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AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, l<'IRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION
YES	NO
x

ADDRESS AND OR ORGANIZATION  OF COUNSEi..

MEMBERS SITTING

von:OF THE BOARD
HON	GEN	UOTHC

OTHF:R

D NV
x x x x x

ISSUES
A94.05

llMRING DATE
9 Jan 03

INDEX NUMBER
A67.10

CASE NUMBER
FD2002-03 I 8

EXlllDlTS SllBMITTElJ TO THE BOARD
1	ORDrn APPOINTING THE ROAR D
2	APPLICATION POR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSONN E L FI LE COUNSEL'S RELEASE TO THE ROARD
ADDITIONAL EXHII3ITS SUBMITTED AT TI MF: OF PERSONAL APPEARANCE

TAPE RECOR[)JNG OF PERSONAL Al'l'Efl.ANCE llEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW fJOARLJ LJECISIONAL RATION ALL

REMARKS
Case heard at Wash ington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/withou t counsel, and the right to submit an application to the AFBCMR.

TO:

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

FROM:

DATE:  9 Jan 03

SECR ETAR Y or THE A I R FORCE PERSON N E L COUNCI L AIR FORCE DISC! lARGE R EVI EW 1:30ARD
1535 COMMA N D 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	CASE NlJMBER

FD02-0318	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change the Reason and Authority for discharge.

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

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUE: Applicant contends that her discharge was inequitable because it was too harsh. The record indicates the applicant received two Article 15's for wrongfully possessing alcoholic beverages in the dormitory and willfully failed to remain within the 150-mile radius of Sheppard AFB. She also received two Letters of Reprimand for violating a lawful general instruction by wearing a tongue ring and for dereliction of duty. And, she received a Record of Ind ividual Counseling for dereliction of duty. The applicant had received numerous opportunities to conform, however, her misconduct continued . The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge. The characterization of the applicant's discharge was appropriate due to the misconduct.

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 eq uitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief