AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
| PERSONAL APPEARANCE xX | RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION + T ADDRESS AND OR ORGANIZATION OF COUNSEL
Sg mE Te
MEMBER SITTING HON GEN uoTHc | OTHER DENY
X+
X+
T | T + |
X+
| x
1 | _|
io
ISSUES A94,53 INDEX NUMBER A67.90
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
21 Jun 2011 FD-2009-00703

     
 

+ RE CODE

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-2009-00703

GENERAL: The applicant appeals for upgrade of discharge to honorable 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 and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant
does submit that she is a single mom of two children, one of whom is disabled, and is unable to get
employment due to her reenlistment code. The record indicates the applicant received three Letters of
Reprimand, and one Letter of Counseling. Her misconduct included failure to go (2x), failure to arrive on
time for duty, disrespectful to a SNCO and with intent to deceive made a false statement regarding an NCO.
The Board opined that through these administrative actions, the applicant had ample opportunities to change
her behavior. They found the seriousness of the willful misconduct offset any positive aspects of the
applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety
or inequity to warrant an upgrade of the discharge.

Issue 2. 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
December 5, 2005) 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
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

6 public reporting burden for this collection of information is estimated to average 30 minutes per response, lime for raviewing 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 Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
persan 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.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.

esruncnorswce wow) | [wo | Twasmeconrs |"[eaw | arrose [Teer aus

hb NAME 1 ast. First. Middle Initial) c. GRADE/RANK AT DISCHARGE d. SOCIAL SFCURITY SH HaneD
E-4/ Sra

6. GURKEN! MAILING AUURKESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward
antificatian af anv rhanda in address.)

 
   
      
  
 

  
    
    
 

      
  
 
   
  
  
  
    
 
 

  

  
 
 

a ey

N/A

4. DISCHARGE CHARACTERIZATION RECEIVED (X one) :. BOARD ACTION REQUESTED (x one)
ROD) cl i a [[wonorasiz——SSSSSSSSCSC*CYK YT SHANGETONIONORABLE

\] GENERAL/UNDER HONORABLE CONDITIONS | | CHANGE TO. GENERALIUNDER
20090810 UNDER OTHER THAN HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE [| [BAD CONDUCT (Special court-martial only) (Not applicable for Alr Force)

OR SEPARATION

   
   
  

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

    

 

 

 
   

    
 

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

Page 3.
[am 4 single mother with two children, one of which has a special disability. Due to the SPD (Separation Program Designator)

code (misconduct) I received on my DD Form 214 discharge, I am now unable to obtain employment until it is changed. I am
1 working extremely hard to achieve my bachelors degree by 2010. My chapter 33 G. 1. pall has not been approved yet, leaving me with

 
   
   
    
  

  
  

 

   
 

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.)

 
  
 

i | 7.  fappiiceble) AN APPLICATION WAS PREVIOUSLY SUBMITIED ON (YYYYMMDD) :

   

1) Wage Transcript and Determination Form for unemployment

 
  

  
   

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.

| 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 state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

E ND ADDRESS |b. PHONE NUMBER (Include Area Code

 

   

 

    
 
    

 

 

   
 

 
  
 

    
  
 

  
 

     

10.a. ESENTATIVE (if any) NAME (Last, First, Middle initial) A

(See Item 10 of the instructions about counsel/representative.)
N/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
(Do not write in this space.)

FOLK 00703

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, proyide that an individual shail be fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20091113
PREVIOUS EDITION IS OBSOLETE.

 
   
 
  
  
 

  
  

  
   
        

age 1 of 4 Pages

DD FORM 293, NOV 2006 Pag
FormFiow/Adobe Geeiay 7.0
43. CONTINUATION OF ITEM 6, ISSUES (If applicable)
Iam a single mother with two children, one of which has a special disability. Due to the SPD (Separation Program Designator) code

(misconduct) I received on my DD Form 214 discharge, ] am now unable to obtain employment until it is changed. I anf working
extremely hard to achieve my bachelors degree by 2010. My chapter 33 G.I. bill has not been approved yet, leaving me with
absolutely " NO" income. My unemployment claim was denied according to the SPD code on my DD Form 214.

