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AF | DRB | CY2011 | FD-2009-00415
Original file (FD-2009-00415.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
     
   

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
“ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES
xX
MEMBER SITTING HON GEN UOTHC OTHER DENY
xX
x
x
x
>
ISSUES A92.15 INDEX NUMBER A67.90 eee ee SL ES BUN
494.05 1 |ORDER APPOINTING THE BOARD
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-2009-00415

 

 

    
   

ONY DISCUSSED:ON

 

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

 

 

 

 

   

a ITT eee : = _ ; iF
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

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
CASE NUMBER

FD-2009-00415

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 two Articles 15, and two Letters of Reprimand for misconduct. The misconduct included
underage drinking, dereliction of duty, misuse of a government travel card, and failure to pay the resulting
debt. 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 made in her Air Force career. The characterization of the
discharge received by the applicant was found to be appropriate.

Issue 2. Applicant states that her discharge did not take into account the good things she did while in the
service. The DRB took note of the applicant's duty performance as documented by her performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

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 meme OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 37, 2009

lo average 30 minutes per response, Including the time for reviewing instructions, searching existing dala sources, gathenng and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other prevision 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 currently valid OMB control 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; £.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 (X one) ARMY MARINE CORPS NAVY | AIR FORCE COAST GUARD

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

@. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED INITEM 11 (Forward f PRONE NUMBER ‘include Area Code,

notification of any change in address.)

 

   
  

nciuae Area Code,

  
    
    

2. DATE OF DISCHARGE OR SEPARATION} 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) 5. BOARD ACTION REQUESTED (x one)
(YYYYMMDD) (If date is more than 15 years HONORABLE x] CHANGE TO HONORABLE

ago, submit a DD Form 149)
GENERALJUNDER HONORABLE CONDITIONS CHANGE TO GENERALIUNDER
HONORABLE CONDITIONS

 

    
   

   
      
    
  
  

      
   
  
 

 

x

 

    

 

   
 

 

20070727
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
}.3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special! court-martial only) (it applicable for Air Fore)
q NARRATIV

OR SEPARATION UNCHARACTERIZED

   

SEPARATION:

    

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
Page 3)
1 was discharge for financial reasons that were out of my control.
7.. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD) Lo O% O3\
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

] 8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in lem 14.
if military documents or medical records are relevant to your case, please send copies.)

Letter of Reprimand 20070604
AF Form 3070A 20070424

Airman's Statment
Notification of Discharge
Airman’s Statement

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. | ANDIOR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

1 ANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

WASHINGTON, D.C. METROPOLITAN AREA.

TAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE 10 THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and siate) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

OUNSEL/REPRESENTATIVE (if any) NAME (Last Firs:
(See Item 10 of the instructions about counsel/representative.)

    

 
      
  
       
    

YAWN =

 
  

  
      
 

 

 
   
   
  

  
  
 

 

 

      
 
    

 

10.a. t, Middle Initial) A

 

 

 

   

11. 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. °

 
    
  
       
  

CASE NUMBER

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the rian
(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.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

 
  

     
   

 

 

   

a. SIGNATURE - REQUIRED (Applicant,or person_in Item 11 above)

    
    

DE_LFORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (If applicable)
6. EPR 2005-2007

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

15. REMARKS (if applicable)
I hope you take in consideration that I have been a hard worker and have given my all to help with the re-opening of Keesler

Medical Center's Cardiopulmonary Department after Hurricane Katrina. I have help in re-opening four out of the five departments
that Cardiopulmonary Techs are responsible for. Other than my few indiscretions I have always tried to be a good Airman and help

| where help was needed.

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.

