AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

'  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

··;•121dl llllJ llt•

AMN

E  11•

TYPE GEN

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZA TJON

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67. 10

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 APPERANCE

HEARING DATE	CASE NUMBER

17 Dec 2003	FD-2003-00304

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•.

SAF/MRBR
550 C STREET W ST  VITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR  FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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 NUMBER

FD-2003-00304	

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 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 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: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant was habitually late to work or failed to go and received an Article 15, a vacation of suspended punishment, four Letters of Reprimand, three Records of Individual Counseling, and four other memorandums documenting her misconduct. In his recommendation letter, applicant's commander stated that her repeated misconduct was negatively impacting unit morale. At the time of the discharge processing, applicant consulted counsel and submitted a statement requesting retention, or in the alternative, an honorable discharge. Additionally, the discharge was delayed to resolve some medical issues. The records reflected applicant was evaluated for a sleep disorder, but her sleep studies were inconclusive and ultimately a sleep disorder was ruled out and it was determined her habitual lateness was volitional. Furthermore, applicant was found to have an adjustment disorder with depressed mood, which would also have rendered her subject to administrative discharge. The DRB opined that through the unit's myriad administrative actions, the applicant had ample opportunities to change her repetitive, negative behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members, and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

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