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AF | DRB | CY2011 | FD-2009-00396
Original file (FD-2009-00396.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

ae e 2 me ais Geecme «

 

 

PERSONAL APPEARANCE Xx RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

TYPE GEN

 

   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

    

 

' HON GEN UOTHC OTHER DENY
x
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meres 4 {{ “INDEX NUMBER “ A67.90 i BN d
A93.01 1 |ORDER APPOINTING THE BOARD
A94.05 2 |APPLICATION FOR REVIEW OF DISCHARGE
3 {LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
06 Jan 2011 FD-2009-00396

 

 

   
  

   

    

APPLICANT'S ISSUE AND ‘THE BOA ECISION; TIONAL "DISCUSSED ON THE ATTACHED ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE, ss

Case heard in Washington, DC.
Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

 

 

 

 

    

10: VT] FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00396

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
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.

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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15, two Letters of Reprimand, two Records of Individual Counseling and four |
Memorandums for Record for misconduct. The misconduct included underage drinking, unauthorized male.
personnel in the dormitory overnight, extramarital affairs, two false statements to a Senior Non-
Commissioned Officer, and having marijuana fragments in her car. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change her negative behavior. The Board
concluded that the negative aspects of the applicant’s service outweighed the positive contributions she madé
in her Air Force career. The characterization of the discharge received by the applicant was found to be
appropriate.

Issue 2. After review of the record, the Board found no evidence to indicate that the applicant did not know
right from wrong or that in his three years of service was unaware of the Air Force policy of zero tolerance
to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive aspects
of the applicant’s performance and concluded that the discharge was appropriate.

Issue 3. Applicant contends she was targeted and that her First Sergeant was determined to get rid of her,
There was no evidence in the record or provided by applicant to substantiate this assertion. Therefore nd
impropriety or inequity was found during the records review.

Issue 4. Applicant infers that she should not be penalized indefinitely for mistakes she made when young,
The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is na
evidence she was immature. The Board opined the applicant was older than the vast majority of first-terny
members who properly adhere to the Air Force’s standards of conduct. The DRB concluded that the

characterization of the applicant’s discharge was appropriate due to the misconduct.

CONCLUSION: 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 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 and determines the discharge should remain unchanged. ;

Attachment:
Examiner's Brief
“APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL} Form Approved ————~~
_,.. ‘FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004 f
_ Please read instructions on Pages 3 and 4 BEFORE completing this application.) | = ——-|_- Expires Aug 31,2006 — ap

slnftecson Deut ines, Suite 1204, “Adingion, YA. 2
yoo Sg ea Coen me eaten ete as ot iy a corey oad OND coe a

Hibs PRIVACY ACT STATEMENT
UTHORITY:, 10 us s. c. 1553; E. QO. 9397.

RINCIPAL PURPOSE(S): To apply for i a changes in the characterization or reason for military discharge issued:to an. individual.
ROUTINE USE(S): 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 TYPE. INFORMATION.

ee NAVY b PJanronce | [coast Guan |

. NAME (Last. First. Middle Initial} yc. ERAN 3 DISCHARGE j 4 SOCIAL SECURITY NUMBER

2. DATE OF DISCHARGE OR SEPARATION 4. SaSCTTARGE CHR ACTERER Tn EGERTED mE BOARD ACTION REQUESTED (X ane}
3 (YYYYMMOD) (if date is more than 15 years || HONORABLE PS CHANGE TO HONORABLE
i
age rieoienie DO ham O22 f><] GENERAL/UNDER HONORABLE CONDITIONS ] CHANGE TO GENERAL ANDER
| HONORARLE Commmoms

20030929 = UNDER OTHER THAN HONORABLE CONDITIONS !

= UMIT AMD LOCATION AT DISCHARGE = BAD CONDUCT (Specie! court-martial only}

O82 SEPARATION

5 veer catty dencdegrgpd six year agp. I Sek eat tin woe dene wnjesthy and that was tagstiod. Bciag the young siqmon that T
Wad, Twas mot perfect; in fact, far from it I wish I could have been given another chance because the threat of me Jeaving the Air
see ren bd ac eek Uepchd ott Ue tahoe beetcea omit Tans a hand onkins So thors tedden Pokey

tive) WASH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERMIRENT BEFORE A TRAVELING PANEL CLOSEST TO
SNOTE ee eS ee eee

7 1. APPLICANT MUST SIGN IN.ITEM 13.a. BELOW. If the record in 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 print) and relationship by marking a box below.

4Z2_ CURRENT GAGLBIG ADDRESS OF APPLICANT Of PERSON ABOVE
SGarmeand notiiention ef any change in address. J

. CERTIFICATION. ‘make the foregoing statements, as part of my claim, with al
: F eeelans sn chocd hor willisily makiog 2 tlee stascment or clam (US Cade, Tile 18, Sectors 287
and 1001, provide thal an individual shall be fined under this tile or imprisoned not more than 5 years,
: both.)

kK SIGNATURE - REQUIRED {Applicant or ‘on in tem 11 above)
a lpph pers fi 7

20090611
74. CONTMUAIION OF 11EM 6, ISSUES Gf appiahe) a ear, 5 =
Sociology, aad Health Care. T also work fisll-time at a local bac. Mj days consi
F jsnlil dawn, whea Tm not working. [also want to’ ba %

i slaterng life experience that has sina made me wise

 

ARMY
_. .wAtmy Review Boards Agency
- Support Division, St Louis - : a
". Room 309 ee

(See http: Hata. = pentagon. sil) sod Washington | Mey, Yard, DC. 20374-5023 .