At this time I respectfully request, that my military discharge conduct code "JKM" be changed or upgraded to appropriately fit
my living conditions. Your decision will be greatly appreciated.

¥ en OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

15. REMARKS (if applicable)
N/A

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency :
Support Division, St. Louis Nava Councl of Personnel Boards

9700 Page Avenue Room 309 (NDRB)

ech, abate centagon mil} Washington Navy Yard, DC 20374-5023

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard

SAF/MRBR Commandant (CG-122)

§50-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

AFDRB BRIEF .

NAME (Last, First, Ml): DOCKET # COMPONENT:
FD-2009-00703 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL MACDILL AFB, FL AUGOS. HONORABLE & CHANGE RE CODE

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

31 JUL 84 21 . 25 SRA 13 MAY 08 NONE

AFSC: 3P051 - SECURITY FORCES JOU RNEYMAN | DEP DT: ASVAB SCORES:

21 JUL 05
D. ART 15 / VAG: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
NONE LOR: 3 / LOA: 1 GCM: NONE NONE

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

29 NOV 05 - 28JUL07 - MACDILL AFB 5 (INITIAL)

29 JUL 07 - 28JUL08 - MACDILL AFB 3 (ANNUAL)

29 JUL08 - 28JUL09 - MACDILL AFB 2 (ANNUAL) REFERRAL
G, AWARDS & DECS: AFOUA, AFGCM, NDOSM, GWOTSM, KDSM, AFOSSTR, AFTR

EAD: 29 NOV 05 DAS: 07 MAR 07 H. TMS: 4 YRS 0 MOS 21 DAS TAMS: 3 YRS 8 MOS 12 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
13 NOV 09 15MAR11/JLL

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

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

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

     
   

      

     

         
     
       
        
   

    
   
 
      

LOR: 12DEC 07 - FAILED TO GO TO MANDATORY MEDICAL APPOINTMENT.
LOA: 14MAR08 - FAILED TO GO TO A PHA APPOINTMENT, M-4 FIRING, & TWO PT SESSIONS.

LOR: 21 MAY 08 - FAILED TO ARRIVE ON TIME FOR DUTY.
LOR: 06JUL09 - DISRESPECTFUL TO A SNCO & WITH INTENT TO DECEIVE MADE A FALSE STATMENT

REGARDING A NCO. ”

       
    
 
 

        
 

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 34, 2009

@ public reporting b fed fo average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathenng and
maintaining the. dae 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 raduelng the burden, to the Department of Defensa, Executive Services 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 vaild 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.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.

owes | per, eee | ee

bh MAME ff act Firet Airicla Initial) c. eee AT DISCHARGE d. SOCIAL SECURITY NUMBER

@. GURKENT MALIN 3 AUUKES OF APPLICANT OR PERSON NAMED IN ITEM 11 ann
= ~ address.)

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) 1 BOARD ACTION REQUESTED (x one)
{YYYYMMDD) (If date is more than 15 years
go, submit 2 DD Form 149) = |__| HONORABLE XM [CHANGETOHONORABLE

GENERALJUNDER HONORABLE CONDITIONS | CHANGE TO GENERALIUNDER
20090810 |_| UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE am BAD CONDUCT Seeae court-martial only) (Not spplicable or Ale ir Force)

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 am a single mother with two children, one of which has a special disability. Due to the SPD (Separation Program Designator)

code (misconduct) I received on my DD Form 214 discharge, I am now unable to obtain employment until it is changed. I am
| working extremely hard to achieve my bachelors degree by 2010. My chapter 33 G. 1. bill has not been appioved yet, leaving me wath

7. « ifa plicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
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.)

1) Wage Transcript and Determination Form for unemployment

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. I 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.

| ANDIOR (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.)

REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS
"(See item 10 of the instructions about counsel/representative.)

N/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.

12. CERTIFICATION. I 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 1007, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

vin Item 11 above) b. DATE SIGNED - REQUIRED
(YYYYMMDO) FOLOH 00703

20091113

DD Funm «zo, wey cuve PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)
I am a single mother with two children, one of which has a special disability. Due to the SPD (Separation Program Designator) code

(misconduct) ] received on my DD Form 214 discharge, I am now unable to obtain employment until it is changed. I am working
extremely hard to achieve my bachelors degree by 2010. My chapter 33 G.I. bill has not been approved yet, leaving me with
‘| absolutely " NO” income. My unemployment claim was denied according to the SPD code on my DD Form 214.
At this time I respectfully request, that my military discharge conduct code "JKM" be changed or upgraded to appropriately fit
my living conditions. Your decision will be greatly appreciated.

yi LONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)

15. REMARKS (if applicable)
N/A

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY T- 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 Personne! Boards

720 Kennon Street, S.E.

Room 309 (NDRB)

Washington Navy Yard, DC 20374-5023

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard

SAF/MRBR Commandant (CG-122)
§50-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
MEMORANDUM FOR

FROM: 6 SFS/CC

SUBJECT: Notification Memorandum

Sn ane RRELE ORCI Reo, Me yet pa vate tense TN

}
|
|
i

DEPARTMENT OF THE AIR FORCE
6TH AIR MOBILITY WING (AMC)

i
i
!
|
|
|

SRA

MACDILL AIR FORCE BASE FLORIDA(

JUL 2 8 2009

. i
. 1, lam recommending your discharge from the United States Air Force for Misconduct: Pattern

of Misconduct: conduct Prejudicial to Good Order and Discipline. Th

is AFPD 36-32 Military
of Airmen, paragraph 5.5
characterized as Under H

2. My reasons for this ac

a. On or about 11 Dec)
you received a Letter of Reprimand (LOR), dated 12 Dec 07. (Tab 4

b. On or about 1 Feb
Assessment, your M-4 fi
Admonishment (LOA),

c. On or about I5 May 08, you were late to report to your appointed place of duty for which
you received a LOR, date

d. On or about 6 Feb ¢
officer (NCO) for which you received a LOR, dated 6 Jul 09. In additi

f
into an established Unfavorable Information File (UIF), dated 13 Jul 09.

(Tab 4 Atch 4)

etirements and Separation and AFI 36-3208
.2. If my recommendation is approved, your
onorable Conditions (General).
tion are:

07, you failed to go to a mandatory medical

)8 and on or about 6 Mar 08, you failed to go

21 May 08. (Tab 4 Atch 3)

 

authority for this action
dministrative Separation
service will be

‘appointment for which
tch 1)

to your Physical Health

ng and two PT sessions for which you received a Letter of
dated 14 Mar 08. (Tab4 Atch2)

”

, you were disrespectful towards your superior noncommissioned

n, I added the document

e. On or about 8 Feb 09, you intended to deceive, by making a false official statement to wit:

you accused your superi
Jul 09. I also added the

Force and, if you are disc
you will be ineligible for

assistance funds may be subject to recoupment.

do
_ 3. Copies of the documents to be forwarded to the separation autho
recommendation are attached. The commander exercising special co

higher authority will deci
harged, how your service will be characterized. If you are discharged,

NCO of poking you in the eye for which yo
cument into an established UIF, dated 13 Ju

de whether you will be discharged or retaine

 

reenlistment in the Air Force and any special

 

UNRIVALED GLOBAL REACH FOR AMERICA. |

i
\
i
i
i

received a LOR, dated 6
09. (Tab 4 Atch 5)

-martial jurisdiction or a
in the United States Air

ou support of this

pay, bonus, or education

ALWAYS!
4. You have the right to ¢onsult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult Captain Hangar 4, on
AB Suly 2007 ; at Peo 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 by 3! Jul 2eeq (3 workdays) unless you
request and receive an extension for good cause shown. I 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.

