ISSUES 

A94.53 
A92.01 

INDEX NUMBER 

HEARING  DATE 

CASE NUMBER 

x*-t 

x*+ 

X* t 

1 
ORl)t.,K APPOIN I ING  I  Ilk  HOAR13 
2 
APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEL FILE 
4 
COUNSEL'S &LEASE 
AI~I~II'IONAL EX1 IIHI'I'S SUHMI'TTED AT TIME OF 
PERSONAI. APPEARANCE 

'10 '1'1 IE BOARD 

TAPE WCORDING 01:  PERSONAL APPLAIUNCE Ilk 

APPI.ICANT'S  ISSGE AND THE BOARD'S DECISIONAL RATIONAL  ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHAROE REVIEW BOARD DOCISIONAI. RATlON4LE 

I 

I 

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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 A F B C M R .  

Names and votes will be made available to the applicant at the applicant's request. 
*  Reason and Authority 
+  Reenlistment Code 

..~.~..~..~..~..~....1.~.1_11_111111~-..-..........-..-..-..-Y-.-..-..-..-..-.-..-..-..-..-....-.. 

IKDORSEMENT 

DATE:  7/30L?M)7 

i-n . 

I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

bI%O\I' 

SECRETARY OF TllE AIR FORCE PERSONNEL COIINCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WINC, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

P r e v i o u s  e d i t i o n  w i l l  be used 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00467 

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 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, 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: 

Issue 1.  The applicant submitted no issues of inequity or impropriety.  She admitted that she made mistakes 
in the past.  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 applicant had received two Article 
15s, a Letter of Counseling, three Records of Individual Counseling, and three Memorandums for Record for 
misconduct.  The first Article  15 was for falsely pretending to be the owner of an AT&T card and 
wrongfully obtaining AT&T services by charging calls in excess of $1078.66.  She was punished with a 
suspended reduction to Airman Basic and fourteen days of extra duty.  The second Article  15 was for falsely 
pretending to Seymour Johnson AFB telephone operators that she was making official calls to Japan which 
was false.  She received a suspended reduction to Airman, forfeiture of pay, 45 days of extra duty, and a 
reprimand.  The applicant had additional misconduct and was disciplined for failure to follow directions and 
attention to detail, CDC End of Course Failure, unprofessional behavior, making a racial statement, missed 
medical appointment, AAFES returned check notice, dishonored check, and being late for work.  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. 

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. 
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 discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Seymour Johnson AFB, NC 
on 10 May 00 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary 
Infractions).  Appeals for Honorable Discharge, to Change the RE Code and Reason 
for Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Apr 79.  Enlmt Age: 18 1/12.  Disch Age: 22 0/12. Educ: HS  DIPL. 

AFQT: N/A.  A-76,  E-34,  G-46,  M-18. PAFSC: 3M03L -  Services Apprentice. 
DAS: 15 Apr 98. 

b.  Prior Sv: (1) AFRes 17 Jun 97 -  24 Nov 97 (5 months 8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 25 Nov 97 for 4 years. Svd: 02 Yrs 05 Mo 16 Das, all 

AMS . 

b.  Grade Status:  A1C -  25 Mar 99 
A m  -  25 May 98 

C.  Time Lost:  None. 

d.  Art  15's:  (1) 23 Nov 99, Seymour Johnson AFB, NC -  Article 134.  You 
did, between on or about 25 Aug 99 and on or about 17 
Sep 99, with intent to defraud, falsely pretend to 
Seymour Johnson AFB telephone operators that you were 
making official telephone calls to Marine Corps AS 
Iwakuni, Japan, then knowing that the pretenses were 
false, and by means thereof did wrongfully obtain from 
the United States Government services, of a value of 
about $43.43.  Suspended reduction to Ann.  Forfeiture 
of $537.00 pay, 45 days extra duty and a reprimand. 
(No appeal)  (No mitigation) 

(2) 4 Sep 98, Seymour Johnson AFB, NC -  Article 134.  You 

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

did, in the continental United States, on divers 
occasions, between on or about 4 Jun 98 and on or about 
11 Jul 98, with intent to defraud, falsely pretend to 
AT&T  to be the owner of an AT&T  calling card belonging 
to A m n :  ,..-..-.-..-..-..! 
'  then knowing that the pretenses were 
false, and by means thereof did wrongfully obtain from 
AT&T, services, of a value of about $1,078.66, to wit: 
by charging phone calls to the said A m  ; - - - - - - - - - - a  
: calling 
card.  Suspended reduction to AB.  Fourteen days extra 

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

duty.  (No appeal)  (No mitigation) 

e.  Additional: RIC, 19 APR 00 -  Attention to detail and failure to follow 

directions. 

