NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI,) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

Mr. Philip Riley 
'The  American Legion 

1608 K ST NW 
Washington DC 20006 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCIIARGE 
LETTER OF NOTIFICATION 

5 

ADDITIONAI,  EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
TAPE RECORDING OF PERSONAL, APPEARANCE 

HEARING  DATE 

CASE NUMBER 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board 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 
* Reenlistment Code 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB.  MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASC NIJMDER 

FD-2007-00029 

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

The applicant  appeared and testified  before thc Discharge Review Hoard  (DRR), with  counsel, at Andrews 
AFB on  12 Jul2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5 Applicant's  Contentions (w/ American Lcgion Counsel's statement attached). 

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,  and  change  of 
reenlistment code are denied. 

The  Board  finds  that  neither  the  evidcnce  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  l'he records indicated the 
applicant received nonjudicial punishment  under Article  15, UCMJ, that nonjudicial punishment was vacated 
due to additional misconduct, that the applicant was issucd two Letters oi'Reprirnand  and a Record oi' 
Individual Counseling, as well as had this information placcd within her unfavorable inforination iile and 
was placed on the control roster during hcr short two years of scrvice.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change her negative behavior, cven despite 
the challenges she claimed from having a new supervisor.  Additioilally, although the applicant claims that 
hcr command failed to consider or investigate what was really happening to her, tcstitnoily indicated that the 
applicant spoke to her colnnlander and nuinerous NCOs personally about her concerns, and since she worked 
directly and in close proximity to the co~nmander as part of his commander's  support staff, it was difiici~lt to 
credit the applicant's  assertion that a personality collflict with her direct supervisor was the cause of her 
troubles.  The record shows the commander, the staff judge  advocate, and the separation authority all 
considered probation and rehabilitation, but all fclt the applicant was not a suitable candidate, based on her 
acts of misconduct.  The majority of the Board Members collcluded the applicant's misconduct was a 
significant departure from conduct expected of all military mcmbers.  Thc characterization of the discharge 
received by the applicant was h u n d  to be appropriate. 

Issue 2.  Applicant states that her discharge did not take into account the good things shc did whilc in the 
service. The DRB took note of thc applicant's duty performance as documented by her performance reports 
and other accomplishments.  They found thc seriousiless of the willful misconduct ofl'set the positive aspects 
of the applicant's duty performailce and off-duty activities.  'l'he majority Board concluded the dischargc was 
appropriate for the reasons which were the basis for this case. 

Issuc 3 applies to the applicant's post-service activities.  The DRB was pleased to sec that the applicant was 
doing well in her life and has held a good job for a number of years.  However, no illequity or impropriety  in 
her discharge was found in the course of the hearing.  Thc ~najority 13oard concluded the inisconduct of the 
applicant during her term of scrvice was appropriately characterizcd. 

Issue 4.  The applicant cited her desirc to receive the Ci.1, Bill benefits as justification  for upgrade.  'l'he DRO 
noted that when the applicant applied  for these benefits, she signed a statement that she understood  she must 
rcceive an Honorable discharge to receive future educational entitlements.  'l'he  Board was sy~npathetic to 
the impact the loss of thcse benefits was having on the applicant, but this is not a matter of inequity or 
impropriety which would warrant an upgrade. 

that she should not be pcnali~ed indefinitely for a mistake she made when 

Issue 5.  Applicant c o ~ l t e ~ ~ d s  
young.  The DRB recognized thc applicant was over* 21  years of agc when the discharge took place. 
Ilowever, there is insufficient evidcnce to show tllat she was so immature or couldn't  tell right from wrong. 
The Board opined the applicant was oldcr than thc vast majority of first-tcrm lnernbcrs who properly adhere 
to the Air Force standards of conduct.  The DIiB co~lcluded that tlic characterization ofthc applicant's 
discharge was appropriate duc to the misconduct. 

