;--   NAIE OF SERVICE I\tEMBER (LAST, FIRST MIDDLE INITIAL)

.G•RADE

AFSN/SSAN

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

,

TYPE

PERSONAL  APPEARANCE

x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	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

l	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

HEARING   DAH	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

08 Oct 2003	FD-2003-00309

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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 WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

------------------------------ -------------------------- ''

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
153S 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	CASE NUMBER

FD-2003-00309	

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 1. Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant received an Article 15, vacation of suspended punishment, a Letter of Reprimand, and had an Unfavorable Information File.  She was also placed on the Control Roster.  Her misconduct included making two false official statements, and failing to go to her place of duty three times.  At the time of the discharge, member consulted counsel and waiver her right to submit statements on her own behalf.  The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change her negative behavior but was unable or unwilling to do so.  The Board concluded her misconduct was a significant departure from conduct expected of all military members.  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.  Thus, the characterization of the discharge received by the applicant was found to be appropriate.

If she can provide additional documented information to substantiate an issue, the applicant should consider exercising her right to make a personal appearance before the Board.  Ifshe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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