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

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

i
i
q
1

 
   

“INDEX NUMBER

SSUES 494.55 467.90 oa
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

B/W] bs [| |

 

 

 

 

HEARING DATE CASE NUMBER

 

 

 

21 Jan 2011 FD-2009-00477

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.

 

 

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

 

"AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00477

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 a Pattern of Misconduct-Conduct Prejudicial to Good
Order and Discipline

Applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant states
that her discharge did not take into account the good things she did while in the service. The record indicates
the applicant received one Vacation of punishment, two Article 15s, two Letters of Reprimand, two a Letters
of Counseling and a Record of Individual Counseling. Her misconduct included depriving suite mate from
using joint restroom in dorm by locking her out, missed two appointments, failed to follow instructions from
a Junior Non-Commissioned Officer, with intent to deceive made false official statements (5x), failed to go
to duty on time (2x), failed to do morning clean-up, disobeyed a no contact order, failed to go to Airman
Leadership School on time (2x), failed to go to guard mount on time, and drunk on duty. The DRB took
note of the applicant's duty performance as documented by her performance reports 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.

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 June 14, 2004)
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.

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
TT" (Please réad instructions on Pages 3 and 4 BEFORE completing this application.)

APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires

Oct 31, 2009

 

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 the Department of Defense, Executive Services and Communications 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 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; E.O. 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 |_| MARINE CORPS [Navy _[X¢_[AiR FORCE [__]coast auarp _
b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE _|d. SOCIAL SECURITY NUMBER

&-3

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward

FE TELEPH ONE SRE 1 tert Ao Ratt

 

 

 

 

 

   
  

 

 

 

 

 

  
 

notification of any change in address) . g. EMA : . mre - ‘
. h. FAX NUMBER {inblude Area Code) 7 “—
2, DATE OF DISCHARGE OR SEPARATION |, HAR ACTERIVATION RECEIVE
 PYVYYMMDI) fr duta is eros then 19 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) 5. BOARD ACTION REQUESTED (X one)
years ago, submit a DD Form 149) [HONORABLE ~ X [CHANGE TO HONORABLE
200F 0123 GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAVUNDER
HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. SEE anb LeeATION AT DISCHARGE OR BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
. CHANGE NARRATIVE REASON FOR
Live Roch Air fore Baye UNCHARACTERIZED SEPARATION:

 

19+h Securky Fortes Sguachon OTHER (Explan)

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

Page 3) + soryed my cout and did good + in +e Air Focte. Atlee resuming from ud
‘tour in Vrag, 3 rida dnnhing problem and +hat vltna}-jey ted 4u hn his OG L
L would Win hy Aischaye Upgraded” in ole Jo Seek jweajmen + atte VA hes pia) and
fartena my education sothas YT can be & Productive ctizen.

 

 

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 Item 14.
if military documents or medical records are relevant to your case, please send copies.)

: (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)

 

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

 

 

 

enter city and sta {NOTE—The-Navy Discharge Review Board does not have _a traveling pane
10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial} AND ADDRESS : b. TELEPHONE NUMBER (include Area Code)
(See item 10 of the instructions about counsel/representative.) EMAIL :

d. FAX NUMBER (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.
|| PO | wipow, |_| wipow at dex OF KIN || AL REPRESENTA OTHER (Specify)
12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the penalties involved for _CASE NUMBER
wilifully making a false statement or claim. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shall be (Do not write in this space.)
fined under this title or imprisoned not more than 5 years, or both.)
a. SIGNATURE-REQUIRED (Applicant or person in Item 11 above) b. DATE SIGNED - REQUIRED
: (YYYYMMDD) F D HOOF - 00477
Ci OT NI A RQ RB  F
PREVIOUS EDITIO ese Page 1 of 4 Pages

DL. wt Riwe yy ItwY auvuUY
13. CONTINUATION OF ITEM 6, ISSUES (If applicable)

     

 

 

 

 

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

  

 

M5, REMARKS (if applicable)

 

  

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

  

 

  

ARMY

 
  

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

St. Louis, MO 63132-5200
(See http://arba.army.pentagon.mil)

NAVY AND MARINE CORPS

Naval Council of Personnel Boards
720 Kennon Street, S.E. :
Room 309’ (NDRB)

Washington Navy Yard, DC 20374-5023

      
  
   
   

 

    
     
   

 

  
 
  
  

AIR FORCE

  

Air Force Review Boards Agency
SAF/MRBR

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

  

DD FORM 293, NOV 2006

 

COAST GUARD

U.S. Coast Guard

Commandant (CG-122)

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

  

      
 
 

    

 

Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00477 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE
GENERAL LITTLEROCK AFB, AR 23 JAN 09

 

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
21 FEB 86 18 22 AB SRA 15 OCT 08 NONE

 

 

 

AFSC: 3P051 - SECURITY FORCES JOURNEYMAN | DEP DT: ASVAB SCORES: A: 69 E: 40 G: 47 M: 39
24 JAN 04

 

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

 

 

 

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

08 JUN 04 - 08 FEB 06 LITTLEROCK AFB 4 (INITIAL)

O9FEBO6 - 27 DEC 06 LITTLEROCK AFB 2 (DBH) REFERRAL

28 DEC 06 ~- 27 DEC 07 LITTLEROCK AFB 4 (ANNUAL)

28 DEC 07 - 21 OCT 08 LITTLEROCK AFB 2 (DBH) REFERRAL

G. AWARDS & DECS: AAM, AFOUA W/30LC, NDSM, GWOTSM, AFSM, AFLSA, AFTR

 

 

EAD: 08 JUN 04 DAS: 07 DEC 04 H. TMS: 5 YRS 0 MOS 0 DAS TAMS: 4 YRS 7 MOS 16 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
27 JUN 09 24SEP10/JLL

 

 

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

AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.50.2 (A PATTERN OF MISCONDUCT: CONDUCT PREJUDICIAL TO GOOD
ORDER AND DISCIPLINE)

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

 

 

 

 

 

 

 

RIC: 13 JAN06 - DEPRIVED YOUR SUITE MATE FROM USING YOUR JOINT RESTROOM IN THE
~ DORM BY LOCKING HER OUT.
LOR: 21MARO6 - MISSED TWO APPOINTMENT AT THE HAWC.
Loc: 21MARO06 - FAILED TO FOLLOW INSTRUCTIONS FROM A JNCO TO NOT TALK ON THE
PHONE WHILE DRIVING ON BASE UNLESS IT IS A HAND FREE DEVICE,
Loc: 21 SEP 06 WITH INTENT TO DECEIVE MADE A FALSE STATEMENT TO A SNCO.
LOR: 19 OCT 06 ON TWO SEPARATE OCCASSIONS FAILED TO GO TO DUTY ON TIME, & FAILED
TO DO MORNING CLEAN-UP ON ONE OF THESE DAY.
(1) ART45: 300CT06 - (ART 92) DISOBEYED A NO CONTACT ORDER.
(2) ART 15: 18O0CT08 - (ART 107) ON 4 SEPARATE OCCASSIONS MADE FALSE STATMENTS WITH THE
INTENT TO DECEIVE NCOS.
(ART 86) FAILED TO GO TO ALS ON TIME ON 2 SEPARATE OCCASSIONS.
(3) VAC:  12DEC08 - (ART 86) FAILED TO GO TO GUARD MOUNT ON TIME.
(ART 112) DRUNK ON DUTY.