Issue 6.  Applicant requests that the reason  (minor disciplinary infractions) for her discharge be changed to 
"Secretarial  Authority."  Applicant concludes that she sl~ould not bc labeled with "minor  disciplinary 
infractions."  The DRB opined that the reason for discharge was minor disciplinary infractions which is in 
accordance with AFI 36-3208, paragraph  5.49, Misconducl, and includes individuals who fail "to  comply 
with nonpunitive regulations or minor offenses under the UCMJ.  Infractions of this type result, as a rule in 
informal (reduced to writing) or formal counscling, letters of reprimand, or Article  15, nonjudicial 
punishments." 
Secretarial Authority would only be appropriate when discharge would servc the best interests of the Air 
Force and a discharge for cause is not warranted.  'I'he Board concluded the reason for the discharge receivcd 
by the applicant was found to be appropriate. 

'This definition precisely describes the applicant's pattern of misconduct.  A discharge under 

CONCLUSIONS:  The  Discliarge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation,  was  within  tlic  discretion  of  the 
discharge authority, and that the applicant was providcd  rull adininistrative due process. 

In view of the foregoing findings, the Board further concludes that therc 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 AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Eglin AFB, FL on 25 Nov 
02 UP AFI 36-3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Jul 81.  Enlmt Age:  18 11/12.  Disch Age: 21 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-50,  G-42,  M-26.  PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 29 Dec 00. 

b.  Prior Sv:  (1) AFRes 22 Jun 00 -  05 Sep 00  (2 months  14 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 6 Sep 00 for 4 years. Svd: 02 Yrs 02 Mo 20 Das, all AMS. 

b.  Grade Status:  AB -  11 Oct 02  (Vacation of Suspension, 28 Oct 02) 

Arnn  -  11 Oct 02  (Article 15, 11 Oct 02) 
A1C -  06 Jan 02 
Amn  -  06 Mar 01 

c.  Time Lost:  None. 

d.  Art  15's: 

(1) 28 Oct 02, Vacation, Eglin AFB, FL -  Article 92.  You, 

who knew of your duties, on or about 16 Oct 02, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from allowing another 
individual to use your military identification card to 
obtain services from the dining facility, as it was your 
duty to do.  Reduction to AB.  (No appeal) 
(No mitigation) 

(2) 11 Oct 02, Eglin AFB, FL -  Article  92.  You, who knew 

of your duties, on divers occasions between on or about 
3 Jun 02 and 26 Aug 02, were derelict in the performance 
of those duties in that you willfully failed to refrain 
from using the government telephone to place long 
distance calls, as it was your duty to do.  Reduction to 
AB, with reduction below Arnn  suspended.  Restriction to 
the limits of Eglin AFB, FL(as marked by East, West, ACC 
and Hospital gates) for 21 days and a reprimand, 
(No appeal)  (No mitigation) 

e.  Additional: LOR/UIF, 30 AUG  02 -  Disrespectful, argumentative and 

failed to follow the orders of an NCO 

LOR, 30 AUG  02 -  Making a false statement. 
RIC, 18 APR  02 -  Late for work. 

in the performance of his duties. 

f.  CM:  None. 

g.  Record of SV: 6 Sep 00 -  5  May 02  Eglin AFB  4  (Initial) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (05) Mos  (04) Das 
TAMS:  (02) Yrs  (02) Mos  (20) Das 

4 .   BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 19 Jan 07. 

(Change Discharge to Honorable.) 

Issue 1:  Discharge was based on minor disciplinary actions during last 

couple of months of 26 months time in service.  Also, I believe that the actions 
were due to having an inexperienced supervisor. 

Issue 2:  Additional issues attached. 

ATCH 
1.  Applicant's issues. 
2.  Four character references. 

Board for Corrections of Air Force Records 
S AFiMRBR 
550-C Street West, Suite 40 
Randolph AFB, TX 78 150-4742 

January 19,2007 

To Whom It May Concern: 

I was in the US Air Force for 26 months and was discharged.  While active-duty, I 
learned many things such as: character, discipline, patience and perseverance.  As a result 
of being discharged with a general under honorable characterization, it has affected my 
eligibility for education benefits.  I will like to have the discharge upgraded to honorable; 
and I believe that this is merit able because of my overall conduct, character, and 
intentions at each assignment and post service conduct. 