CE, 03 FEB 00 -  Second CDC End of Course Failure. 
CE, 04 OCT 99 -  First CDC End of Course Failure. 
RIC, 01 OCT 99 -  Unprofessional Behavior. 
RIC, 17 SEP 99 -  Late for work. 
MFR, 01 SEP 99 -  Making a racial statement. 
LOC, 14 JUL 99 -  Dishonored check. 
MFR, 03 MAY 99 -  Missed Medical appointment. 
MFR, 05 APR 99 -  AAFES returned checks notice. 

f.  CM:  None. 

g.  Record of SV: 25 Nov 97  -  10 Aug 99  Seymour Johnson AFB  3  (Initial) 
11 Aug 99 -  10 Apr 00  Seymour Johnson AFB 2(CMDR DIR)REF 

h.  Awards &  Decs:  AFTR, AFESM 

i.  Stmt of Sv:  TMS:  (02) Y ~ s  (10) Mos  (24) Das 
TAMS:  (02) Yrs  (05) MOS  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Dec 06. 

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

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  DD Form 214 

To Whom It May Concern: 

I am writing on my behalf to request a change on my DD 
Form 214. My current discharge is General/  Under 

-  Honorable conditions and I am requesting a change to 

Honorable and a change on my reentry code. My two years 
and five months service includes a tour in Iraq during 
Operation Southern Watch. I feel I have served my country 
honorably and I recognize my mistakes from the past. 
However; I do not feel I shouId pay for those mistakes for 
the rest of  my life. An honorable discharge will strengthen 
my opportunity to succeed in the future and give me a better 
chance of  working in other areas of  increased responsibility. 
It will also give me that since of  pride in knowing that I've 
made a difference in the military and for my country. I am 
proud of  being a veteran and will be honored to receive a 
change in my discharge characterization/reentry code. Your 
approval in this matter will be greatly appreciated. 

DEPARTMENT OF'THE AIR FORCE 

4TH  FIQHTER  WING  (ACC) 

SEYMOUR  JOHNSON  AIR  FORCE  BASE  NC 

MEMORANDUM FOR A 1C ! .......................................... 
FROM:  4 SVSICC 

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

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for unsatisfactory performance, 
specifically failure to progress in on-the-job training, and for misconduct, specifically minor disciplinary 
infractions.  The authority for my recommendation is AFPD 36-32, AFI  36-3208, Chapter 5, Section E, 
Paragraph 5.26.3,  and AFI  36-3208, Chapter 5, Section H,  Paragraph 5.49.  Pursuant to  Table  1.3 and 
Paragraphs 5.48 and 6.44.3 of  AFI  36-3208, your service can be  characterized as honorable, general or 
under other than honorable conditions.  I am recommending your service be characterized as general. 

2.  My reasons for this action: . 

a.  Between on or about 4 June 1998 andgngr about  11 July  1998, with the intent to defraud, you 
j AT&T calling card.  This is evidenced by  AF Form 

charged  $1,078.66 of phone calls on  A m !  
3070 dated 4 September 1998 (Tab la). 

b.  On  or  about  5 April  1999, your  commander  was  notified  that  you  had  written  approximately 
$1 10.85 worth of  checks to the Army and Air Force Exchange Service that were returned dishonored by 
your  financial institution.  This  is  evidenced by  an Army  and  Air  Force Exchange Service ( A M S )  
memorandum dated 5 April 1999 (Tab lb). 

c.  Between  on  or  about  24  February  1999  and  on  or  about  3  May  1999, you  failed  to  attend 
scheduled medical appointments.  This is evidenced by  a Missed Medical Appoinhent(s) memorandum 
dated 3 May 1999 (Tab lc) 

d.  On or about  14 May  1999, you wrote a check in the amount of $30.87 to a local business (Duke's 
Beauty) that was returned by your financial institution as dishonored.  This is evidenced by a Letter of 
Counseling dated 14 July 1999 (Tab Id). 

e.  On or about 31 August 1999, you made inappropriate comments to TSgti .................... 

--..-..-.-..-..-....- 
!in that 
you stated "doin'  whatever massah tells us to do."  This is evidenced by a Memorandum for Record dated 
1 September 1999 (Tab le). 

f.  On or about 16 September 1999, you were directed by SMSgt: ------. 

