AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

 

TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW

#| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HON GEN UOTHC OTHER DENY |
X*+
X*+
X*+
X*+
X*+
ISSUES A94,53 INDEX NUMBER A67.30
1 {ORDER APPOINTING THE BOARD L
2 {APPLICATION FOR REVIEW OF DISCHARGE _
3_|LETTER OF NOTIFICATION _
4 |BRIEF OF PERSONNEL FILE a
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
_
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
21 Jan 2011 FD-2009-00404

 

 

 

SSUE

  

Case heard in Washington, D.C.

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 \otes will be made available to the applicant at the applicant’s request.

* Authority and Reason
+RE Code

 
    

 

SAP UIRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: ne epee rae AIR FORCE DISCHARGE REVIEW BOARD

Ss STREET WEST. SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RAC HOLPEH AFB, PN 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00404

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
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, change of reason and authority for discharge,
and change of reenlistment code.

ISSUE: Applicant received a General discharge for Commission of a Serious Offense-Other Serious
Offense

Applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant does
submit she has learned from her mistake and moved on. The record indicates the applicant received one
Article 15. Her misconduct included misuse of her Government Travel Card and with intent to deceive
submitted false pay documents for relocation reimbursement. The Board recognized the fact that the
applicant had served seven years and five months total service before the discharge was initiated, but
concluded the applicant’s misconduct outweighed the positive aspects of her time in the Air Force. The
characterization of the discharge received by the applicant was found to be appropriate.

The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted

that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on July 31, 2000)
that she understood she must receive an Honorable discharge to receive future educational entitlements. The
Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a
matter of inequity or impropriety which would warrant an upgrade.

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.

Attachment:
Examiner's Brief
OMB No. 0704-0004
OMB approval expires
Oct 37,2009 ~

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
ease read instructions on Pages 3 and 4 BEFORE completing this application.)

   
   
 

     

    

this collection formation i$ 6

S per response, jewing
mal tubing tye dats needed und complaig and revnug Bio coSecdon ol Hienramen: Sarat aiciote regain wos beconvasie aioe oe CH sags oh hie cohecdon of haxnaticne Wis
OO eres ene te eomment of Dene Executive Services Directorate (0704-0004). ‘Resriohdlerts sricthd ba nears thal nolsAthasencing any offer previaiorvot av, no
valid OMB control number. PLEASE DO NOT RETURN YOUR FORM

L shall be any penaity for falling to comply with a collection of information If It does not a currently
foTH THE ABO ORGANIZATION, RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

    
  

      
     
 
 

       
 
 
 

AUTHORITY: 10 U.S.C. 1553; E.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change 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.

= BRANCH OF Senvice ere) [Tamm | [waRneconrs [~[waw | X[amronce | [eoasr evan

b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

     
  
 
 
  
 

  
   
  

 

     
    

 
 
  
  
  

. notification of t any change in address.)

 
   
   
 

   
 
    
 
   
  

4. DISCHARGE CHARACTERIZATION RECEIVED (Xone)j 5. BOARD ACTION REQUESTED Xo one)
RO age) pe | [woNorasie =i GRANGE TO HONORABLE
[| GENERALIUNDER HONORABLE CONDITIONS| ~ | GHANGE TO GENERAL/INDER
yen CONDITIONS

___ 20080214 [UNDER OTHER THAN HONORABLE CONDITIONS | ORS RRA TERED
3. UNIT AND LOCATION AT DISCHARGE | BAD CONDUCT (Special court-martiat only) mie applicable Or ES)

OR SEPARATION

2 DATE OF DISCHARGE OR SEPARATION
{YYYYMMDD) zoee is more than 15 years

 

  
  

    

  
 

‘6. ISSUE : WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE come =e in item 13, See instructions on

I would # like to have the ability to use my continued VA educational benefits to further my education with financial assistance. I
made one mistake throughout my entire career and at the time, I felt it was best to just get everything over with. Specifically asking
would I be able to use my VA benefits, I was told by my ADC representative as long as I've completed one full service contract.

