A L  

FD-2006-00458 

I 

AR~QISCUSSED ON THE AlTACHED AIR FORCE DISCHARGE REMEW B O W  DECISIONAL RATIOKALE 

I 

I 

lase heard in Washington, D.C. 

,dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
pplication to the AFBCMR. 

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

,----------------------------------.--p----.-.-----------------r----------.-.------------------------------.----------, 

I ~ ~ R S E M E N T  

w 

DATE:  5R3R007 

.,. 

n. 

SAFIMRHR 
550 C Sl'REKI'  WEST, SUITE 40 
IlANDOLPH AFB, TX 78150-4742 

FROM 

SLC'HETARY OF TllE AIR  FORCE PERSOVhEL COUHC'II. 
AIR FORC'L IIISCHARCE REVIE\\  BOAHI) 
I535 COII.MAh'Il  DR. EE  \\l.IC.JRD  FLOOH 
ANDRLWS AFR, MD 20162-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NlJMBER 

FD-2006-00458 

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 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: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  She 
admits that she was young, naTve, and following the wrong crowd.  The records indicated the applicant 
received two Article  15s and a Letter of Reprimand for misconduct.  The first Article 15 was for stealing a 
pair of shoes, two video games, a picture frame, a pair of pants, a shirt, a portable compact disc player from 
the Army and Air Force Exchange Service (AAFES); and theft of $78.00 from AAFES.  She was punished 
with a reduction in grade to Airman Basic, restricted to RAF Lakenheath for 20 days and 20 days of extra 
duty.  The second Article  15 was for theft of two pairs of shoes and a Panasonic video cassette adapter from 
AAFES.  For this misconduct, she was reduced in grade to Airman Basic, restricted to RAF Lakenheath for 
30 days and received a reprimand.  She was also administratively disciplined for being a passenger in a 
vehicle operated by a driver under the influence of alcohol.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities 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 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 AB)  (HGH AMN) 

1.  MATTER UNDER  REVIEW:  Appl recld a GEN Disch fr USAF Los Angeles AFB, CA on 
25 Nov 02 UP AFI 36-3208, para 5.50.2  (Pattern of Misconduct  -  Conduct 
Prejudicial to Good Order and ~iscipline). Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Oct 81. Enlmt Age: 18 5/12.  Disch Age: 21 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-65,  E-43,  G-68,  M-43. PAFSC: 4E051 -  Public Health Journeyman. 
DAS: 13 Jan 01. 

b.  Prior Sv:  (1) AFRes 14 Apr 00 -  18 Jul 00 (3 months 5 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Jul 00 for 4 yrs. Svd: 02 Yrs 04 Mo 07 Das, all AMS. 

b.  Grade Status:  AB  -  5 Sep 02  (~rticle 15, 5 Sep 02) 

A m  -  26 Jan 02 
AB -  26 Jul 01  (Article 15, 26 Jul 01) 
A m  19 Jan 01. 

c.  Time Lost:  None 

d.  Art 15's:  (1) 5  Sep 02, RAF  Lakenheath, UK -  Article 121.  You did, 
on or about 29 Jun 02, steal one pair of Nike running 
shoes, size 6.5 and one pair of Air Jordans, size 6 ,  of 
a value of $144.00, the property of Army and Air Force 
Exchange Service, RAF Lakenheath, UK.  Article 121.  You 
did, on or about 29 Jun 02, steal a Panasonic video 
cassette adapter, of a value of $28.00, the property of 
Army and Air Force Exchange Service, RAF Lakenheath, UK. 
Reduction to AB, restriction to RAF Lakenheath, United 
Kingdom for 30 days, and a reprimand.  (No appeal)  (No 
mitigation) 

26 Jul 01, RAF  Lakenheath, UK -  Article 121.  You, did, 
on or about 13 Sun 01, steal a pair of shoes, two video 
games, a picture frame, a pair of pants, a shirt, a 
portable compact disc  (CD) player, of some value 
greather than $100.00, the property of the Army and Air 
Force Exchange Service.  Article 121.  You, did, on or 
about 13 Jun 01, steal $78.00 in United States currency, 
the property of the Army and Air Force Exchange Service. 
Reduction to AB, restriction to RAF Lakenheath for 20 
days and 20 days extra duty.(No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 18 JAN 02 -  Was a passenger in a vehicle being 
operated by a driver who had been 
drinking alcohol.  The operator was 
stopped by Civil Authorities and was 
found to be far above the blood 
alcohol limit. 

f.  CM:  None. 

g.  Record of SV: 19 Jul 00 -  18 Mar 02  RAF ~akenheath 3  (1nitial)REF 

h.  Awards &  Decs:  NDSM, AFOSLTR, AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (07) Mos  (12) Das 
TAMS: (02) Yrs  (04) Mos  (07) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Nov 06. 