I enlisted in the Air Force with intentions to acquire a degree and become an officer.  In 
2001, while assigned to 96 MSS, I began to chart the profless of my dream.  Although I 
experienced a change of lifestyle, I felt that I was a part of a well-rounded team and was 
eager to learn.  As a result, I became involved with community development, family 
support and team morale by volunteering to: lead various fundraisers, undertake 
additional duties and go "above and beyond".  My military appearance and living area 
was extremely 'sharp. For instance, I received rewards for earning "Room of the Month" a 
couple of times and was hand picked out of  15 other airmen to participate in a change of 
command ceremony. In an effort to maintain a safe working environment after the tragic 
September 11 attacks, I volunteered to be the frrst to control the entrance that led to 100% 
accountability of all personnel and visitors.  I helped organize and build "Unity Park", a 
children's park, located on Eglin Air Force Base.  My superiors received over 26 e-mails 
complimenting my customer service and I scored and 89 on my first volume of CDC's. 
Unfortunately, in November of 2001, my job, Awards and Decorations, was contracted to 
civilians.  As a result, I was reassigned to 40 FTSIOrderly Room.  Upon leaving, I 
received special recognition for my exceptional duty performance and outstanding 
contributions. 

Upon arriving to 40 FTS, I learned that my supervisor graduated from airman leadership 
school a couple of weeks before I arrived.  Initially, I was excited and thought that the 
change will help me continue to flourish and learn. However, I witnessed her smess about 
immediately receiving a troop, she outwardly spoke of her feelings for the superiors and 

her objective to leave the squadron.  In spite of this, I remained focus on my dream and 
through recognition from my peers; I was elected vice-president of the Unit Advisory 
Council.  Once again, I received e-mails complimenting my customer service and I 
received special recognition from the base commander's wife for having a "show place 
room".  I restructured in and out-processing checklists in order to reduce processing time 
by one day, I continued to volunteer for additional duties: participated in the base flag 
retreat twice, processed over 40 income-tax returns for military members and family, 
volunteered to deploy to support Operation Enduring Freedom and assisted during 
commander calls1 promotion ceremonies, Also, I completed my second volume of CDC's 
seven months ahead of schedule, scored an 88 and was able to start college earlier than 
planned.  Then, I began to feel tension and receive sarcastic comments from my 
supervisor.  In search for a resolution; Initially, I went to my chain of command. Then, I 
tried to change assignments. None availed.  Soon, I began to receive write-ups for minor 
disciplinary infractions and became frustrated.  As a result of my actions, I was 
discharged. While being discharged, I learned that my supervisor got the change of 
assignment that she wanted 

As you will see, I am a very positive person. Since my discharge, I am free of any arrests, 
convictions and have worked at the same business for the past three years. I firmly 
believe that if I was in a different environment or was more mature during that time, I 
would still be in the Air Force.  Even though I feel that everything that happened wasn't 
my fault, I understand and learned from it.  I am responsible for my actions and I regret 
mistakes I made which affccted my career. 
achievements, and accomplishments whlle in the Air Force.  I also hope that it will be in 
best interests for you to upgrade my discharge to honorable.  If you need additional 
information, feel ftee to contact me, Thank you for your time and consideration. 

I hope that you will see my objective, 

DEPARTMENT OF THE AIR FORCE 
40"  FIGHTER TEST SQUADRON (ACC) 

EGLlN AIR FORCE BASE. FLORIDA 

MEMORANDUM FOR AB! 