 
 
   
 

  
     
    

 

7. (X if applicable) ) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

a N "SUPPOR ' OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
‘If military documents or medical records are relevant to your case, please send copies, )

  
    
  

    

Enlisted Performance Reports

Awards
Civilian Performance Report

9. TYPE OF REVIEW REQUESTED (x one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD. ;
| 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.
| AND/OR (counse/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GO' RNMENT BEFORE A TRA
(NOTE: The Navy, Discharge Review peat does not have a traveling panel.)

(enter city and state)

    
    
   
  
       

  
 
 
 
 
  
 

 
  

 
  
 

    
 

. g (Last, First, Middle Initial) A
(See Item 10 of the instructions about counsel/representative.)

     
    

41. APPLICANT MUST SIGN IN ITEM 12.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.

|| spouse[ | wipow | |wiwower [| NExTOFKIN[ ]LEGALREPRESENTATIVE| | OTHER (Specify)
CASE NUMBER

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the (Do not write in this space. )

penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)
FD~74009- 0044
Page 1 of 4 Pages

b. DATE SIGNED - REQUIRED
FormFi dobe Designer 7.0

    
  
  
 
  
  

  
 
     
   
  

   
  
 
    

a. SIGNATURE - REQUIRED (Applicant or person in Item 11 above)

  
 
  
 

{YYYYMMDD)
~ 20090702

PREVIOUS EDITION IS OBSOLETE.

 
  

      

DD FORM 293, NOV 2006
. | All responses applicable to this application beyond January 2010, please send that information to my home of record address:

_| My family and I are due to leave Alaska in January 2010.

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.
| NAVY AND MARINE CORPS

  
     

 
 

 
 
 

7 13. CONTINUATION OF ITEM 6, ISSUES (if applicable) .
T could use my education benefits. Upon discharge, I applied for continued use of my MGI bill and was then advised by the VA

representative that no I was not eligible because of my "general" discharge. She further went to explain that if I there was a break in’
| service time from my first enlistment and second enlistment, then I would qualify.

 
       
 

  

During the time of my separation, I received numerous character statements that were filed with case stating that I shouldn't be

| discharged. During my service time, I had no administrative actions, not even a simple LOC. I gave 110% in.everything J did and

] was.most excellent at being a team player and encourager to my coworkers. I do not claim to be perfect, as I stated yes making the
one mistake unfortunately ended my service commitment ahead of schedule. Learning from that mistake and moved on, I now am a

Federal Civil Service employee for the Department of Army at Fort Wainwright, Alaska. My spouse is active duty Army and my

| family life in general is blessed. I am only seeking the ability further financially support my desired education goals in completing

my degree.

 
   
     
      
  

15. REMARKS (if applicable)

  
   
 

Thank you,

    

ARMY

Army Review. Boards Agency
Support Division, St. Louis
9700 Page Avenue

St. Louis, MO 63132-5200

(See http://arba.army.pentagon.mil)

 

       
  

 
   
  
  

  
   
  

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

 

AIR FORCE

Air Force Review Boards Agency
SAF/MRBR

550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

   
  
 
  

 
   
  
 

 

 

Page 2 of 4 Pages

DD FORM 293, NOV 2006
ne DEPARTMENT OF THE AIR FORCE
- . AIR FORCE DISCHARGE REVIEW BOARD
. ANDREWS AFB, MD

NAME (Last, First, Ml): DOCKET # COMPONENT:
FD-2009-00404 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: | APPEALS FOR: UPGRADE DISCHARGE

GENERAL EIELSON AFB, AK 13 FEB 08

DOB/ ENLMT AGE: DISCH AGE: : HGH: B. CURRENT DOR: C. TIME LOST:

Recscare: canes

16 SEP 80 19 27 SSGT 06 NOV 07 NONE

AFSC: 10751 - AIRFIELD MANAGEMENT DEP DT: , ASVAB SCORES: A: 50 E:50 G: 38 M: 23
‘ .16 MAY 00 ‘ ,

D. ART 157 VAC: | D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 NONE _ | GCM: NONE NONE

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :