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709
APPLICATION FOR THE REVIEW OF DISCHARGE 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 31, 2009
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 the Department of Defense, Executive Services and Communications Directorate (0704-0004). Respondents should be aware that notwithstanding any other

provision of law, no person shail be subject to any penalty 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.O. 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 I AIR FORCE | [coast GUARD
b. NAME (Last First. Middle Initial ¢. GRADE/RANK AT DISCHARGE _|d. SOCIAL SECURITY NUMBER
@. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward {TELEPHONE NUMBER Linclude Arga Gople)
notification of any change in address) aa sits cen EMA : arm =
TFAX NUMBER (inblude Area Code)
: ww werie viv coe Ne tp L. 7
2. DATE OF DISCHARGE OR SEPARATION
FYVYYMIMDD) tit date fe proe than 95 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) 5. BOARD ACTION REQUESTED (X one) _
years ago, submit a DD Form 149) HONORABLE ~ x CHANGE TO HONORABLE
200¥ 0123 GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIDED
3. Seee AIG RG CATION AT DISCHARGE OR BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
. CHANGE NARRATIVE REASON FOR
Li Vo Rach Air fare Boe UNCHARACTERIZED SEPARATION:
OTHER (Explain)

19 +h Security Fortes Sguackon

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

Pears) T served mycaumy and did good +pings in He Air Toute, Aer reduuning Meriee | |
tour in Vrag, 3 wda deintting ~ravlem and *hat ultma}-fey ke jo ny ois ad L
Lwould vw iy dischoye upgraded” in clu Jo tek teasmen f at He VA uspAal and
forte my education Sotho’ LT can be ¢ productive crhzen.

 

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

8. INSUPPORT 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.)

 

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

Discharge Review Board does not have a traveling pane

 

 

 

enter city and state) {NOTE The-Na
10.a. COUNSEL/REPRESENTATIVE a any) NAME (Last, First, Middle Initial) AND ADDRESS b. TELEPHONE NUMBER (include Area Code)
(See ltem10 of the instructions about counsel/representative.) SENAL :

 

d. FAX NUMBER (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.

| __Ispouse! __|wpow | _lwipower | __Inexrorkw | _lieca represents OTHER (Specify)
CASE NUMBER

ait Pil Ce
12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the penalties involved for = NI :
willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 and 1001, provide that an individual shall be (Do not write in this space.)

fined under this title or imprisoned not more than 5 years, or both.)

a. SIGNATURE-REQUIRED (Applicant or person in Item 11 above) b. DATE SIGNED - REQUIRED
; (YYYYMMDD) FD HOOF- 00477

| 2009062

ARE OBSOLETE. Page 1 of 4. Pages

 

PREVIO
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

 

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

 

15. REMARKS (iFapplicable)

 

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)

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)

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

 

 

 

DD FORM 293, NOV 2006 —— Page 2 of 4 Pages
| “epg

“DEPARTMENT OF THE AIR FORCE

19TH SECURITY FORCES SQUADRON
LITTLE ROCK AFB, ARKANSAS 72099

 

7 Jon OF
MEMORANDUM FOR AB

FROM: 19 SFS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct: A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The authority for this action is AFPD
36-32 and AFI 36-3208, paragraph 5.50.2. If my recommendation is approved, your service will be
characterized as an Under Honorable Conditions (General) Discharge. . 1 am recommending that your
service be characterized as an Under Honorable Conditions (General) Discharge.

2. My reason for this action is:

informed SSgi .that you deprived yc your

a. Onor about 13 January 2006, MSgi
suite mate from using the bathroom facilities in building 714, room 207. You deprived her from using

the facilities by keeping the inside door of her bathroom door locked from the inside. There were
numerous attempts made to contact you on this matter via telephone with negative results. For your
actions, you received Record of Individual Counseling, AF IMT 174 dated 13 January 2006

(Attachment 1-1).

b. Onor about 13 March 2006 and on or about 17 March 2006, you missed two appointments at
the HAWC. For your actions, you received a Letter of Reprimand (LOR) dated 21 March 2006

(Attachment 1-2).

c. On or about 17 March 2006, you were operating a Security Forces Patrol Car while talking on a
cellular phone without using a hands-free device. You were previously briefed by TSgt that
operating a vehicle on Little Rock AFB and utilizing a cellular telephone without a hands free device is
prohibited. For your actions, you received a Letter of Counseling (LOC) dated 21 March 2006