-. .-.-. .. .-. .. .-.-. -- --- -- ----- ----- -- - - - $  

: 40 FTS (AFMC) 

FROM:  40 FTS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically minor disciplinary infiactions.  The authority for this action is AFPD 36-32 
and AFI 36-3208, paragraph 5.49.  If my recommendation is approved, your service will be 
characterized as honorable, general, or under other than honorable conditions.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

a.  Between on or about 3 June 2002 and 26 August 2002, you failed to refrain fxom using the 

g o v e k e n t  telephone to place personal long distance calls.  For this offense, you received 
nonjudicial punishment, dated 11 October 2002. 

b.  On or about 16 October 2002, you failed to refrain from allowing another individual to 

use your military identification card to obtain services fiom the dining facility.  For this offense, 
you received a vacation of suspended nonjudicial punishment, dated 28 October 2002. 

c.  On or about 12 August 2002, you were disrespectful, argumentative, and failed to follow 
the orders of an NCO in the performance of his duties.  Furthermore, TSgt Montgomery asked 
you to leave the dining hall because you were not in compliance with the dress code.  You also 
refused to show your identification card.  In addition, you were disrespectful while performing 
your duties in the Commanders' Support Staff by hanging up the phone on a customer.  For these 
offenses, you received a letter of reprimand, dated 30 August 2002. 

d.  On or about 28 August 2002, you disobeyed a lawful order not leave work early.  You also 

made a false statement to MSgt Teeter that you were given permission by SSgt Beard to leave early 
knowing it was false.  For these offenses, you received a letter of reprimand, dated 30 August 2002. 

e.  On or about 17 April 2002, you failed to report to duty on time.  For this offense you 

received a record of individual counseling, dated 18 April 2002. 

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.  Special pay, 
bonuses, or education assistance funds may be subject to recoupment. 

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 Capk ---------------, 
on  13 M V a t  
hours.  You may consult civilian counsel at your own expense. 

I - - - - - - - - - - - - - - - -  : at building 45 1, 882-4 185, 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today 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 on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for an ap  ointment with the 96th Mission Support Squadron, 
separations section, on 

/YNO LI 0 f at O B  0  hours. 

8.  Immediately after completion of your 96'h Mission Support Squadron briefing report to the 
96th Traffic Management Office with a completed AFDTC Form 4134 or LG'IT Office Form 
to schedule your TMO pickup,  If 
B 133 and an Authorization Letter 
you have a TMO pickup it must 

9.  You will corn  lete a medical examination with the 96th Medical Group, physical examination 

section on j5 db~ 01 at 0715 hours 

10.  You are required to receive a briefing from the Family Support Center prior to your 
separation.  You were scheduled to receive your Transition Assistance Management Program 
(TAMP) briefing on  I q  Od 0 X- 

at  0 f)SO 

hours. 

1 1.  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 your unit orderly room. 

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

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

Commander 

Attachments: 
1.  Supporting Documents 
2.  Aiman's Acknowledgment 

DEPARTMENT OF THE AIR  FORCE 
4oTH FIGHTER TEST SQUADRON (ACC) 

EGLlN AIR  FORCE BASE, FLORIDA 

MEMORANDUM FOR 96 ABWICC 

FROM:  AACIJA 

SUBJECT:  Legal Review, AFI 36-3208 Administrative Discharge, ABi 

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

r...............' 

: 40 FTS (AFMC) 

.................... 
. - - - - - - - - - - - - - - - - - - mi 

1.  LEGAL SUFFICIENCY: I reviewed the attached discharge package concerning 
AB Tianna D. White and find it legally sufficient to support an administrative discharge action 
for minor disciplinary infractions under AFI 36-3208, parab~aph 5.49. 

2.  INITIATION OF ACTION: On 12 November 2002, Lt Cot ........................  1 40 
FTSICC, notified the rcspondent he was recommending the respondent be administratively 
dischargcd for minor disciplinary infractions under AFI 36-3208, paragraph 5.49.  Lt Col 
.-------------- 

:recommends the respondent receive a general discharge without probation and 
rehabilitation (P&R).  The respondent is not entitled to an administrative discharge board. 

