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Decision Text

AF | DRB | CY2007 | FD2006-00481
Original file (FD2006-00481.pdf) Auto-classification: Denied
VAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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

NAME OF COUNSEI.  AND OR ORGANIZATION 

ADDRESS AND OR ORCANIZATION OF COUNSEL 

................................. ..'.A 

IhDEX hU.MBER 

ISSUCS 

,494.05 

A67.90 
. .  ..  . 

EXHIMHS SUBMITTEDTO THE BOARD 

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1 
2 
3 
4 

ORDER APPOINTING I'IIE BOARD 
APPLICATION  FOK  REVIEW OF DISCIIARGE 
LB1"I'ER OF NOTIFICA1'ION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RF.I.EASE TO THE HOARD 
ADDI'I'IONAL EXHIBITS  StJBMITTED AT 'I'IME OF 
PERSONAL APPFAItANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

HEARING  DATE 

CASE NUMBER 

10 May 2007 
AQBLICANT'S ISSUE AND THE BOARD'S D E C ~ ~ P O N ~ L  RATIONAL ARE DISCUSSED ON THE a7TACHED AIR FORCE DISCHARGE W E W  BOARD WCISIONAI.  RATIONALE 

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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 AFBCMR. 

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

SAFIMRBK 
550 C S T E C T  WESI',  SUI'TE 40 
RANDOLPH AFB, TX 781 50-4742 

ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2006-00481 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge. 

The applicant was offered a personal appearance 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 and change of reason and authority for discharge are 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. 

lSSUE: 

Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh. 
Applicant stated she was a victim of domestic violence and did not receive the needed support from her 
leadership.  The records indicated the applicant received two Article  15s and a Record of Individual 
Counseling for misconduct.  The applicant received her first Article 15 for disobeying a lawful order to clean 
up and report to the barracks to get ready for a Base Honor Guard detail.  She was punished with a 
suspended reduction in grade and 30 days of extra duty.  Her second Article  15 was for making a false 
statement during a pre-trial confinement hearing.  She was reduced in grade to Airman and had to perform 
14 days of extra duty.  She was also administratively disciplined for failure to go.  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 AMN)  (HGH AlC) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr USAF Little Rock AFB, AR  on 1 
Apr 97 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct  -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge and to Change 
Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Nov 75.  Enlmt Age:  18 6/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-62,  G-72,  M-42. PAFSC: 2R131 -  Maintenance Scheduling 
Apprentice. DAS: 15 Mar 95. 

b.  Prior Sv: (1) AFRes 1 Jun 94 -  21 Nov 94 ( 5  months 21 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Nov 94 for 4 years. Svd: 0 2   Yrs 04 Mo 10 Das, all 

AMS . 

b.  Grade Status:  A m   -  18 Mar 97 (Article 15, 18 Mar 97) 

A1C -  22 Jan 97 
A m  -  24 May 96 (Article 15, 24 May 96) 
A1C -  22 Mar 96 
A m  -  22 May 95 

c.  Time Lost:  None. 

d.  Art 15's :  (1) 18' Mar 97, Little Rock AFB, AR  -  Article 134.  You did, 

on or about 21 Dec 96, in a pre-trial confinement 
hearing, wrongfully and unlawfully make unde;- lawful 
oath a false statement in substa~ce-ag- fpPf1p>>;--zhat you 
did not spend any time with SrA : 
: between 
on or about 6 Dec 96 and on or about 19 Dec 96, which 
statement you did not then believe to be true. 
Reduction to Amn and 14 days extra duty.  (No appeal) 
(No mitigation) 

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( 2 )   24 May 96, Little Rock AFB, AR  -  Article,91. 

having received a lawful order from MSgt : 
NCO, then known by you to be a NCO, to clean up and 
report to the barracks to get ready for a ~ase-Honor 
Guard detail, an order which it was your duty to obey, 
did, on or about 17 May 96, willfully disobey the same. 
Reduction to AB and 30 days extra duty.  Appeal approved 
in part.  Reduction from Amn to AB suspended effective 
13 Sep 96.  (No mitigation) 

'  a 

You 

------------------. 
. . . -. . -. -. . -. . . . -. .t 

e.  Additional: RIC, 23 MAY 96 -  Failure to go. 

f.  CM:  None. 
g.  Record of SV: 22 Nov 94 -  21 Jul 96  Little Rock AFB  3  (Initial) 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (10) Mos  (01) Das 
TAMS: (02) Yrs  (04) Mos  (10) Das 

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

(Change Discharge to Honorable and Reason for Discharge.) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF 'THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

OM6 NO. 0704-0004 
OMB approval expires 
Oct 31, 2009 

'The publz reporting burden for this collection of ~nformat~on 
maintaming the data needed, and wmpletlng and reviewing the collection of infonnatlon. Send comments regarding thls burden estimate or any other aspect of this mllecti0n of IhfOnnaU~n, including 
suggestions for reduclng the burden, to the Department of Defense, Executive Servlcas Directorate (07046004). Respondents should be aware that notwithstanding any other pmvlsion of law, no 
person shall be subject to any penalty for falling to comply with a collection of Information If t does not display a currently val~d OM5 wntml number.  PLEASE DO NOT RETURN YOUR FORM 
TO  THE ABOVE ORGANltATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON  BACK OF THIS PAGE. 