(Change Discharge to Honorabl) 

Issue 1:  I am requesting an upgrade because I would like to get a 

government job.  My spouse is in the Army and 1 would like a better job.  I feel 
like I have payed  (sic) the price for my punishment and would like a second 
chance. 

Issue 2:  I would like to be given a second chance.  when I was discharged, 
1 was young naive, and following the wrong crowd.  I have since changed my life 
dramatically.  I work for a wonderful company, was recently married.  My husband 
is in the Army and r  just want us to have a better life with better job 
opportunities.  Please consider my request whatever decision your review board 
makes, will be one that you guys feel is just.  Please give me a second chance 
to serve my country.  I am honestly a changed person. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

48TH FIGHTER WING (USAFE) 

MEMORANDUM FOR AB i 

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

48 AMDS 

3%kn 

FROM:  48 AMDSICC 

SLBJECT:  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 36-3208, Section H, paragraph 
5.50.2.  If my recommendation is approved, your service will be characterized as honorable or 
under honorable conditions (general).  I am recommending that your service be characterized as 
under honorable conditions (general). 

2,  My reasons for this action are: 

a.  At or near RAF Lakenheath, UK, you did, on or about 29 Jun 02, steal one pair of 

Nike running shoes, size 6.5 and one pair of Air Jordans, size 6, of a value of $144.00, the 
property of Army Air Force Exchange Service, RAF Lakenheath, UK.  For this you received 
Nonjudicial Punishment, dtd 5 Sep 02. 

b,  At or near RAF Lakenheath, UK, you did, on or about 29 Jun 02, steal a Panasonic 
video cassette adapter, of a value of $28.00, the property of Army Air Force Exchange Service, 
RAF Lakenheath, UK.  For this you received the same as in paragraph a, supra. 

c.  At or near RAJ Lakenheath, UK, on or about 13 Jan 02, you knowingly rode in a 

vehicle with an operator you knew had been drinking.  For this you received a Letter of 
Reprimand (LOR), dtd 18 Jan 02. 

d.  At or near RAF Lakenheath, UK, you did, on or about 13 Jun 01, steal a pair of shoes, 
two video games, a picture frame, a pair of pants, a shirt, and a portable compact disc (cd) player, 
of some value greater than $100.00, the property of the Army and Air Force Exchange Service. 
For this you received a Nonjudicial Punishment, dtd 26 Jul01. 

e.  At or near RAF Lakenheath, UK, you did, on or about 13 Jun 01, steal $78.00 in 

United States currency, the property of the Army and Air Force Exchange Service. For this you 
received the same as in paragraph d, supra. 

3.  Copies of the documents to be forwarded to the separation au,thority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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 

t 

r. 

pnsz%-dDr's8 

r education assistance 

e Air Force i d  any special pay, 

ineligible for reenlistment 
funds may be subject to recoupment. 
4.  You have the right to consult counsel. Military legal counsel, & 
:  bldg 976, ext 
3608, has been obtained to assist you.  An appointment has been scheduled for you to consult 
them at  1s  h a z / / o o o   &  . You may consult civilian counsel at your own expense. 

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I 

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  / o w d @ c 7 0   2 unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

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 must schedule an appointment with your Primary Care Manager, who will provide you 
with a DD Form 2697, Assessment of Health Care.  You should then report to the Physical 
Exams Section at the 48th Medical Group during walk-in hours, with your DD Form 2697. 
Walk-in hours for Physical Exams are 0900- 1400, Monday thru Friday.  If you wear eyeglasses, 
you must bring them with you.  Ifvou are unable to make any of your scheduIed appointments, 
you must contact the First Sergeant immediately. 

8.  The Privacy Act Statement covers any personal information you furnish in rebuttal.  A copy of 
AF136-3208 is available for your use in your unit orderly room. 

9.  The separation authority will make the findings and recommendation required under 10 U.S.C 
2005 (g). 

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

Attachments: 

1.  Nonjudicial Punishment, dtd 5 Sep 02 
2.  LOR, dtd 18 Jan 02 
3.  Nonjudicial Punishment, dtd 26 Jul01