AIR FORCE DISCARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB
RECORD REVIEW

YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC
x x x

x

OTHER

DENY

x

ISSUE.S

A94.06

INDEX NUMBER

A67. 10

I	ORDER APPOINT!NG 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 RECORDINO OF PERSONAL APPEARANCE

HEARJNG DATE	CASE !'\UMBER

14 Sep 2004

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

----- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- ----------

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

SECRETARY OF THE AIR FORCE PERSONf!."EL COlJNCIL
AIR FORCE DISCHARGE REVIE\\' BOARD 1535 COMMAND  DR,  EE WING, JRD  FLOOR ANDRE"''S  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 NUl\·IBER

FD-2004-00127	

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

The applicant appeared  and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFDB, MD on September 14, 2004. The following witness also testified on the applicant's behalf:
pplicant's friend.

The following additional exhibits were submitted at the hearing: Exhibit 5: A Family Advocacy packet with I 08 pages.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board grants partial relief. The Upgrade of discharge to honorable is  approved. However, the reason and authority for discharge, and change of reenlistment code are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article l 5s, and two Letters of Reprimand for misconduct, all relating to problems she was experiencing with her ex-husband. It was clear to all the Board members that the applicant was a victim of domestic abuse, the extenuating legal, financial, and emotional circumstances of which directly affected her capability to serve. The DRB noted that the applicant's exceptional job performance. Further, the Board took into consideration the apparent friendly relationship between the applicant's ex-husband and her First Sergeant. While the Board does not condone the applicant's misconduct, the board found the characterization of the discharge received by the applicant to be inequitable.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and should be changed under the provisions of Title 10, USC 1553.

Attachment: Exiyniner's Brief