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1  N A M E  OF SIRVICE MEMBER (LASI', FIRST L11DDIX INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

HEARING DATE 

1  25 Apr 2007 

I  FD-2007-00003 

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IZDLK \I LIBER 

A67.00 

EXHIBITS SUBMITTED TO THE BOARD 

2  /  APPLICATION FOR REVIEW OF DISCHARGE 
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4 

I.E'I"I.E:.K OF NO.~IFICA'I'ION 
BRIEF OF PERSONNEL FILE 
COONStl.'S  RE1.tASE  1'0 'I'HE  BOARD 
ADDITlONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE  HE 

CASE NUMBER 

~ C A ~ T  

S ISSUE AND TH6 MARD'S  DECISIONAI.  R4TIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL  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. 

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SAFIMRBR 
550 C S'I'REET  W t S  1. SUI 1 k' 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

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FROM: 

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SECRETARY O F  THE AIR FORCE PERSONNEL COLINClL 
AIR FORCE DISCHARGE REVIEW  BOARn 
1535 COMMAND DR. EE WING. 3Rl) FI.OOR 
ANDREWS AFB. MI)  20762-7W2 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00003 

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: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  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 the applicant received an Article  15, three 
Letters of Reprimand, and a Record of Individual Counseling for misconduct.  The applicant received an 
Article  15 for disobeying a lawful order by driving on an Air Force installation while under suspended 
driving privileges and for fraudulently obtaining base housing.  She was punished with a suspended 
reduction in grade to Airman First Class, forfeiture of pay and 30 days extra duty.  Applicant was also 
administratively  disciplined for failure to go, failure to maintain lawn in base housing, and for being arrested 
twice by civilian authorities for driving under the influence.  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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Wickam AFB, HI on 3 Aug 
06 UP RFL36-3208, para 5.50 (Pattern of Misconduct).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Oct 80.  Enlmt Age: 17 3/12.  Disch Age: 25 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-41,  E-38,  G-40,  M-62. PAFSC: 2A655 - Aircraft Hydraulic Systems 
Journeyman.  DAS: 21 Aug 03. 

b.  Prior Sv: (1) AFRes 28 Oct  98 -  22 Jun 99 (7 months 25 days) (Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  ~nlisted as AB 23 Jun 99 for 6 years.  Extended 3 A p r   03 for 23 months. 

Svd: 07 Yrs 01 Mo 11 Das, all AMS. 

b.  Grade Status:  SrA -  06 Dec 01 
A1C -  06 A u ~  99, 

c.  Time Lost:  None. 
d.  Art  15's:  (1) 18 Jan 05, Wickam AFB, HI -  Article 92.  You, having ____ 

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'  to wit: "Your driving privileges on all AF 

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knowledge of a lawful order issued by Lt Colm 
: . -. -. . -. . : I  
installations are hereby suspended for one year 
effective immediately,I1 an order which it was your duty 
to obey, did, on or about 26 May 04, fail to obey the 
same by wrongfully driving on an AF installation. 
Article 92.  YOU, who knew or should have known of your 
duties, from on or about 28 Aug 03 to on or about 3 Aug 
04, were derelict in the performance of those duties in 
that you willfully obtained housing fradlently and 
failed to report that you did not have any dependents 
living with you, as it was your duty to do.  Suspended 
reduction to A1C and 30 days extra duty.  Forfeiture of 
$820.00 pay per month for two months, that portion in 
excess of $820'.00 pay per month for one month is 
suspended.  (No appeal) (No mitigation) 

e.  Additional: EOR/UIF/CR, 03 MAY 06 - Arrested by civilian police for 

LoR/UIF, 24 AUG 04 -  Failure to go. 
RIC, 24 AUG 04 -  Failure to maintain lawn in base housing 
LOR, 25 AUG 03 -  Apprehended by civilian police for DUI. 

DUI . 

f .  CM:  None. 

g.  Record of SV: 23 Jun 99 -  22 Feb 01  Dyess AFB  5  (Initial) 

23 Feb 01 -  22 Feb 02  Dyess AFB  5  (Annual) 
23 Feb 02 -  22 Feb 03  Dyess AFB  5  (Annual) 
23 Feb 03 -  22 Feb 04  Hickam AFB  3  (Annua1)REF 
23 Feb 04 -  22 Feb 05  Hickam AFB  3  (Annua1)REF 
23 Feb 05 -  23 Feb 06  Hickam AFB  5  (Annual) 

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

i.  Stmt of  S v :   TMS:  (07) Yrs  (09) Mos  (06) Das 
TAMS:  (07) Yrs  (01) Mos  (11) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 29 Dec 06. 

(Change Discharge to Honorable.) 

Issue 1:  No issues submitted. 

