AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

GRADE AFSN/SSAN

 

TYPE GEN

 

X RECORD REVIEW

 

 

   

 

PERSONAL APPEARANCE
OUNSECaaae

BE} NAME OF COUNSEL AND OR ORGANIZATION

    

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

 

SS

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
x
Xx
x
xX
x
ISSUES A94.55 INDEX NUMBER A67.70 io SOUe AO IE BOARD)
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
18 Jan 2011 FD-20609-00431

 
  

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2) -

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-0043 1

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.
ISSUE: Applicant received a General discharge for Misconduct-Drug Abuse

Applicant contends discharge was inequitable because it was based on one isolated incident in two years and
four months of service. The applicant does submit that she believes she learned her lesson. The Board
reviewed the entire record and found no evidence of inequity or impropriety in the case on which to base an
upgrade of discharge. The records indicated the applicant received an Article 15 for wrongfully using
marijuana. She was punished with a reduction to the grade of Airman Basic, 20 days extra duty, a suspended
forfeiture of $150.00 a month for 2 months and a reprimand. 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.

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
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

The public reporting burden far this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering 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 Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004),
1215 Jefferson Davis Highway, Suite 1204, Artington, VA 22202-4302, 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 currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10U.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.

. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

__ BRANCH OF SERVICE (X one) | | ARMY |__| MARINE CORPS [navy Lx [ain Force [__[eoast euarp
. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE =| d. SOCIAL SECURITY NUMBER

AB/E-1

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

ages Sabah 8 OR Pome 142) X_ | GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER

20081212 HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE 7O UNGHARAGTERDED

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Specia/ court-martial only) (Not applicable for Air Force}

OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR

6 FSS OTHER (Explain) SEPARATION TO:

 

 

 

 

 

 

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in ftem 14. See instructions on

@ 3.) . . . . . . . .
I feel’ that my discharge was inequitable because it was based on one isolated incident in two years and 4 months of service, with no

other adverse action. Before the incident, I was a very respected and highly motivated airman. Those that worked around me
described me as a professional and diligent troop who showed much promise and dedication to the air force. Even after the incident,
my whole unit supported me and was behind my being retained. They even hired me back as a civilian after the discharge. ....

7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON /ryyymmoo)
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 tem 17.

if military documents or medical records are relevant to your case, please send copies.) . .
I've attached several character statements that were used to support my case before being discharged. I've also attached my

achievement medal, EPR, LOE, Letter of Therapy participation and progress, and divorce decree along with a letter from my prior
husband. Please consider all of this when making your decision in this case.

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

10.a, COUNSEL/REPRESENTATIVE (ff any) NAME (Last, First, Middle Initiall AND ADDRESS | b. TELEPHONE NUMBER (include Area Code)
{See item 10 of the instructions about counsel/representative. } .

 

c. E-MAIL

 

d. FAX NUMBER (Include Area Code}

. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. Hf the record in question is that of a deceased or incompetent person, LEGAL PROOF OF

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. tf the application is signed by other than the applicant, indicate
the name (print) and relationship by marking a box below.

spouse [| wipow [__| winower |__| NeXT oF kin [| tecat REPRESENTATIVE| _| OTHER (Specify)

12.a, CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER finciude Area Cade}
(Bamsian W natifinetinn nf any change in address.)

 

 

d. FAX NUMBER (/nclude Area Code}

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

: i i b. DATE SIGNED - REQUIRED - i
_SIGNATURE - REQUIRED (Applicant or person in Item 11 above} N E Fr D- 2OOF COY 4% \

{VYYYMMDD}
20090710

DD FORM 493, AUG zZUU3 vREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages

 

 

i“ wee EEE
“1-14, CONTINUATION OF ITEM 6, ISSUES (/f applicable)
..] feel that I learned my lesson and served my punishment. I worked my month of extra duty, was demoted to an airman basic,
received and accepted an article 15, and also a reprimand. I then waited to find out my fate for four grueling months before being
discharged, all the while trying hard to keep a positive attitude. I did everything in my power to correct the situation, from
participating in counseling to leaving my husband, trying to start over. I'm aware that I made a huge mistake that cost me my career
in the end, but J truly believe that other than this one incident, I served honorably as an air force member. My whole unit including
my squadron commanders believed in my character and was behind my being retained. Please consider this when making your

decision.

 
   
       
     
   
 

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable)

    

16. REMARKS (/f applicable)

  
  

‘MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

 

ARMY NAVY AND MARINE CORPS

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

 

  
  

AIR FORCE COAST GUARD

   
   
  
 

U.S. Coast Guard
Commandant (G-WPM)

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

Air Force Review Boards Agency
SAF/MRBR

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

  
   
  

   
  
  

DD FORM 293, AUG 2003 Page 2 of 4 Pages

a
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last, First, Ml): SSN: DOCKET # COMPONENT:
FD-2009-00431 USAF

         

  
 
     

 

  
  

 

   
 

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

        
 

 

      
  
   
 
  
 
   
 

GENERAL MACDILL AFB, FL 12 DEC 08 CHANGE REASON FOR DISCHARGE & R.E.
CODE

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

02 MAR 88 18 20 AB A1C 07 AUG 08 NONE

    
  

 

 

 

 

  