(Attachment 1-3).
d. Onor about 20 September 2006, you made a false official statement to the 314 SFS First

Sergeant, MSegt ~ You told him you overslept and had to cancel your 0800 hrs
appointment for 20 September 2006, at the LRAFB medical facility and reschedule for Wednesday, 27
September 2006. MSgt ~ sontacted the medical facility and discovered you had made the

appointment for 27 September 2006 on the afternoon of 19 September 2006. You were in direct
violation of Article 107 of the Uniform Code of Military Justice (UCMJ). For your actions, you
received a LOC dated 21 September 2006 (Attachment 1-4).

e. On or about 17 October 2006, you failed to report to your place of duty at the time prescribed of
0730, to wit: buildmg 480. Further, you failed to fulfill your duties of morning building cleanup.
On or about 18 October 2006, you were derelict in the performance of your duties in that you failed to
report to the Warfit track at the time prescribed of 0700. For your actions, you received a LOR dated 19

October 2006 (Attachment 1-5).
ss,

f On or about 9 October 2006, you violated a No-Contact Order issued by MSgt dated 15
September 2006. You were ordered to have no contact with... ____._ __, and you failed to obey the

same by wrongfully having contact with - at hishome. For your actions, you received
punishment under Article 15 of the UCMJ consisting reduction to the grade of Airman, suspended
through 29 April 2007, restriction to the limits of LRAFB for 45 days, 15 days extra duty, and a

reprimand dated 30 October 2006 (Attachment 1-6).

g. On or about 2 September 2008, you were derelict in the performance of your duties in that you
failed to go to your appointed place of duty at the time prescribed, to wit: mandatory physical training
formation outside the Airman Leadership School, building 711. On or about 3 September 2008, you
failed to go at the time prescribed, to wit: Airman Leadership School, building 711. In addition, on

that same day, you made false official statements to SSgt. | MSgt' , and
MSgt You were in direct violation of Article 107 of the UCMI. For your misconduct,

- you received punishment under Article 15 of the UCMJ consisting reduction to the grade of Airman
Basic, with reduction below Airman First Class suspended until 14 April 2009, after which time it was

to be be remitted without further action, unless sooner vacated, 45 days extra duty, with a new date of
rank for Airman First Class of 15 October 2008, and a reprimand dated 15 October 2008 (Attachment

1-7).

h. On or about 23 November 2008, you were derelict in the performance of your duties in that you

failed to go at the time prescribed to your appointed place of duty, to wit: guard mount at building
480. In addition, you were found drunk while on duty as a security response team member. For your
actions, you received vacation of suspended punishment under Article 15 of the UCMJ consisting
reduction to the grade of Airman Basic, with a new date of rank of 15 October 2008, effective 12

December 2008 (Attachment 1-8).

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 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.

¥
7

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 the Area Defense Counsel at Little Rock AFB, on 3 _

January 2009, at jog) hours. You may consult civilian counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me byagio/ 1A Tan 04 unless you request and receive

an extension for good cause shown. | will send them to the separation authority.

6. 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.
News! ee
7. You are scheduled for the following appointments. You must first rey report to the Military Personnel

Flight, Separations Section, located at 1255 Vandenberg Blvd, Room 100 on “7_ January 2009 at

]4oo hours. You must then report to the Medical Clinic, located at 1090 Amold Drive at OD hours

. on_"7_ January 2009 for your examination. You must fast 14 hours: ‘prior to the examination and .. -
may drink only water during that time. You must not smoke 14 hours prior, nor may you consume

alcohol 72 hours prior to your examination. If you wear glasses, bring them with you. If you wear

contact lenses, bring a container to store them in during your eye examination.

8. Any personal information you furnish in rebuttal is covered by the Privaey Act of 1974. A copy of
AFI 36-3208 is available for your use at the orderly room.

