AIR FORCE DISCHARGE REVIEW BOARD HEA RING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

SGT

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AFSN/SSAN

TYPE  UOTH     x	I	PERSONAL APPEARANCE	I	RECORD  REVIEW
. ¢g.IJNS,Ei, ···..       NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS   AND  OR  ORGANIZATION    OF  COUNSEL
YES	No
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MEMBER SITTING

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ISSUES	A93.09	INDEX   NUMBER	A70.00	: >·.···	...• .  EXJIJ81;£$:$M.i')Jjl'f: olQTHE BoA(tD	> ·. .  :
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOT!FICA TION
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

17 Nov 2005	FD-2004-00473
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Case heard at Washi ngton, D.C.

Ad vise appl icant of the decision of the Board and the right to subm it an appl ication to the AFBCMR Names and votes wi l l  be made avai lable to the applicant at the appl icant's req uest.

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INDORSEMENT	DA'fE:  ll\><i.1Mv05

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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, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  AFB. MD 20162-1002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2004-004 73	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant  appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 17 Nov 2005.

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 discharge . was inequitable because, as she states it, "I was forced to be discharged Under Other Than Honorable Conditions due to lieu of Court Martial", and, as another issue, she states that she obtained the HIV Virus and had been sexually abused more than once and believes she deserves compensation for the facts. The records pertaining to the applicant's discharge are missing from the records. However, the records which are available do reflect the applicant was discharged at her own request in lieu of a trial by court martial for using illegal drugs to include amphetamine, cocaine, heroin, LSD, methamphetamine, opium, phencyclidine, and secobarbital, even though the applicant denied during her testimony to the Board that she had ever used any of these drugs. Since the discharge documents are unavailable and lacking any evidence to the contrary from the applicant, the Board relied on the presumption of regularity and found the discharge and characterization of service proper. The applicant's issue about being forced to be discharged is without merit as the member chose this route instead of proceeding to a court martial. In regards to the issue of being sexually abused and obtained the HIV virus, the Board recognized the member had personal and medical problems which may have created stress in her life; however, this does not explain or excuse her apparent illegal use of drugs. 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