ASVAB SCORES: A: 63 E: 52 G: 36 M: 36

 
 

DEP DT:
24 JAN 06

AFSC: 3MO51 -SERVICES JOURNEYMAN

  

     

     
  

 

     
 

 
 

ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE

E. SCM/SPCM/
GCM: NONE

D. LOR, LOA, RIC, LOC:
NONE

D. ART 15 / VAC:
ART 15: 1

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
15 AUG 06 - 14APR08 MACDILL AFB 5 (INITIAL)

   

 

 

 

 

 
   
 

 

G. AWARDS & DECS: AFAM, NDSM, GWOTSM, KDSM, AFTR

  
    

 

   

EAD: 15 AUG 06 DAS: 10 DEC 07 H. TMS: 2 YRS 10 MOS 19 DAS TAMS: 2 YRS 3 MOS 28 DAS

 

    

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
10 JUL 09 . 17AUG10/CM

    
  
 
 
 

 

 

 

 

  

ATTACHMENTS: YES

 

 

RECORDS: | MPR: NO ARMS: YES STR: YES ISSUES: YES
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.54 (MISCONDUCT; DRUG ABUSE)

     

 

 

 
 

 

 

 

 

  
 

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

 
 
 

ART 15: 07 AUG 08 -— (ART 112A) USED MARIJUANA.

 

 
 
 

EXAMINER'S NOTE:

NOTES:

  

©SAF/MRBR V10709
Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL

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 collection of information Is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering 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 Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports (0704-0004), '
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. 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 currently valid OMB control number.
PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. 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 (x one) [| [army |__| MARINE CORPS [wavy [ x [air Force [__[eoast cuarp
b. NAME (Last, First, Middle Initial) ¢. GRADE/RANK AT DISCHARGE | d. SOCIAL SECURITY NUMBER

AB/E-1

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,xpressed great confidence based on both AB written
statements and actions which include divorcing her husband and having a restraining order

issued.

(5) 5.55.2.1.5 Drug abuse under all the circumstances is not likely to recur. Lt Col
is confident that AB ~°  shas taken all necessary steps to ensure that she will refrain

from illegal drug use in all circumstances in the future.

(6) 5.55.2.1.6 Under the particular circumstances of the case, the member’s continued
presence in the Air Force is consistent with the interest of the Air Force in maintaining proper
discipline, good order, leadership, and morale. Lt Col states that the retention of AB
would meet the criteria in this clause

(7) Drug abuse did not involve drug distribution. There is no indication that this case
involved the distribution of any drugs.

c. Characterization of Service:. Discharges under this paragraph can be characterized as
Honorable, Under Honorable Conditions (General) or Under Other Than Honorable

Conditions (VOTHC):

(1) Honorable or Under Honorable Conditions (General): According to AFI 36-3208,

AMC--GLOBAL REACH FOR AMERICA

anne ee
paragraph 5.48.4, when a discharge action under paragraph 5.54 is initiated, an honorable
discharge is only warranted when the member's service is so meritorious that any other
characterization would be “clearly inappropriate”. A general discharge is given when the
_airman’s service has been honest and faithful, but significant negative aspects of the
airman’s conduct or performance of duty outweigh positive aspects of the airman’s
military record. The foregoing case file supports the commander’s recommendation to
characterize AB service as Under Honorable Conditions (General). AB
record contains a sufficient disciplinary infraction to outweigh the positive
aspects of her short service. There is no indication in her military record that her duty

performance has been so exemplary that it would be “clearly inappropriate” to give her a
general discharge. As a result, the commander’s recommendation of an Under Honorable

Conditions (General) discharge is supported and is appropriate in this case.

(2) UOTHC: AFI 36-3208, para. 1.18.3, states that an Under Other Than Honorable
Conditions discharge should be given when basing the reason for separation on a. pattern
of behavior or one or more acts or omissions that constitute a significant departure from

the conduct expected of airmen.

d. Probation and Rehabilitation (P&R). According to AFI 36-3208, para 7.2.6.7 states that
Airmen are not eligible for P&R if the reason for discharge is drug abuse. Therefore, AB

is not eligible for P&R.

5, ERRORS AND IRREGULARITIES: None. All procedures required by AFI 36-3208 have
been properly complied with and the case has been appropriately processed.

6. CONVENING AUTHORITY OPTIONS: As the Special Court-Martial Convening Authority,
you may take one of the following actions in this case:

a. Forward the package to 18 AF/CC with a recommendation that Respondent be retained in
the Air Force.

b. Direct that Respondent be discharged and furnished an Under Honorable Conditions
(General) discharge without P&R.

c. Forward the package to 18 AF/CC with a recommendation that Respondent be
discharged from the Air Force with an UOTHC.

d. Forward the package to 18 AF/CC with a recommendation that Respondent be
discharged from the Air Force with an Honorable discharge.

AMC--GLOBAL REACH FOR AMERICA

ES
6. Conclusion; I recommend you forward AB package to 18 AF/CC with a
recommendation that she be retained in the Air Force. We have attached a letter (Tab 1) for your
signature to implement this recommendation should you conc .

ar

Chiel, Aaverse Acuons

T concur. . .

Staff Judge Advocate

Attachment:
Discharge Package

AMC--GLOBAL REACH FOR AMERICA

Cn _—"EeeeeeeEEeee