7. You have been scheduled for a medical examination. You must report to the Patriot or

Liberty Clinic, 8415 Bayshore Blvd on 2% Suly ,yat 14YO _ hours for the

examination.

i

8. Any personal information you furnish in rebuttal is covered by the qrvacy Act of 1974. A

copy of AFI 36-3208 is a

in building 299 on Hangar Loop Drive.

vailable for your use at the 6th Air Mobility

ing Legal Office, located

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

Attachments:
LOR, dated 12 Dec 0/7, (2 pages)

SIHDARWY =

LOA, dated 14 Mar
LOR, dated 21 May
AF IMT 1058, dated
LOR, dated 6 Jul 09,
LOR, dated 6 Jul 09
AF IMT 1058, dated

 

8, (3 pages)

8, (3 pages)
13 Jul 09 (2 pages)

(3 pages)

(3 pages)

 

13 Jul 09 (2 pages)

Incident Report, dated 10 Feb 09, (9 pages)

 

Commander, Fen yecunny Forces Squadron
i
ee enneenenneineneenrerensetrtnnawmcnannmanenimti — enaatnnen Leena ee seemmemeenpmaenaets | epee etter mee = . . sient ee cee ee
$ :

| DEPARTMENT OF THE AIR FORCE
6TH AIR MOBILITY WING (AMC)
MACDILL AIR FORCE BASE, FLORIDA

 

MEMORANDUM FOR 6 AMW/CC

FROM: 6 AMW/JA
SUBJECT: Legal Review of AFPD 36-32 and AFI 36-3208 Discharge/ Action:
SrA

1. Lt Col 6 SFS/CC, recommends Sr/ be involuntarily separated
with an Under Honorable Conditions (General) discharge service charatterization pursuant to
AFPD 36-32 and AFI 36-3208, paragraph 5.50.2, Pattern of Misconduct: Conduct Prejudicial to
Good Order and Discipline. The reasons set forth in the Commander’s|Recommendation Letter,
with accompanying dectienaristioi, are legally sufficient to support action under this provision
of the instruction. SrA will be medically cleared prior to fn discharge.

 

2. FACTS: The events providing the basis for this discharge oecummed during Sra
current enlistment, a 6-year term which began 29 Nov 05, and are detailed below:

a. On or about 11 Dec 07, SrA failed to go to a mandatary medical appointment
for which she received a Letter of Reprimand (LOR), dated 12 Dec 07.| (Tab 4 Atch 1)

 

b. On or about 1 rei 08 and on or about 6 Mar 08, SrA failed to go to her
Physical Health Assessment, M-4 firing and two PT sessions for which she received a Letter of

Admonishment (LOA), dated 14 Mar 08. (Tab 4 Atch 2)

c. On or about 15 May 08, SrA was late to report to herjappointed place of duty
for which she received a LOR, dated 21 May 08. (Tab 4 Atch 3)

d. On or about 6 Feb 09, SrA was disrespectful towards/her superior senior
noncommissioned officer (SNCO) for which she received a LOR, dated 6 Jul 09. In addition, the
commander added the document into an established Unfavorable Information File (UIF), dated

13 Jul 09. (Tab 4 Atch 4)

 

e. On or about 8 Feb 09, SrA ntended to deceive, by making a false official
statement to wit: she accused her superior NCO of poking her in the eye for which she received
a LOR, dated 6 Jul 09. The commander also added the document into an established UIF, dated

13 Jul 09. (Tab 4 Atch 5)

_ |
3. MEMBER’S RESPONSE: SrA has consulted with legal counsel and waived her
right to submit a written response.

i:

 

ALWAYS!