20 MAR 05 - 19 MAR 06 EDWARD AFB 5 (ANNUAL)

20 MAR 06 - 19 MAR 07 EIELSON AFB 5 (ANNUAL)

20 MAR 07 - 18 DEC 07 EIELSON AFB 1 (DBHQ) REFERRAL

G. AWARDS & DECS: AFCM, AFAM, AFOUA wi30LC, AFGCM, NDSM, ICM, GWOTSM, AFESR wIGB, AFLSR,

USAFNCOPMEGR, AFTR

[EAD: 19 JUL 00 | DAS: 11 APR 06 H. TMS: 7 YRS 8 MOS 29 DAS TAMS: 7 YRS 6 MOS 25 DAS

——

 

 

 

 

APPLN (DD FORM 293) DTD: | DT/ INITIALS: NPAIPA: NPA BOARD REGION:
02 JUL 09 20 JUL 10

RECORDS : | MPRINO ARMS: YES | STR: YES ISSUES: YES ATTACHMENTS: YES

 

 

‘(AUTH FOR DISCHARGE : AFI 36-3208, PARA, 5.52.3 (COMMISSION OF A SERIOUS OFFENSE: OTHER SERIOUS OFFENSE)

 

ART 15, VAC; SCM; SPMC; GCM; ADDITIONAL:

ART 15: 06 NOV.07 - (ART 92) MISUSE GTC. :
(ART 132) WITH INTENT TO DECIEVE SUBMITTED FALSE PAY DOCUMENTS FOR

RELOCATION REIMBURSMENT .

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

   
    

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.)

‘The public reporting burden for this colleciion of information Ts estimated fo average Su minutes per response, Including the me for reviewing insirucugns, searching existing data sources, gathering
maintaining the data needed, and completing and reviewing the collection of information. Sand comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for raducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person: shall be subject to any penalty for failing to comply with a collection of information if It does not display a valid OMB contro! number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

      

    

    

   

         
 
  
 

 
  
 
 

 

    
   
 

AUTHORITY: 10 U.S.C. 1553; E.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change 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.

[a BRANCH OF SERVICE one) | [ARMY] [WARWECORPS | [naw | X[AIRFORGE | [COASTGUARD

b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE d,. SOCIAL SECURITY NUMBER
: B4/SrA

}. CURRENT MAI ING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward
- notification of any change in address.)

 
     
 
 
 

  
  
  

     
  
 

    

    
 
 

2. DATE OF DISCHARGE OR SEPARATION
(YYYYMMDD) (if date is more than 15 years

ago, submit a DD Form 149)
20080214

3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION

    

     
      
 
  

    
   
  
 

  

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)
1A Al LTA he cA } =, e + »,

‘6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13, See instructions on
Page 3.
I would iike to have the ability to use my continued VA educational benefits to further my education with financial assistance. I
made one mistake throughout my entire career and at the time, I felt it was best to just get everything over with. Specifically asking
would I be able to use my VA benefits, I was told by my ADC representative as long as I've completed one full service contract.
7. (Xifapplicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD
ye AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8..1N SUPPOR OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
lf military documents or medical records are relevant to your case, please send copies.)

      
 
 
  
     
  
  
  

  
  
  

 

   
  

    

Enlisted Performance Reports

Awards
Civilian Performance Report

    
 
 

 

9. TYPE-OF REVIEW REQUESTED (x one)
ONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

x SUBMITTED BY ME. I AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD. _
t 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.

      
 
    
 

 
  

le g (if any} NA (Last, First, Middle initial) P
(See Item 10 of the instructions about counsel/representative.)

    
 
  
  
 

Pr ee
d. FAX NUMBER {Include Area Code

41. APPLICANT MUST SIGN IN ITEM 42.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.

|] spouse [~ | wipow [ |wipoweR [| NEXTOFKIN[ | LEGAL REPRESENTATIVE |__| OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20090702
PREVIOUS EDITION IS OBSOLETE.

