AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AMN

AFSN/SSAN

RECORD REVIEW

						
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HEARING DATE
9 SEP 02

CASE NUMBER
FD1999-00220

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3	
LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDrrIONAL EXHIBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARJNG

Case heard at Randol ph AFB, Texas.

Change the reason for discharge to Secretarial Authority;'SPD Code JFF. Advise applicant of the decision of the Boa rd.

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

AFHQ FORM 0-2077, JAN 00

(EF-¥2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD. ;:-'
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AI R FORCE DISCH ARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD 1999-00220	

GENERA L:   The appli cant appeals for upgrade of disch arge to Honorable and to change the Reason for

applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Randol ph TX on September 11, 2002.  The following additional exhibits were submitted at the hearing:

Exhibit 5:  Applicant's contentions.
Exhibit 6:  86 MDG/86 MDOS/SGOMH Memo, 26 Jan 98 Exhibit 7:  Witness Statement
Exhibit 8:  On-The-Job Training Records Exhibit 9:  AF Form 931, 30 Sep 96
Exhibit 10: AF Fom1 931, 24 Sep 97 w/continuation sheet
Exhibit  1 1:  AF Form 931 , 1 Dec 97, w/contin uation sheet
Exhibit 12: Memorand um frm4 J an 98 (3 pages)

attached brief contai ns avail able perti nent data on the applicant and the factors leading to the discharge.

FINDI NGS: The discharge  is  upgraded  to  Honorable,  and  the  reason  for  discharge  is  changed  to Secretarial Authori t y. The Board  finds that  the evidence ofrecord  substantiates an impropriety and inequity that justi fy upgrade of the d i scharge.

ISS UES:   The applicant was discharged with a General Discharge for Misconduct	Minor  Disciplinary Infi:actions.   Mem ber received  an Article  15, vacation action, and several letters of reprimand  for several failures to report to \vork on time.  Appl icant states that her medical problems hindered her ability to serve and that these problems were not properly addressed.   She further stated	was trying very hard to do a job but her sleep disorder and improper trai ning set her back.  The Board reviewed the entire record
and found evidence of both  impropriety  and ineq uity.   The 86 AW/JA's  legal  review  stated the Mental
Health  Clinic  concluded  she was "simply making  excuses" when  she said  she thinks  she has  a sleeping disorder.  However, a memorandum from the Chief of the Mental Health Clinic stated the applicant "has not willfully flaunted AF standards, but rather has a real problem matching her sleeping habits to what the AF of her."   He also gave her a sleep disorder diagnosis.   This memorandum  is not referenced  in or
attached  to the discharge package,  and the Board  found no record  indicating that it was brought  to the
attention of the discharge authority.  The JA review contradicted (without explanation) the written opinion of  the  Chief  of  the  Mental  Health  Clinic.	The  Board  found  that  this  mischaracterization  of material denied the applicant an opportunity to have her issue fairly considered by the discharge authority.
Furthermore, the Board found evidence in the record  and the applicant's testimony showing that her sleep	

disorder  was  a  significant  matter  in  extenuation  and  mitigation  for  nearly  all  her  minor  disciplinary
infractions.

CONCLUSIONS: The Di scharge Review Board concl udes that the discharge action contained a significant and prejudicial mischaracterization of the materi al evidence. In view of the foregoing findings, the Board concludes that  the applicant's discharge should be upgraded as a matter of propriety and equity. Furthermore, the reason for the discharge is more accuratel y described as Secretarial Authority. The applicant's characterization and reason for discharge should be changed to Honorable and Secretaria1 Authority under the provisions of Title 10, USC §1553.

Attachment: Examiner's Bri ef