UNRIVALED GLOBAL REACH FOR AMERICA..
4. ANALYSIS:

a. Appropriateness of Discharge: Lt Col initiated discharge against SrA
based unon her record of misconduct. Despite the unit’s efforts to discipline and rehabilitate
- SrA through hetters of reprimand, admonishment and an established (UIF) with
several entries, SrA has chosen to continue down her path|of misconduct. She
received a LOR for failing to go toa mandatory medical appointment, a LOA for failing to
go to a Physical Health Assessment, M-4 firing and two PT sessions and another LOR for
reporting late to her appointed place of duty. Her repeated offenses/are clear evidence that
she is unwilling to improve her conduct. SrA received a HOR for slapping the hand
of a superior SNCO after he pointed his finger towards her while ordering her to perform her
Fitness Assessment. In addition, she made a false official statement about a superior SNCO
to wit: she accused him of poking her in the eye with his finger. Ajpattern of misconduct
has clearly been established in SrA service. This misconduct, especially disrespect -
for authority, is prejudicial to gooa oraer ana discipline. Conduct prejudicial to good order
and discipline is conduct that tends to disrupt order, discipline, or morale within the military
community. The record of misconduct stands for itself in this action, and a basis for
discharge pursuant to AFI 36-3208, paragraph 5.50.2 exists and is the appropriate course for
the commander to take.

 
 

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

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(1) Honorable or Under Honorable Conditions (General): According to AFI 36-3208,
paragraph 5.48.4, when a discharge action under paragraph 5.50.2 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 jgeneral discharge is given
when the airman’s service has been honest and faithful, but significant negative aspects

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of the airman’s conduct or performance of duty outweigh nuh aspects of the airman’s

 

 

military record. The foregoing case file supports the commander’s recommendation to
characterize SrA service as Under Honorable Conditions (General).

SrA redord contains sufficient disciplinary infractioris 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 croft to give her a

 

general discharge! As a result, the commander’s recommendation of an Under Honorable
Conditions (Genetal) discharge is supported and is appropriate jin this case.
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(2) UOTHC: AFI 36-3208, paragraph 1.18.3, states that an Wie 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.
Some examples of/such behavior, acts, or omissions listed in the AF] include, but are not
limited to: the usejof force or violence to produce serious bodily injury or death, abuse of
a special position of trust, acts or omissions that endanger the security of the United
States, and acts that endanger the health and welfare of other Air Force members. While
SrA_ acts are certainly a clear departure from the conduct expected of airman,
her acts are not as grievous as the examples of conduct that typically merit a UOTHC

discharge characterization.

c. Probation and Rehabilitation (P&R). According to AFI 36-3208, Chapter 7, 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 fee is consistent with the
maintenance of good order and discipline in the Air Force. The commander effectively
makes the case that the respondent has been given numerous opportunities to correct her
behavior and comply with military standards. She has received four LORs, one LOA, and

several entries in an cad tablished UIF during a 19 month period =e 07 — Jul 09. In spite
d

 

 

of all the correction opportunities her squadron has given her, SrA has
repeatedly and consciously failed to correct her behavior. The co

recommendation that P&R not be offered is appropriate:
t

5. ERRORS AND IRREGULARITIES: Noni All procedures required by AFI 36-3208 have
been properly complied with and the case has been appropriately processed.

auc 3s

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

a. Retain Respondent jin the Air Force.

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

c. Forward the package to 18 AF/CC witha recommendation that § espondent be discharged
from the Air Force with an Under Other Than Honorable Conditians discharge (UOTHC).

 

d. Forward the package to 18 AF/CC with a fecommendation that Respondent be discharged
from the Air Force with an Honorable discharge.
+20 meenewammeseteemttattatily  —_“~“psuteeamammtn i ttANOA SAA CREAR Attain SCaOSSEASETEEN ARSE

i
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7. Conclusion: | recomnend you direct SrA be separated pin an Under Honorable
Conditions (General) service characterization without P&R. A letter for your signature to
implement this recommendation is attached should you concur.

| a

Capt, USAF
We dblwig SAUL V WLW £ Awd

I concur. |

i w~
Attachment: ’

Discharge Package