 
  
     
   
   
  

 
    
   
  
   
 

CASE NUMBER
(Do not write in this space.)

FD-009- 00404

Page 1 of 4 Pages
FormFlow/Adobe Dasigner 7.0

    
 
    

a. SIGNATURE - REQUIRED (Applicant or person in ltem 11 above)

 
    
 

 

 

  

\DD FORM 293, NOV 2006
13. CONTINUATION OF ITEM 6, ISSUES (/f applicable)
I could use my education benefits, Upon discharge, I applied for continued use of my MGI bill and was then advised by the VA

representative that no I was not eligible because of my "general" discharge. She further went to explain that if] there was a break in.
service time from my first enlistment and second enlistment, then I would qualify.

 
     
  

  

During the time of my separation, I received numerous character statements that were filed with case stating that I shouldn't be

discharged. During my service time, I had no administrative actions, not even a simple LOC. I gave 110% in everything I did and

| was most excellent at being a team player and encourager to my coworkers. I do not claim to be perfect, as I stated yes making the
one mistake unfortunately ended my service commitment ahead of. schedule. Learning from that mistake and moved on, I now am a

Federal Civil Service employee for the Department of Army at Fort Wainwright, Alaska. My spouse is active duty Army and my

{ family life in general is blessed. I am only seeking the ability further financially support my desired education goals in completing

 
   
     
    
    

15. REMARKS (ff applicable)
All responses applicable to this application beyond January 2010, please send that information to my home of record address:

  
   
  

My family and I are due to leave Alaska in January 2010.

   

Thank you,

   

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

   
   
   
 

   
  
   

  
   
  
  

Naval Council of Personnel Boards
720 Kennon Street, S.E.

Room 309 (NDRB)
Washington Navy Yard, DC 20374-5023

Army Review-Boards Agency
Support Division, St. Louis
9700 Page Avenue

St. Louis, MO 63132-5200

(See hitp://arba.army.pentagon.mil)

   

    
 
   
  
 

COAST GUARD

U.S. Coast Guard
Commandant (CG-122)

2100 Second Street, S.W. Room 5500
Washington, DC 20593

 

AIR FORCE

Ait Force Review Boards Agency
SAF/MRBR

550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

  
  
  
  
  
   

  
     

Page 2 of 4 Pages

DD FORM 293, NOV 2006
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

Sax 0

MEMORANDUM FOR SRA
FROM: 354 OSS/CC
SUBJECT: Notification Memorandum—Board Hearing

1. ‘I am recommending your discharge from the United States Air Force for Commission of a
Serious Offense. The authority for this action is AFPD 36-32, Military Retirements and
Separations, and AF! 36-3208, Administrative Separation of Airmen, paragraph 5.52.3. Copies
of the documents to be forwarded to the separation authority to support this recommendation are
attached.

2. My reason for this action is:

_ On 18 Apr 06, you made a fraudulent claim for COLA against the United States in the
amount of $2,043.85. On 18 Apr 06 and 21 Apr 06, you made a fraudulent claim for travel
entitlements against the United States in the amount of $1,152.13. Between 13 Apr 06 and
19 Apr 06, you made a fraudulent claim for TLA against the United States in the amount of
$365.35. Between 16 Jun 07 and 17 Aug 07, you were derelict in the performance of your duties
by willfully failing to refrain from using your Government issued travel card for official purposes
only. For these acts of misconduct, you received nonjudicial punishment via Atticle 15, UCMJ,

dated 6 Nov 07 (Tab 4, Atch 1).

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. This action could result in your separation with an Honorable

Discharge, Under Honorable Conditions (General). Discharge, or Under Other Than Honorable
Conditions (UOTHC) Discharge, and I am recommending that you receive an Under Honorable
Conditions (General) Discharge. The commander exercising special court-martial jurisdiction or
a higher authority will make the final decision in this matter. If yow-are discharged you will be
ineligible for reenlistment in the United States Air Force, and will probably be denied future

- enlistment m any component of the armed forces.