9700 Page Avenue Room 309 (NDRB)

St. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023
(See http://arba.army.pentagon.mil) asningron wey

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500

Randolph AFB, TX 78150-4742 Washington, DC 20593

 

 

DD FORM 293, NOV 2006 . Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD ee

AFDRB BRIEF

NAME (Last, First, Ml): SSN: DOCKET # COMPONENT:
FD-2009-00415 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE
GENERAL KEESLER AFB, MS 24 JUL 07

 

 

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
26 NOV 84 18 22 SRA SRA 15 DEC 05 NONE

 

 

AFSC: 4H051 - CARDIOPULMONARY LAB DEP DT: ASVAB SCORES: A: 65 E: 56 G: 62 M: 60
JOURNEYMAN 11 MAR 03

 

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

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
01 JUL 03 - 01 MAR 05 KEESLER AFB 4 (INITIAL)

02 MAR 05 - 01 MAR 06 KEESLER AFB 4 (ANNUAL)
02 MAR 06 - 01 MAR 07 KEESLER AFB 3 (ANNUAL)
G. AWARDS & DECS: AFTR, NDSM, AFOUA, GWOTSM

EAD: 01 JUL 03 DAS: 21 MAR 04 H. TMS: 4 YRS 4 MOS 14 DAS TAMS: 4 YRS 0 MOS 24 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
20 APR 09 22JUL10/JLL

 

 

 

RECORDS: | MPR:NO | ARMS: YES | STR: YES mi ISSUES: YES ATTACHMENTS: YES
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:

 

 

 

(1) ART 15: 24 MAY 05 - (ART 92) UNDERAGE DRINKING.
LOR: 15FEB07 - FAILED TO VALIDATE AND PROVIDE TDY ORDERS WHEN REQUESTED.

(2) ART 15:19 APRO7 - (ART 92) MISUSE GTC.
LOR: 04 JUN 07 - FAILURE TO PAY A JUST DEBT, NONPAYMENT OF GTC

 

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709
OMB No. 0704-0004-~-—~

   
  

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

@ public reporting burden for this collection of information is estimated to average 30 minutes per response, including the tme for reviewing instructions, searching existing data sources, gathenng and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing 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 shail be subject to any penaity for failing to comply with a collection of information if it does not display a currently 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 (Xone) | | ARMY | NAVY [ | AIR FORCE COAST GUARD
b. NAME (Last, First, Middle Initial) ¢. GRADEIRANK AT DISCHARGE _| d. SOCIAL SECURITY NUMBER
SrA

 
 
     
   
 

   
  
  
 
 

   
    

               

   

  
 

 

 
 

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED INITEM 11 (Forward
notification of any change in address.)

  
 
  
   
 

 

   
  
  
    

4. DISCHARGE CHARACTERIZATION RECEIVED (X one) 5. BOARD ACTION REQUESTED (X one)

HONORABLE . {| CHANGE TO HONORABLE
| GENERALUIUNDER HONORABLE CONDITIONS PONOESELE COMETIONO
UNDER OTHER THAN HONORABLE CONDITIONS HS

CHANGE TO UNCHARACTERIZED
BAD CONDUCT (Special court-martial only) (Not applicable for Air aoe)

UNCHARACTERIZED NARRATIV
SEPARATION:

   
 

2. DATE OF DISCHARGE OR SEPARATION

(YYYYMMDD) (If date is more than 15 years
ago, submit a DD Form 149}

20070727

].3. UNIT AND LOCATION AT DISCHARGE
| OR SEPARATION

 

  
    

   

 

   
  

   
 

 

     
    

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

Page 3.)
I was discharge for financial reasons that were out of my control.

    
  

 
   
  

7.. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMmubDD) ZO OF O31
’ AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

| 8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Hem 14.
If military documents or medical records are relevant to your case, please send copies.)

Letter of Reprimand 20070604
AF Form 3070A 20070424
Airman's Statment
Notification of Discharge
Airman's Statement
| 9. TYPE OF REVIEW REQUESTED (x one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
X | SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

TANDI/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.

TAND/OR (counsel/representative) 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 Review Board does not have a traveling panel.)

OUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle initial) AND ADDRE:
(See item 10 of the instructions about counsel/representative.)

    
       
    

wa WN o

  
  

 

  
     
   
   
 
   

  
 
  
  

 

 

  
 

10.a.