ATCH 
1.  DD Form 214 
2.  Copy of Court judgment 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR SRA~ 

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; 735 AMS 

C...................-..-..-..-..-..-..-..-. 

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$ / & R   P-6 

FROM:  735 AMSICC 

SUBJECT: 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, Administrative 
Separation of~irmen, Chapter 5, paragraph 5.50, Pattern of Misconduct.  If my recommendation 
is approved, your service will be characterized as General.  Copies of the documents to be 
forwarded to the separation authority in support of this recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 22 Mar 06, you were arrested by the Kaneohe Police Department for driving 
under the influence (DUI) of alcohol, after an officer noted that you failed to maintain a single 
lane of traffic.  You failed the Standardized Field Sobriety Test and refused to take the breath 
test.  Driving under the influence of alcohol is a violation of Article 1 1 1 of the UCMJ.  For this 
misconduct that jeopardized the health and safety of others, you received a Letter of Reprimand 
(LOR), dated 3 May 06, and you were placed on a control roster.  Your base driving privileges 
were again suspended for one year as of 7 Apr 06. 

b.  On or about 20 Aug 04, you failed to go to a housing final out-processing appointment at 

2 10A 16th Street, Hickam AFB, in violation of Article 86, UCMJ.  For this misconduct, you 
received a LOR dated 24 Aug 04. 

c.  On or about 10 Aug 04, you received a ticket from the housing office for because you had 
failed to maintain your lawn.  For this misconduct, you received a Letter of Counseling (LOC), 
dated 24 Aug 04. 

d.  On or about 26 May 04, you faiIed to obey a lawful order issued by Lieutenant Colonel 

Robert K.  Boyles, stating, "Your driving privileges on all Air Force Installations are hereby 
suspended for one year effective immediately,"  when you wrongfully drove on Hickarn AFB. 
Additionally, you fraudulently obtained government quarters on Hickam AFB fkom 28 Aug 03 to 
3 Aug 04, despite the fact that you had no dependents residing with you.  For these acts of 
misconduct, you received an Article 15.  Your punishment consisted of a suspended reduction to 
the grade to A1 C, forfeiture of $820.00 per month for 2 months (one month suspended), and 30 
days extra duty. 

e.  On or about 14 Aug 03, you were apprehended by the Vacaville CAY Police Department for 
driving under the influence (DUI) of alcohol.  Your Blood Alcohol Content (BAC) was reported 
at .2, twice the legal limit.  For this misconduct, you received a Letter of Reprimand (LOR), 

dated 25 Aug 03.  You were referred to the Alcohol and Drug Abuse Prevention and Treatment 
Office (Bldg. 1105, Hickam AFB) for substance abuse evaluation.  Your driving privileges on all 
Air Force Installations were suspending for one year.  An  Unfavorable Information File (UIF) 
was reestablished 29 Aug 03. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached. This action could resuIt in your separation with a UOTHC 
Discharge.  I am recommending, you receive a General 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 ineligibIe for reenlistment in the United States Air Force and 
will probably be denied enlistment in any component of the armed forces and any special pay, 
bonus, or education assistance funds may be subjected to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

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

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

e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

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5.  You have been scheduled for a medical examination  You must report to  Pr, n c y  k o n  
f  X b m  ,at l4uo 

hours for the examination. 

!
at  f rho 

6.  You have the right to consult counsel.  Military legal-cp-n;el has been obtained to assist you. 
I have made an appointment for you to consult 
a
another, if the lawyer you request is in the active military service and is reasonably available as 
determined according to AFI 51-201, Administration of Military Justice. In addition to military 
counsel, you have the right to employ civilian counsel. The Military Component does not pay 
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be 
readily availabIe. 

 

7.  Confer with your counsel and reply, in writing, by 36 SLI r e  
duty days), specifying the rights you choose to exercise.  The statement must be signed in the 
presence of your counsel who also will sign it.  If you waive your right to a hearing before an 
administrative discharge board, you may submit written statements in your behalf.  I will send the 
statements to the discharge authority with the case file to be considered with this 
recommendation.  If you fail to respond, your failure wilI constitute a waiver of the right to the 
board hearing. 

hours (7 

at  1,500 

8.  Any personal information you h i s h  in rebuttal is covered by the Privacy Act of  1974.  A 
copy of AFI 36-3208 is available for your use at Unit Orderly Room. 

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

10. 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. 

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

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Commander, 735th Air Mobility Squadron 

Attachments: 
I.  LOR (2 pages), dated 3 May 06 
2.  LOR w/mernber's  response (4 pages), dated 24 Aug 04 
3.  LOC (2 pages), dated 24 Aug 04 
4.  AF Form 3070 (3 pages), dated 18 Jan 05 
5.  LOR (2 pages), dated 25 Aug 03