AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

lit
PERSONAL  APPEARANCE

GRADE	AFSN/SSAN

AB
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x
x
x

ISSl'ES

A94.53

INDEX NUMBER

A67.90

]	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	CASENVMBER

13Jan 2004	FD-2003-00428

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.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCTL AIR FORCE DISCHARGE 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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE        FD-2003-00428

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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. Applicant was discharged for conduct prejudicial to good order and discipline. The records indicated the applicant received an Article 15, a vacation of suspended punishment, four Letters of Reprimand, a Letter of Counseling, a Memorandum for Record, and had an Unfavorable Information File for misconduct. Her infractions included multiple incidents of failure to go, multiple incidents of failing to obey lawful orders, dereliction of duty, financial irresponsibility, failed dormitory room inspections, domestic violence, and adultery. She had one Enlisted Performance Report rated an overall referral "l" that noted her "nonexistent performance," noncompliance with directives, and unreliability. The DRB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior but was unwilling or unable to do so. The Board concluded her misconduct was a significant departure from conduct expected of all military members and noted applicant was age 20 and 21 when the incidents occurred, essentially the same age as other first term airmen who adhere to the standards expected of them. There was no evidence member was immature or did not know right form wrong, so she was therefore held accountable for her actions. 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 characterization of the discharge received by the applicant was found to be appropriate.

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