!and TSg( --------- !to be at work 
at  0600 on  Friday,  17 September  1999.  On  17 September  1999, you  reported  to  duty  late.  This is 
evidenced by an AF FO& 

174 dated 17 September 1999 (Tab If). 

I - - - - - -  

--------- 

g.  Between  on  or  about 25 August  1999 and  on  or  about  17 September  1999, with  the intent  to 
defraud, you  falsely pretended  to Seymour Johnson Air Force'Base telephone  operators that you  were 
making official  telephone calls to Marine Corps Air  Station Iwakuni, Japan.  The total  value of  these 
calls was approximately $43.43.  This is evidenced by AF Form 3070 dated 15 November 1999 (Tab lg). 

h.  On  or  about 30 September  1949, you  displayed unprofessional behavior in that  you returned  to 
your duty section wearing civilian clothes.  When you were confronted about it by your supervisor, you 
ignored him and walked away,  He tried to call you back into the office, but you still ignored him.  This is 
evidenced by an AF Form 174 dated 1 October 1999 with attachments (Tab lh). 

i.  On or about 4 October 1999, you were administered an end of  course examination for your career 
development course for which you  scored a 48 percent, below  the Air Force's  standard of  65 percent. 
This is evidenced by a Report of Course Examination dated 4 ~ c t o b e r  1999 (Tab li). 

j.  On or about 3 February 2000, you were administered a second end of course examination for your 
career development  course  for which  you  scored  a  58 percent, below  the  Air Force's  standard of  65 
percent.  This is evidenced by  a Report of Course Examination dated 3 February 2000 with attachments 
(Tab lj). 

k.  On  16 April  2000,  you  were  asked  by  your  supervisor  to  get  off  the  telephone  in  order  to 
.-.-..... . tasks for the shift.  You displayed insubordinate conduct in that you told your 
accomplish the remaining 
supepj;p.rtt Szgt  - - - - - - - - - -!, "you're  a damn liar!"  Approximately  15 minutes later  when confronted by 
SSgt\----------i about the outburst, you  said, "You  may not  be a liar, but there are some bitches on this 
shift that haven't done shit all day!"  This is evidenced by an AF Form 174 dated 19 April 2000 (Tab lk). 

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 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. 

counsel has been obtained to assisr you.  I have 
4.  You have the right to consult counsel.  Militarykgal - - - - - - - - - - - - - - ,  
:  Area  Defense  Counsel,  at  11 85 
made  an  appointment for  you  to  consult  C 8 f 7  ! 
, 
Cannon Street, Suite 308, Seymour Johnson AFB NC.  The Area Defense Counsel can be reached at ext 
2-5345  or  DSN  722-5345.  Your  appointment  has  been  scheduled  on  3 M f i  Y 
(date)  at 
/ A0 0 

(time).  You may consult civilian counsel at your own expense. 

---------- 

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  / 5 o  O/A MAY dRallow three duty days) 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 have been scheduled for a mandatory medical examination at the Physical Examination Section, 
4th Medical Group,  Seymour Johnson @?El,  on  4  May  2000 at  1030 hours.  You  are scheduled for a 
mandatory follow-up appointment at the Blue Team on 4 May 2000 at 1100 hours. 

8.  Any personal information you furnish in rebuttal is covered by  the Privacy Act o f  1974.  A copy of 
AF136-3208 is available for your use at the unit orderly room or the Area Defense Counsel's office. 

9.  Execute the attached acknowledgement and return it to me immediately. 

4 --.-.-.-...........--------------------------------------: 

Commander 

Attachments: 
1.  Supporting Documentation: 

a.  A.FForm3070, dtd4 September 1998 
b.  AAJ3ES Memorandum, dtd 5 April 1999 
c.  Missed Medical Appointment(s) Memorandum, dtd 3 May 1999 
d.  Letter of Counseling, dtd 14 July 1999 
e.  Memorandum for Record, dtd 1 September 1999 
f.  AF Form 174, dtd 17 September 1999 
g.  AF Form 3070, dtd  15 November 1999 
h.  AF Form 174, dtd 1 October 1999 w/atchs 
i.  Report of Course Examination, dtd 4 October 1999 
j.  Report of Course Examination, dtd 3 February 2000 w/atchs 
k.  AF Form 174, dtd 19 April 2000 

2.  Airman's Receipt of Notification Memorandum 
3.  Medical Examination 
4.  EPRs 
5.  Airman's Statement