'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
'.I/AME OF SERVICE MEMBER (LAST, FIRST MlllDLE INITIAL)	GRADE

AIC

RECORD REVIEW

YES	!llo
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

ISSU ES

A94.53

INDEX NUMBER

A66.00

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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

H'F..ARlNG DAIT	CA.SE  NUMBER

17 Nov 2004	FD-2003-00553

Case heard at Randolph AFB, TX, via video-teleconference with Andrews AFB, MD.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR

r. ···················-	- --··················-L.............<J.............................;.	1

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 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-2003-00553	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant appeared without counsel and testified before the Discharge Review Board (DRB) at Ra. AFB TX, y. ia v1ida(eo-teleconference with Andrews AFB, MD, on November 17, 2004. Her mothelso testified.

Exhibit 5:
Exhibit 6:  Letter fro
September
Exhibit 7:  Letter from	ice President of Nursing at Sparks Regional Medical Center, dated October 11, 2004
Exhibit 8		egional Medical Center Patient Survey, Undated. Exhibit 9:	as Tech University Transcript dated December 22, 2003
Exhibit 10:            Tech University EMT Certificate dated December 18,'2003

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of reenlistvient code are denied. The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that woujd justify a change of discharge, change of reason and authority for di.scharge, or change of reenlistment co<Je.

ISSUE: The aplicant received a general discharge for misconduct (drug abuse) and testified that although she was told thai her discharge was for misconduct and assumed it would be for drug abuse, she was never ,­ specifically told it wou)d be for drug abuse, that she was overwhelmed and didn't realize the ramifications, and that she;misses and would like to reenter the military. The Board noted that the applicant's testimony and records reveal that she disclosed in a sworn statement to the Ft. Huachuca Crime Investigation Division that she had used the hallucinogens MOMA (Ecstacy) and LSD. Her records also reveal that she waived her right to consult counsel and did not challenge the decision or characterization of her discharge in her response to her commander's notification of discharge recommendation. The Board concluded the misconduct was a significant departure from conduct expected of all military members, that no inequity or impropriety in her discharge was suggested or found in the course of the hearing, and that the discharge was appropriate for the reasons which were the basis for this case.

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