 
 
 

 

 

(include Area Code)

   

 

 

   

11. 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. °

     
  
   

 

 

   

 

NEXT OF KIN

    
 
 

CASE NUMBER
(Do not write in this space.)

 
 
 
 

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)

    
 

 

  

a. SIGNATURE - REQUIRED (Appilicant,or person in Item 11 above}

  

   

Laterunmw £70, NUV cUUD 1 REVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
: FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (/f applicable)
6. EPR 2005-2007

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

15. REMARKS (if applicable)
I hope you take in consideration that I have been a hard worker and have given my all to help with the re-opening of Keesler

Medical Center's Cardiopulmonary Department after Hurricane Katrina. I have help in re-opening four out of the five departments
| that Cardiopulmonary Techs are responsible for. Other than my few indiscretions I have always tried to be a good Airman and help
where help was needed.

 

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personne! Boards
Support Division, St. Louis 720 Kennon Street, S.E.
9700 Page Avenue Room 309 (NDRB)

St. Louis, MO 63132-5200 Washingt Yard, DC 20374-5023
(See http://arba.army.pentagon.mil) —_—

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard

SAF/MRBR Commandant (CG-122)

550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

 

 

DD FORM 293, NOV 2006 . Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE

81°" MEDICAL OPERATIONS SQUADRON
KEESLER AFB, MISSISSIPPI 39534

fe pee nee ee tk

MEMORANDUM FOR SRA

FROM: 81 MDOS/CC .

- SUBJECT: Notification Memorandum

1. Jam 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, chapter 5,
section H, paragraphs 5.50.2. If my recommendation is approved, your service will be
characterized as an Under Honorable Conditions (General) Discharge.

2. My reasons for this action are:

a. On 4 June 2007, you received a Letter of Reprimand after I previously received notification
from MSgt (81 MDOS GTC monitor) that your Government Travel Card payment
went 30 days overdue without payment. According to MSgt , you made a payment of
$307.15 on 20 March 2007. You also failed to pay the subsequent bill generated. on 22 March
2007, with a due date of 15 April 2007, also making it 30 days overdue. You finally paid off the
balance on 15 May 2007 from the statement generated on 22 April 2007 for a balance of $360.23.

(Atch 1, Appendix A w/atchs)

b. You, who knew of your duties at or near Biloxi, Mississippi, on divers occasions between on
or about 7 March 2007.and on or about 13 March 2007, were derelict in the performance of those
duties, in that, you willfully failed to refrain from using your Government Travel Card without
authorization. For this misconduct, on 19 April 2007, I imposed nonjudicial punishment upon you
consisting of a reduction to the grade of Airman First Class, suspended through 18 October 2007,
after which time it will be remitted without further action, unless sooner vacated, and 30 days of |

extra duties. (Atch 1, Appendix B w/atchs)

c. Onor about 13 December 2006, you indicated to MSgt -you had temporary
duty travel orders to the CSTARS training. After your arrival at the temporary duty location, MSgt
* was contacted by the temporary duty location staff that you did not have temporary duty travel

orders. When questioned about this, you informed your supervisor, SSgt. ', that you
did have temporary duty orders, and would fax the orders to him. However, you tatied to do So.
For your actions of misconduct, you received a Letter of Reprimand, dated 15 February 2007.

(Atch 1, Appendix C w/atchs)

d. You, who knew of your duties at or near Keesler Air Force Base, Mississippi, on or about
15 April 2005, were derelict in the performance of those duties in that you willfully failed to refrain
from consuming alcoholic beverages while under the legal age of 21, as it was your duty to do. For
your actions of misconduct, on 24 May 2005, you received nonjudicial punishment consisting of a
suspended reduction to the grade of Airman, until 23 November 2005, unless sooner vacated,
forfeiture of $617.00 pay, and 30 days of extra duties. (Atch 1, Appendix D)

 

eR get oe

Lay 275 200
‘of AFI 36-3208 is available for your use at h

co ©.