IS  esbmated lo average 30 rnlnutes per response, lncludlng the tlme for rewemng inshhons, searching &sung  data sources, gathering and 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PLIRPOSE(S):  To apply for a change in the characterization or reason for military discharge issued to an individual. 
ROUTINE USE@):  None. 
DISCLOSURE:  Voluntary; however, failure to provide identifying information may impede processing of this application.  The request for Social 
Security Number Is strictly to assure proper identification of the individual and appropriate records. 
1. APPLICANT DATA (The person whose discharge is to be reviewed).  PLEASE PRINT OR W P E  INFORMATION. 
a.  BRANCH OF SERVICE (Xone) 
b1 pmE&gst, -6&Ajidd1e 
Lnjtia!), 
I 
C-..-..-..-..-..-..-------. 
e.  CURRENT MAILING ADDRESS OF APPLICANT ORPERSON NAMED IN ITEM 11  (Foiward 
- . natifc~th P€  BOYC~B(IUQ I? address.) 

I COAST GUARD 
d.  SOCIAL SEfJE!E?!h4B4-E - - 

I  XI AIRFORCE 

I MARINE CORPS 

c.  GRADElRANK AT  DISCHARGE 

f. T t L t M m t ~  

I ARMY  I 

1  NAW 

E2 

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----------- 

---- ~lnclude 
Area Code) 
....................... 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

(Include Area Code) 

4.  ~ ~ S C H A R G E  C H ~ ~ - C T E R ~ ~ T ~ N R E C E I V E D  

(Xone) 

2. DATE OF DISCHARGE  OR s=ETlON 
(YYYYMMDD)  If date is more than 15 years 
ago, submit a hD Form  148) 

19970401 

3.  UNIT AND LOCATION AT DISCHARGE 

OR SEPARATION 

3 14th, Little Rock, AR 

X 
-- 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
. . 
BAD CONDUCT (Saecial court-martial onlvl 
., 
UNCHARACTERIZED 
o I  HkK (kxplarn) 

5. BOARD ACTION REQUEST ED w a n e )  
1( 

CHANGE TO HONORABLE 
CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARAC~ER~&D 
, . . . . -  r.. . - -. . . . . . . . .  . - -, 
(Not noolicnbln for Air Force1 

Page 3.) 

6.  ISSUES: WHY AN  UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue In ltem 13.  See lnstructlonson 
The issue that caused me to want to be separated fiom the military was domestic violence.  The offender was also in the Air Force 
and I felt that because of all of the incidents that had happened I was not safe there and I was getting no assistance from the Air Force 
in keeping this individual from breaking into my dorm room-which he did on several occasions or attacking me-which he also did on 

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7. (Xifappllcable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YWYMMDD) 

AND THlS FORM IS SUBMllTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE. 

8.  IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in ltem 14. 

If military documents or medical records are relevant to your case, phase send coples.) 

9. TYPE OF REVIEW REQUESTED w a n e )  

X 

CONDUCT A RECORD REVIE  OF MY DISCHARGE BASED ON MY  MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I ANDIO~~counseI/rePreSentaff~e) WILL NOT APPEAR BEFORE THE BOARD. 
I AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON, D.C.  METROPOLITAN AREA. 
'  I AND/OR  (coo>eUrepresentative)  WISH TO APPEAR AT A HEARING AT NO  EXPENSE TO  THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(enter city and state) 

(NOTE:  The Navy Discharge Revlew Board does not have a tmvellngpanel.) 

10.a.  C O U N S E U K ~ P R E S ~ N T A ~ ~  

(Ifany) NAMt (Last, First, Middle Initial) AND ADDRtSS 

b. 

(Include Area Code) 

(See ltem 10 of the Instructions about munseUrepresentatlve.) 

C.  E-MAIL 

I I. APPLICANT MUST SIGN IN ITEM 12.a. BELOW.  If the record i n  question is that of a deceased or incompetent person, LEGAL PROOF 

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant, 
Indicate the name (printJ 
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and relationship by marking a box below. 
l WIDOWER  I NEXT OF KIN I LEGAL REPRESENTATIVE I OTHER (soecifv) 

1 SPOUSE n WIDOW 

I 12. CERTIFICATION. I make the foregoing statements,  as part of my claim, with full knowledge of the 
penalties involved for willfully making a false statement or claiin. (U.S. Code, Title 18, Secfions 287 
and 1001, provide that an individual shall be fined under this tltle or imprisoned not more than 5 years, or both.) 
- - - - - - - 
, a. - - SIGNATUkE---WIu!.E? 
- -  - - - - . - - - - -- - - - - - 
6D F ~ R M  293, NOV 2006 

- - -* -*- -- ----- ---  Y- - - - - 

f&?!c?fi!  oL ~ e ~ s - ~ ~ f l i s r J t ~ ~ 1 ~ - ? k ~ v g J  

PREVIOUS EDITION IS OBSOLETE. 

b. DATE SIGNED -REQUIRED 

(YWYMMDD) 

., 

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CASE NUMBER 

(Do not write in this space.) 

