TYPE GEN

YES	No
x

AIR FORCE Dl """lARGE REVIEW BOARD HEARING RECORD
ITIAL)

PERSONAL  APPEARANCE	x	RECORD REVIEW
,  NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A42.00 A93.21

INDEX NUMBER

A67.90

1	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

HEARING DATE	CASE NUMBER

14 Jun 2005	FD-2004-00425

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.

Names and votes will be made available to the applicant at the applicant's request.

TO:

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

FROM:

SECRETARY OF TlIE 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-2004-00425	

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 that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify  a change of discharge.

ISSUE:   Applicant contends that based on a mental evaluation she was in no shape to deploy and her commander continued to push her by giving her paperwork for everything she did wrong and in some cases, uncalled for which caused more stress and problems in the work center.  The records reflect the applicant received a general discharge for a pattern of misconduct--conduct  prejudicial to good order and discipline, and mental disorder.  Her misconduct included an Article 15 for false certification of AF Form 3616, Daily Record of Facility Operation, and failing to remain awake and alert while on duty and one Letter of Reprimand for willfully attempting to avoid deployment.  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.

The Board noted the applicant's notification for separation contained misconduct which occurred during her first enlistment and should not have been included. This error was considered as a harmless error and would not have prejudiced the applicant and, therefore, would not have resulted in a different outcome.

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