9. Execute the aiached acknowledgment and return it to me immediately.

~ 4)

« NPULLILLICIAIW

Attachments:
1. Supporting Documents
2. Receipt of Notification Memorandum
“Td

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 19TH AIRLIFT WING (AMC)
LITTLE ROCK AFB, ARKANSAS 72099

 

14 JAN 2009

MEMORANDUM FOR 19 AW/CC

FROM: 19 AW/JJA
SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge Action:

1. Ihave reviewed the subject discharge action and find it legally sufficient. Major

_ Commander for the 19th Security Forces Squadron, has recommended that AB .
“Ie be involuntarily separated from the United States Air Force with an Under Honorable

Conditions (General) Discharge in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.
Major Ford does not recommend probation and rehabilitation (P&R).

.2. In reviewing this action, I find that there is a legally sufficient basis to separate AB from
the US Air Force with an Under Honorable Conditions (General) Discharge without P&R.

a. Basis for discharge: AFI 36-3208, paragraph 5.50.2.

(1) On or about 13 January 2006, MSgt informed SSg i that the respondent

deprived her suite mate from using the bathroom facilities in building 714, room 207 by keeping her
bathroom door locked from the inside. There were numerous attempts made to contact her on this
matter with negative results. For her actions, the respondent received Record of Individual

Counseling, AF IMT 174 dated 13 January 2006 (Attachment 1-1).

(2) On or about 13 March 2006 and on or about 17 March 2006, the respondent missed two
appointments at the HAWC. For her actions, the respondent received a Letter of Reprimand (LOR)

dated 21 March 2006 (Attachment 1-2).

(3) On or about 17 March 2006, the respondent was operating a Security Forces Patrol Car while
talking on a cellular phone without using a hands-free device. She was previously briefed by TSgt
that operating a vehicle on Little Rock AFB and utilizing a cellular telephone without a

hands free device is prohibited. For her actions, the respondent received a Letter of Counseling
(LOC) dated 21 March 2006 (Attachment 1-3).

(4) On or about 20 September 2006, the respondent made a false official statement to the 314 SFS
First Sergeant, MSgt ! . She told MSegt she overslept and had to cancel her
0800 hrs appointment tor 20 September 2006, at the LRAFB medical facility and reschedule for
Wednesday, 27 September 2006. MSgt contacted the medical facility and discovered she
had made the appointment for 27 September 2006 on the afternoon of 19 September 2006. The
respondent was in direct violation of Article 107 of the Uniform Code of Military Justice (UCMJ).

For her actions, the respondent received a LOC dated 21 September 2006 (Attachment 1-4).
a ee a tate nta le tate ga ne ot

_(5) On or about 17 October 2006, the respondent failed to report to her place of duty at the time
prescribed of 0730, to wit: building 480. Further, she failed to fulfill her duties of morning building
cleanup. On or about 18 October 2006, the respondent was derelict in the performance of her duties
in that she failed to report to the Warfit track at the time prescribed. For her actions, the respondent

received a LOR dated 19 October 2006 (Attachment 1-5).

(6) On or about 9 October 2006, the respondent violated a No-Contact Order issued by MSgt
~ dated 15 September 2006. She was ordered to have no contact with which

she failed to obey by wrongfully having contact with him at his home. For her actions, the
respondent received punishment under Article 15 of the UCMI consisting reduction to the grade of

Airman, suspended through 29 April 2007, restriction to the limits of LRAFB for 45 days, 15 days
extra duty, and a reprimand dated 30 October 2006 (Attachment 1-6).

*

(7) On or about 2 September 2008, the respondent was derelict in the performance of her duties in
that she failed to go to her appointed place of duty at the time prescribed, to wit: mandatory physical
training formation outside the Airman Leadership School, building 711. On or about 3 September
2008, the respondent failed to go at the time prescribed, to wit: Airman Leadership School, building

711. In addition, on that same day, she made false official statements to SSgt ‘ MSgt
, and MSgt. She was in direct violation of Article 107 of the UCMJ.