“Aik PORCE ” “COAST GUARD © =

ee

ote

Air Force Review Boards Agency _U.S. Coast Guard ,
SAF/MRBR Commandant (G WPM)

§50-C Street West, Suite 40 ; : 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 - | Washington, DC 20593

 

DD FORM 293, AUG 2003
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00396 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE
GENERAL HICKAM AFB, HI 29 SEP 03

 

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
04 AUG 82 - 49 21 AMN A1C 10 FEB 03 NONE

 

AFSC: 3E631 - OPERATIONS APPRENTICE DEP DT: ASVAB SCORES: A: 63 E: 43 G: 57 M: 41
10 AUG 01

 

D. ART 15 /VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ _| ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 LOR: 2 / RIC: 2 GCM: NONE MFR: 4

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
NONE

 

G. AWARDS & DECS: NDSM, AFOSLTR, AFTR

 

EAD: 03 JAN 02 | DAS: 16 MAY 02 H. TMS: 2 YRS 1 MOS 20 DAS TAMS: 1 YRS 8 MOS 27 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
11 JUN 09 15JUL10/JLL

 

RECORDS: | MPR:YES ARMS: NO STR: YES | ISSUES: YES ATTACHMENTS: NO
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.50.2 (PATTERN OF MISCONDUCT: CONDUCT PREJUDICIAL TO GOOD ORDER

AND DISCIPLINE)
ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

RIC: 30SEP02 - DIRECTED TO PREPARE FOR HOUSING INSPECTION, HOWEVER FAILED HOUSING

INSPECTION DUE TO LACK OF EFFORT. ,
RIC: 040CT02 - FAILURE TO REPORT ON TIME FOR DUTY & 1 HR LATE RETURNING FROM LUNCH.

MFR: 230CT02 - COUNSELED ON UNSATISFACTORY ROOM CONDTION & UNDERAGE DRINKING.

MFR: 18NOV02 - COUNSELED ON PDA WITH A MALE FRIEND WHO WAS MARRIED.

MFR: 07 JAN 03 - COUNSELED ON HAVING UNAUTHORIZED PERSONNEL IN DORM RM, & HOW
EXTRAMARITAL AFFAIRS ARE UNPROFESSIONAL.

MFR: 08 JAN.03  - DURING ROOM INSPECTION FOUND UNAUTHORIZED MAN IN ROOM.

ART 15: 05FEB03 - (ART 92) DISOBEYED A ORDER TO HALT & REFRAIN FROM UNDERAGE DRINKING.

(ART 107) WITH INTENT TO DECIEVE MADE 2 FALSE STATEMENT TO A SNCO.

LOR: 17MAR03 - WHILE STILL MARRIED, HAD A MAN LIVING IN HER DORM ROOM.

LOR: 23JUL03 - FOUND FRAGMENTS OF MARIJUANA IN YOUR CAR.

 

EXAMINER'S NOTE:

NOTES: ,

 

©SAF/MRBR V10709
"APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL = Form Approved
“-, FROM THE ARMED FORCES OF THE UNITED STATES 4 OMB No. 0704-0004
‘(Please read instructions Faia Pages 3 and 4 BEFORE completing this application.) Co _ Expires Aug 37, 2006

age PRIVACY ACT STATEMENT
UTHORITY: 10 U. s. c. 1553; E.O. 9397.

INCIPAL PURPOSE{S): To ape fora rchengess in the characterization. or reason for military discharge-issued:to an. individual.

‘: DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this apeilication. The request for
: Social Security Number is strictly to assure proper identification of the individual and appropriate records.

“> APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE —_— a ued INFORMATION. .

|@_BRANCH OF SERVICE (Xone) | [army | | marinecorps || [Navy [amrorce | [ooasrauano

ab. NAME (Last. First, Middle Initial) | c. GRADE/RANK AT ory | ¢- SOCIAL SECURITY NUMBER

= GENERALJUNDER HONORABLE CONDITIONS
20030929 | | UNDER OTHER THAN HONORABLE CONDITIONS
’ a (ET AND LOCATION AT DISCHARGE im BAD CONDUCT (Special court-martial only)

O8 SEPARATION ae UNCHARACTERIZED

ig ae aks cited dices Ee eee Gee eed ade eer eed Se ee Ge
Wand, 1 Was iol perfect; tn fact, far from it, I wish I could have been given another chance because the threat of me leaving the Aar
Spectre face chee fareheeehrsanspmieneniaah ag peer ter femmes: Arenrniantanrenipn rere ian

1c) WASH TO APPEAR AT A REARING AT NO EXPESSE TO THE GOVERMENT BEFORE A TRAVELING PANFL CLOSEST 10
, QNOTE: The Navy Discharge Review Boan! does nat ihave a traveling panel) 4
CO PRES! ae age ra Maa aie a a
"(See lave 10 af the instrsctions abet guMsEeprESeL e., i

1 1. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in 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 (priat) and relationship by nee a box below.

52SEC REO ADRESS OF REPLLERIT PERSON AVE
oe ar ~ Jeuin atidress.)

1a. CERTIICAROR.. i snake the feregoing statements, as part of my clan, with ill
pesaliies imvolwed for withilly making a false statement os claim. U.S. Code, Tile 18, Sections 287°

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