.
A IR FORCE DISCHARGE  REVIEW BOARD HEARI NG RECORD
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ITIAL)

TYPE GEN

PERSONAL APPEA RANCE	x
I	I

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RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x

x

!

x
ISSUES	A94.05	INDEX  NUMBER	A67.90	EXHIBITS SUBMITTED TO THE BOARD
I	OR DER APPOINTING THE BOAR D
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECOR DING OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER

06 Jul 2005	FD-2004-00090
APPLICANT'S ISSUE AND THE BOARD'S DECISION AL RATIONAL ARE DJSCUSSED ON THE ATTACHED AIR FORCE DJSCHARGE \lEVIEW  BOARD DECISIONAL RATIONALE

Case heard at Washi ngton, D.C.

Adv ise appl icant of the decision of the Board, the right to a personal appeara nce with/without counsel, and the right to submit an applicat ion to the AFBCMR.

Names and votes will be made available to the applican t at the appl icant's req uest

Sl!;li::l  llSE orDEllEE	•

1     .. .",_ " . .... . . ;z;:

I		I 	
INDORSEMENT	DATE: 7/6/2005
TO:	FROM:
SAf /MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH A FB, TX 78150-4742	ANDREWS   AFB,  MD  20762-7002

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous ed ition will be used

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUJ\IBER

FD-2004-00090	

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

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 and change of reason and authority for discharge are denied.

The Board finds that neither the evidence of record nor that  provided  by  the  applicant  substantiates  an inequi ty or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was completely unfounded. The records indicated the applicant received two Letters of Reprimand for failure to go and for failure to wear a seal belt; and for lying to her first sergeant about living in the dormitory. The applicant refused to return from leave, lied to her supervisors, refused treatment from Life Skills and expressed a continued desire to  shirk her military obligation. 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