F b W ~ k o o Y 8 (  

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Page I of 4 Pages 
FonFlowlAdobe Designer 7.0 

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13. CONTINUATION OF ITEM 6, ISSUES (If applicable) 
several occasions-both on and off base.  The offender lied and stated that I was still coming to see him and he had a friend in the 
military who corroborated the lie.  The military conducted a line-up of individuals that were supposed to look like me, when in fact 
only one looked anything close to mC  and the offenders witness h e w  the both of us-so the line-up was useless anyway. I chose not 
to fight the separation in 1997 because I was ready to leave the service because I felt I was being made to blame for bringing to ligh 
the huge problem of domestic violence on the military installations.  There was no misconduct on my part and I feel that this never 
should have been placed on my record.  The only thing that I did wrong was get involved with an individual who thought beating 
women should be accepted. I now realize that allowing the military to place the "mi~conduct'~ on my record makes it appear that I 
did something wrong when in fact I was the victim.  I feel that I did things to try to prevent him from contacting me, I spoke with 
Family Advocacy, I moved back on base to the dormitory, his Unit Commander as well as my Unit Commander were informed of 
the situation-yet nothing was done to protect me-even after losing my child.  I know now that the military takes the issue more 
seriously, but while I was serving the issue w8s not spoken of publicly and there was not much assistance to the victim even if they 
were Active Duty personnel. 
14. CONTINUATION OF ITEM 8, SLIPPORTING DOCUMENTS (If applicable) 

15. REMARKS (If applicable) 
While still in the service, I wrote the poem below about the issue of Domestic Violence, not just in the military but in the world, and 
it was published in a newspaper in Little Rock, AR. This upset my commander even though the poem had no mention of the Air 
Force or their lack of assistance for victims of domestic violence. 

Domestic Violence is a problem that happens every single day 
It can happen to anyone, not just a certain religion or a certain race 
Lots of women are in this situation and don't quite h o w  what to do 
Hiding their shame from their loved ones-hiding bruises black and blue 
Many people blame the women for not leaving these abusive men 
Comments like these are easy to make when you're on the outside looking in 
When are you going to do something about it? 
When it's your daughter or sister who's hurt- 
What is it that these women have nowhere to turn, except to a legal system that doesn't work? 
When are people going to start helping instead of not wanting to pry? 
Why is it that the only way justice is served is when the woman dies? 
We can't just keep passing by md turning our heads in silence- 
When women and children die everyday due to Domestic Violence 

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St. Louis, MO  63132-5200 
(See http://arba.arrny.pentagon.rnil) 

AIR FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
550-C Street West. Suite 40. 
Randolph AFB, TX  781504742 

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DD FORM 293, NOV 2006 

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NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard, DC 20374-5023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (CG-122) 
2100 Second Street, S.W.  Room 5500 
Washington, DC  20593 

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Page 2 of 4 Pages 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS  314TH AIRLIFT WING (ACC) 
LITTLE ROCK AIR  FORCE BASE.  ARKANSAS 

Bsi MAR ssa 

MEMORANDUM FOR i .------------------------------------------------------------------- 

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

3 14th LOGISTICS SUPPORT SQUADRON 

FROM:  3 14 LSSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for A Pattern of 
Misconduct, Conduct Prejudicial to Good Order and Discipline.  The authority for this action is 
MPD 36-32 and AFT 36-3208, 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.  On or about 21 Decemer 1996, you wrongfully and unlafilly  made a false statement 
under lawful oath, that you did not spend any time with SrA: ...................... bn or about 6 
December 1996, which statement was not true.  You received an Article 15 for your actions. 
(Atch 1-1) 

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

b.  On or about 22 May 1996, you failed to go to your appointed place of duty at the time 

prescribed.  You received a Letter of Counseling for your actions.  (Atch 1-2) 

c.  On or about 17 May 1996, you disobeyed a lawful order to clean up and report to the 
barracks for an Honor Guard detail.  You received an Article 15 for your actions. (Atch 1-3) 

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 higher authority 
will decide whether you will be discharged or retained in the Air Force and if discharged, how 
your service will be characterized. If you are discharged, you will be ineligible for reenlistment in 
the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Captain! 
Whiteman AFB, MO by telephone at Bldg. 1255, Rm 2Ei ;-~d@hone 3260 on 20 March 1997 at 
1600 hours.  You may consult civilian counsel at your own expense. 

5 Area Defense Counsel, at 

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 3 workdays 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 medical examination.  You must report to Little Rock AFB 
Hospital at 0730 hours on.24 March 1997 for the examination. 

8.  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 Orderly Room. 

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

Commander 

Attachments : 
1-1 Art  15, 19 Mar 97 
1-2 LOC, 23 May 96 
1-3 Art  15, 13 Jun 96 



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