- - - - - - - - - - - - - - a  

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

---------- 

3.  EVIDENCE CONSIDERED FOR THE GOVERNMENT: ABL- --- -- --- ! history of 
misconduct include the following offenses: making personal long distance calls on a government 
phone; allowing another individual to use her ID card to obtain services from the dining hall; 
failing to follow orders of an NCO in the performance of his duties; refusing to show her ID 
card; disrespectful while perfonning duties in the Commander's Support Staff by hanging up on 
a customer; leaving work without authority; making a false statement to MSgt! 
had permission to leave early; and failing to report to duty on time.  For these 6~eiii;s, the 
respondent received nonjudicial punishment, vacation of suspended nonjudicial punishment, two 
letters of reprimand, and a record of individual counseling.  Copies of the supporting documents 
are attached to the notification memorandum (Tab 1). 

:that she 

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4.  RESPONDENT'S SCTBMISSION: The respondent is a 22 year-old  Personnel Apprentice 
who cnlisted in the Air Force on 6 September 2000.  She was assigned to her current unit on 
29 December 2000.  After being advised of her rights to counsel and to submit statements, the 
respondent consulted with counsel und submitted a statement for your consideration.  The 
rcspondent has no desire to remain in the Air Force and request that you characterize her service 
as honorable (Tab 2 & 3). 

5.  DISCUSSION: 

a.  Separution Criteria: This file is legally sut'ficient to support discharge pursuant to 

AFPD 36-32 and AFI 36-3208, paragraph 5.49.  Pursuant to this paragraph, an airman may be 
administratively discharged if he has engaged in misconduct consisting solely of minor disciplinary 
infiactions.  Minor disciplinary infiactions would include failure to comply with nonpunitive 
regulations or minor offenses under the UCMJ and usually results in letters of counseling, letters of 

reprimand, or nonjudicial punishments.  In this case, the respondent engaged in instances of minor 
o f h s e s  under the UCMJ as stated in paragraph 3 above. 

b.  Character ofDischarge: Discharge under paragraph 5.49 can be described as under other 
than honorable conditions (UOTHC), general, or honorable.  A UOTHC discharge is appropriate 
when there has been a pattern of behavior or one or more acts or omissions that constitute a 
significant departure from the conduct expected of airmen.  A general discharge is warranted 
when an airman's service has been honest and faithful, but significant negative aspects of the 
airman's performance of duty outweigh positive aspects of the airman's military record.  An 
honorable discharge would be appropriate when the member's service has been so meritorious that 
any other characteri~ation would be clearly inappropriate.  Based on the respondent's repeated acts 
of misconduct, an honorable discharge is not appropriate. Therefore, I recommend the respondent 
be separated with a general discharge. 

c.  Probation & Rehabilitation (P&R):  Respondent is eligible for P&R under AFI 36-3208, 

chapter 7.  P&R  is limited to deserving cases, including those where the airman has demonstrated a 
potential to serve satisfactorily, has thc capacity to be rehabilitated for continued military service or 
for completion of the current enlistment, or whose retention on active duty in a probationary status 
is consistent with the maintenance of good order and discipline in the Air Force.  Past rehabilitative 
efforts, as sct forth in paragraph 3, have been unsuccessful.  Consequently, P&R is not 
recommended in this case. 

6.  OPTIONS:  As the Special Court-Martial Convening Authority in this case, you have the 
following options: 

a.  Disapprove the discharge action and retain the respondent; 

b.  Approve the discharge action and separate the respondent with a general discharge, with 

or without P&R; 

c.  Return the file to the unit with a recommendation to reinitiate the case with a recommendation 

for a UOTHC discharge; or 

d.  Forward the discharge package to the General Court-Martial Convening Authority, along 
with your recommendation hat the respondent receive an honorable discharge, with or without 
P&R. 

7.  RECOMMENDATION:  For the reasons set forth above, I recommend the respondent be 
discharged from the United States Air Force under AFPD 36-32 and AFl36-3208, paragraph 5.49, 
with a general discharge, without P&R. 

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Attachment: 
Case File (Whitc) 

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Deputy Staff Judge Advocate 

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