PERSONAL APPEARANCE	X  RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRF.SS AND OR ORGANIZATION OF COUNSEL

MEMBERS  SITTING
x x x x

ISSUES	INDEX NUMBER
A94.05, A93.21, AOt.13	A67.10

HEARING DATE
02-08-23

CASE NUMllER
FD2002-0057
3	
LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

Case heard at 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

S    , HBR
550 C STREET WEST, SUITE 40 RANDOLPH  AFI3, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AI R FORCE DISCliARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASlt NUMBER

FD2002-0057	

GENERAL: The applicant appeals for upgrade of di scharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Upgrade of discharge is denied.
The Board finds that neither the evidence of record or that provided by the applicant substantiates an inequity or impropriety that would justify a change of the discharge.

Issues. Applicant was discharged for minor disciplinary infractions. She had three Letters of Reprimand, an Article 15, and an Unfavorable Information File. Member was also placed on the Control Roster. Her misconduct included at least two instances of failure to go, and two incidents of providing false statements or information. Pursuant to an Air Force Office of Special Investigations (AFOSI) investigation, member made a signed sworn statement claiming another military member raped her. After the accused passed an exculpatory polygraph examination and provided other exonerative information, member recanted her statement saying the sexual intercourse had been consensu al. Member subsequently told her supervisors and first sergeant regarding an unrelated incident, in an effort to deceive them, that she had been pregnant and had a miscarriage on a specific date on which she sought treatment. This information was also found to be false. The record reflected member was referred to Wilford Hall Medical Center for suicidal ideation and was determined to have an occupational problem. At the time of the discharge, after consulting counsel, member submitted a statement in her own behalf requesting an honorable discharge. Although member had recanted her rape accusations, in her statement to the discharge authority she still claimed she had been raped but had changed her story for fear of reprisal from the accused and his friends She also noted her desire to receive her G.I. Bill education benefits. The Board noted that member's offenses were serious in nature, and when her misconduct occurred she knew right from wrong and was the same age as other airmen who adhere to the standards. Member was responsible for her actions and was held accountable for them. She was given the opportunity to improve her behavior but failed to respond to those rehabilitative efforts. No inequity or impropriety was found in this discharge in the course of the records review.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed,

Attachment: Examiner's Brief