4. You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative discharge board.

c. Submit statements in your behalf in addition to, or in lieu of, the board hearing.
d. ‘Be represented before the board by the ADC assigned to this installation or military
counsel of your choice (if the counsel of choice is reasonably available) but not by both.

e. Waive any of the above rights.

5. You have been scheduled for a medical examination. You must report to 354th Medical
Group, 2630 Central Ave on_//a- GR ,at_1St hours for the examination. The
examination is for your potential adntinistrative discharge.

6. 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 the Area Defense Counsel at building 2610, room
160, on _//caw Of ,at_/ 2¢ ____ hours. Instead of the appointed counsel, you may have
another, ifthe 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 componént does not pay
expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be
readily available. ,

7. Confer with your counsel and reply, in writing, within 7 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
will constitute a waiver of the rights listed in paragraph 4 above... .

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 at your Area Defense Counsel's office.

- 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. Ifyou 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.

11. Execute the attached acknowledgment and return it to me immediately.
| _/

Commander

Attachment:
1. Article 15, dated 6 Nov 07 (4 pgs)
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

“
S

MEMORANDUM FOR 354 FWICC | ;
; — JAN 2 3 2008

FROM: 354 FW/JA

SUBJECT: Legal Review of Conditional Board Waiver —.
OSS, PACAF

1. Lt Col 354 OSS/CC, has recommended that SrA be involuntarily
separated withan Under Honorable Conditions (General) service characterization pursuant to

_ AFI 36-3208, Administrative Separation of Airmen, paragraph 5.52.3, Conimission of Serious ©
” Offense. [have reviewed the discharge package and find it legally sufficient to support the

proposed. action.

 

2. FACTS: SrA is a 27 year old married female with seven years of military service.
The events providing the basis for her discharge are that she filed three fraudulent claims against,
the government totaling $3,561.33 and wrongfully used her government travel card. For this ©
misconduct she was pumahed under Article’ 15, UCMYJ. :

s consulted counsel and submitted a conditional

waiver of her right tc to a : hearing before a discharge board, contingent on the receipt of no less than
an Under Honorable Conditions (General) service charactetization (Tab 6).

 

4. ANALYSIS: I have reviewed SrA lischarge package and all of her due process
rights have been satisfied. Lt Col 354 OSS/CC, initiated the discharge action against

SrA Augustus on 11 Jan 08. The Commander’s recommendation of an Under Honorable
Conditions (General) service characterization is appropriate in this case. SrA
misconduct indicates a severe lack of integrity; therefore, | concur with the commander’s
recommendation that Probation and Rehabilitation (P&R) is not appropriate in her case.

5. OPTIONS FOR THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY: As the
separation authority pursuant to AFI 36-3208, paragraph 5.56.1.1, you may: ‘

a. Retain SrA

b. Direct the case be reinitiated under another paragraph;

c. Reject SrA board waiver and direct that a board be convened to consider
the case;
d. Recommend Sr/ be separated with an Honorable or General discharge, with

or without P&R, and torward the case to the 11 AF/CC for action;

This communication is privileged as attorney work product and/or as.an attorney-client conimunication, or is subject to another privilege
recognized under law. Do not distribute, forward or retransmit without the prior approval of the Eielson AFB Legal Office.

:
tS i
7]
6. RECOMMENDATION: I recommend you sign the letter at Tab 1 recommending
SrA Augustus be discharged from the United States Air Force with a General discharge
characterization, pursuant to AFI 36-3208, paragraph 5.52.3, without the opportunity for PRR.

a

Deputy Staff Judge Advocate

Attachment:
SrA - ’ Discharge Package

This communication is privileged as attorney work product and/or as an attorney-cHent communication, or is subject to another privilege
recognized under law. Do not distribute, forward or retransmit without the prior approval of the Eielson AFB Legal Office.