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 United States Air Force and, if you
are discharged, how your service will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be
subject to recoupment. The separation authority will make the findings and recommendations

required under 10 U.S.C. Section 2005(g).

‘3. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I

have made an syomment for you to consult the Area Defense Counsel, on

») Son 8 , at ASAP hours. The office is located in the Locker

House, Room 5703. The office telephone number i is 377-2429. You may consult civilian counsel
at your own expense.

4. You have the right to submit statements in your ye behalf. Angst statements you want the ©

separation authority to consider must reach me by_3,Su\ @7 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

5. 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.

6. You have been eae ed as a medical examination. You must report to the Family Practice
Clinic on at_O7 3 6 _ hours for the examination.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy
/www.¢-publishing.af.mil/pubfiles/af/36/afi36-

 

3208/afi36-3208.pdf or unit orderly room.
8. Execute the attached acknowledgment and return it to snshometiey

‘Attachments:

1. Supporting Documents
a. Letter of Reprimand, dated 4 Jun 07 w/atchs
b. AF Form 3070, dated 19 Apr 07 w/atchs
c. Letter of Reprimand,.dated 15 Feb 07 w/atchs
d. AF Form 3070, dated 24 May 05 w/atchs

2. Receipt of Notification Memorandum

3. Aixman’s Statement
DEPARTMENT OF THE AIR FORCE ©
AIR EDUCATION AND TRAINING COMMAND

ou 16 207

- MEMORANDUM FOR 81 TRW/CC

FROM: 81 TRW/JA

SUBJECT: Legal Review, Administrative Discharge — SrA
' 81 MDOS

oe ACTION : On3 July 2007, 81 MDOS/CC recommended that SrA (hereafter

referred to as “Respondent”) be administratively discharged from the United States Air Force fora
Pattern of Misconduct with an Under Honorable Conditions (General) Discharge characterization. .

The authority for this recommendation i is AFI 36-3208, chapter 5, section H, paragraph 5.50.2.
Under AFI 36-3208, chapter 6, paragraph 6.2.2., Respondent is not entitled to a board hearing.

2. MILITARY DATA OF THE RESPONDENT:

a. Date and term of enlistment: 1 July 2003 / 6 years; Date this period of continuous active duty
started: 1 July 2003; Pay-date: 1 July 2003; TAFMSD: 1 July 2003; Dates of prior service: None

b. Overall rating or ratings on enlisted performance reports: March 2007 — 3; March 2006 — 4;
March 2005 — 4.

- 3. EVIDENCE FOR THE GOVERNMENT:

a. On 4 June 2007, Respondent received a Letter of Reprimand after 81 MDOS/CC previously
received notification from MSet unit Government Travel Card (GTC) monitor, that
her GTC payment went 30 days overdue without payment. According to MSgt _ Respondent
made a payment of $307.15 on 20 March 2007. Respondent also failed to pay the subsequent bill
generated on 22 March 2007, with a due date of 15 April 2007, also making it 30 days overdue.
Respondent finally paid off the balance on 15 May. 2007 from the statement generated on

22 April 2007 for a balance of $360.23.

_ b. Respondent, who knew of her duties at or near Biloxi, Mississippi, on divers occasions
between on or about 7 March 2007 and on or about 13 March 2007, was derelict in the performance
of those duties, in that, she willfully failed to refrain from using her Government Travel Card
without authorization. On 19 April 2007, for Respondent’s misconduct, 81 MDOS/CC imposed
nonjudicial punishment upon her consisting of a reduction to the grade of Airman First Class,
suspended through 18 October 2007, unless sooner vacated, and 30 days of extra duties.

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.
- misconduct is prejudicial to the good order and discipline of the unit. Accordingly, administrative .
discharge is in the best interest of both Respondent and the United States Air Force.

6. OPTIONS: As the Separation Authority your options are:

a. If you determine this separation action is not supported by the evidence, direct that it be
' discontinued, and direct Respondent be retained in the Air Force.

b. If you determine this separation action has been brought under an inappropriate section of
AFI 36- -3208, direct reinitiation under a more appropriate section.

