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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

.   NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE  GEN	PEJlSONAL  APPEARANCE

AB
x	RECORD REVIEW

1 · 1nWHL

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZA TiON OF COUNSEL

-  MEMBER SITTING
r ·------------------------------- .

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 NOTIFJCA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ('ERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

30 Apr 2004	FD-2004-00047

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 Am FORCE PERSONNEL COUNCIL Am 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-2004-00047	

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:

Issue 1. Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant received two Articles  15, a Letter of Reprimand, and two Records of Individual Counseling for misconduct. Her infractions included leaving the local area without permission or being on official leave, failing to go to her place of duty, failing to remain in her quarters while on bed rest due to a complicated pregnancy, speeding at 40 miles per hour in a 15 mile per hour zone, and accepting numerous collect phone calls from her husband on a government telephone and then lying about it.  She also had two Enlisted Performance Reports that were both rated overall referral "3" and documented her various disciplinary problems.  The DRB opined that through the unit's many administrative actions, the applicant had ample opportunities to change her negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  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