For her misconduct, the respondent received punishment under Article 15 of the UCMJ consisting
reduction to the grade of Airman Basic, with reduction below Airman First Class suspended until 14
April 2009, after which time it was to be remitted without further action, unless sooner vacated, 45

days extra duty, with a new date of rank for Airman First Class of 15 October 2008, and a reprimand ~

dated 15 October 2008 (Attachment 1-7).

(8) On or about 23 November 2008, the respondent was derelict in the performance of her duties in
that she failed to go at the time prescribed to her appointed place of duty, to wit: guard mount at
building 480. In addition, the respondent was found drunk while on duty as a security response team
‘member. For her misconduct, her previously suspended punishment under Article 15 of the UCMJ
was vacated and she received reduction to the grade of Airman Basic, with a new date of rank of 15

October 2008, effective 12 December 2008 (Attachment 1-8).

b. Should AB ye discharged? A legal basis for discharge exists and the respondent should
be discharged under that provision. In accordance with AFI 36-3208, paragraph 5.50.2, a pattern of
misconduct consisting of conduct prejudicial to good order and discipline makes an airman subject to
discharge. The infractions under paragraph 5.50.2 may involve failure to comply with nonpunitive

regulations or minor offenses under the UCMJ. The respondent received a RIC, dated 13 January 2006;

an LOR, dated 21 March 2006; an LOC, dated 21 March 2006; an LOC dated, 21 September 2006; a
LOC, dated 19 October 2006; Nonjudicial Punishment, dated 30 October 2006; Nonjudicial
Punishment, dated 15 October 2008; a vacation of suspended Nonjudicial Punishment, dated 12
December 2008, and is currently on the control roster. Her consistent misbehavior and failure to
maintain military standards are detrimental to good order and discipline within her unit. Thus, the
respondent should be discharged. A basis for discharge exists under paragraph 5:50.2, Misconduct:

Pattern of Misconduct due to the repeated and varied misconduct.

c. Service characterization: AFI 36-3208, paragraph 1.18.2, states that a General Discharge should
be given when the airman’s service has been honest and faithful, but significant negative aspects of the
their conduct or performance of duty outweigh positive aspects of the airman’s military record. The
respondent consistently failed to report for duty on time, failed to refrain from drinking while on duty,
and failed to have integrity by making several false official statements to NCOs and SNCOs. This
failure to take her Air Force core values seriously brings discredit upon the Air Force and sets a terrible

Pin Meee ae matedene been
“It

. example for the other Airmen with whom she interacts. The negative aspects of the respondent’s - -
military career outweigh the positive, making a General Discharge characterization appropriate.

d. Probation and Rehabilitation: AFI 36-3208, paragraph 7.3, states P&R may be offered to airmen
who have demonstrated a potential to serve satisfactorily, have the capacity to be rehabilitated for
continued military service or 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.
The unit gave the respondent several chances and administered punishment appropriate to the
misconduct the respondent committed, The respondent’s continued disregard for military standards,

despite many efforts to correct her behavior, demonstrates her poor rehabilitative potential. I do not
recommend P&R with this discharge. ,

e. Errors and Irregularities: I note no errors or irregularities prejudicial to the respondent’s
substantive or procedural rights. —

3. Member's Response: On 9 January 2009, the respondent consulted with military counsel and asks
that the 19 AW/CC change her characterization to an Honorable discharge characterization.

4, Options for Separation Authority: As the separation authority in this case, you may:
a.. Direct retention, if you determine the evidence does not warrant discharge; or,

b. Forward this case to 18 AF/CC with the recommendation that the respondent receive an
Honorable Discharge, with or without P&R; or,

_ ¢. Direct the respondent’s separation with an Under Honorable Conditions (General) Discharge,
with or without P&R; or,

d. Return this case to the unit for re-initiation, with the recommendation that the respondent receive
an Under Other Than Honorable Conditions Discharge.

5. I recommend that you direct AB. be separated with an Under Honorable

Conditions (General) Discharge without P&R.

(

Chief, Military Justice
I concur.

olan Juage Advocale