. _c. If you determine this separation action is supported by the evidence, approve the separation
action and direct Respondent be given an Under Honorable Conditions (General) Discharge, fora
Pattern of Misconduct under the provision of AFI 36-3208, chapter 5, section H, paragraph 5.50.2.

4 If you determine this separation action is supported by the evidence, but believe an Honorable
Discharge is appropriate, make that recommendation and forward the file to 2 AFICC for further

disposition.

e. If you determine that an Under Other Than Honorable Conditions (UOTHC) Discharge is
appropriate under AFI 36-3208, chapter 5, section H, paragraph 5.50.2., direct a discharge board be
convened, and forward the file to 81 MDOS/CC for processing. —-

7. RECOMMENDATION : That you approve the Respondent's administrative discharge without
the opportunity to participate in the P & R program with an Under Honorable Conditions (General)
Discharge characterization for a Pattern of Misconduct under the provision of AFI 36-3208, chapter

_’ §, section H, paragraph 5.50.2.

Staff Judge Advocate

Attachment
Case File’

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.
c. On or about 13 December 2006, Respondent indicated to MSgt she had
temporary duty travel orders to CSTARS training: After Respondent’s s arrival at the temporary duty

location, MSgt was contacted by the temporary duty location staff informing him that
Respondent did not have temporary duty travel orders. When questioned about this, Respondent
informed her supervisor, SSgt . that she did have temporary duty orders, and would
fax the orders to him. However, Respondent failed to do so. For her actions of misconduct,
Respondent received a Letter of Reprimand, dated 15 February 2007.

d. Respondent, who knew of her duties at or near Keesler Air Force Base, Mississippi, on or
about 15 April 2005, was derelict in the performance of those duties ‘in that she willfully failed to
refrain from consuming alcoholic beverages while under the legal age of 21, as it was her duty to do.
For Respondent’s actions of misconduct, on 24 May 2005, she received nonjudicial punishment
consisting of a suspended reduction to the grade of Airman, until 23 November 2005, unless sooner

vacated, forfeiture of $617.00 pay, and 30 days of extra duties. .
4, EVIDENCE FOR THE RESPONDENT:

a. Respondent is a 22-year-old Airman First Class, in her first enlistment and has AQE scores as

follows: Admin - 65; Elect - 56; Gen - 62; Mech - 60. Respondent did consult with military
counsel. She elected to submit a written statement for her Commander’s consideration.

b. In her written statement, Respondent apologized to 81 MDOS/CC for her actions and
requested to remain in the military. She admits she is a work in progress and is willing and able to
change. While Respondent admits to having problems, she admits to curing her financial problems —

and requests an another opportunity to prove she is a good Airman.

c. Respondent highlights various accomplishments since her arrival at Keesler which includes
her volunteer work, assisting in the training of Phase II students, assistance in retirement and
change-of-command ceremonies, and participation in various deployment exercises.

5. DISCUSSION:

a. The file is legally sufficient. I concur with 81 MDOS/CC’s recommendation of discharging
Respondent’s from the United States Air Force. She has received two nonjudical punishment °
actions, and been counseled and reprimanded for her pattern of misconduct. Her continued presence
in the Air Force is not consistent with the interest of the unit in maintaining proper good order,
discipline, and morale. 81 MDOS/CC has recommended an Under Honorable Conditions (General)
Discharge characterization. Respondent’s actions clearly warrant a discharge with this discharge
characterization. The significant negative aspects of Respondent’s conduct and behavior outweigh

any positive aspects of her military record.

b. I concur with 81 MDOS/CC’s recommendation of no probation and rehabilitation (P&R)
according to AFI 36-3208, chapter 7. Despite the unit’s-efforts, Respondent has not responded to
the unit’s attempts at rehabilitation. She has proven she is not a disciplined Airman. Respondent’s

ATTORNEY WORK PRODUCT
This is a privileged document. Do not release in whole or in part without the express permission of the Staff Judge Advocate.

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