AIR FORCE DISCHARGE REVIEW BOARD HEA RI NG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDU INITIAL)

GRADE

AFSNISSAN

TYPE GEN

A I C
I	PERSONAL   APPEA RANCE	x	I	RECORD   R EVIEW

1- co l'N_SEL_ NAME OF COlir\SEL Ar-'D OR ORGANIZATION
YES	:"<o
x
MEMBER SITTING

-

-

-

-

ADDRESS _.\    n OR ORG_.1,1\'fZA TION Of COUNSEL

VOTE OF THE BOARD
-HON_	GEN-r uoTl lC -- OTHER -- _D_EN_ _ _

x
x
x x x

ISSUES

A94.05 A93.09
A93.ll

INDEX l' TMBER

A67.10

EXHIBITS  SLBMITTED TO THE  BOARD ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVI EW OF DISCHARGE

A93.21

3	LETTER OF NOTI FICATI ON
4      RR I Ef  OF PERS01'1'EL FILE 	
•	COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EX\ llBITS SUBMITTED AT TlME OF PERSONAL APPEAR ANCE
TAPE RECORDING OF PERSONA L APPEAR ANCE

llEARl'.\lG   DATE	CASE NU-"IUER

15 Jul 2005	FD-2004-00483
APPLTCANT"S ISSUE Ai"IDTHE BOARD'S DE(:!SlONAL RATJO AL ARE DISCUSSED UN THE ATTACflliD AIR FORCE DISCHARGE REVIEW BOARD DECISIO"NAL RATIONALE
-	-	'	-	-
Case heard at Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appea rance with/without counsel, and the right to submit an application to the AFBCMR.

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

/

TQ,

.	INDORSEMENT

FROM:

---···-· -----

DATE: 7/1412005
---------------·----------·--

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY-OF TH.E AIR FORCE PERSONNEL COU-"CIL
AIR FORCE DISCHA'JtGE REVIE\.V BOARD 1535 C0!\1MAND DR, f.F: WING, 3RD FLOOR ANDRE\VS   AFB,  '.\.10   JOi62-1002

AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous ed it i on \Vil! be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CA.SE Nlli\'IBER

FD-2004-00483

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined to exercise this right.

The attached brief contains available perti nent 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 she was denied the right to have probation and rehabilitation. She also contends that she had incompetent counsel. The records indicated the applicant received an Article 15, four Letters of Reprimand, three Letters of Counseling, four Records of Individual Counseling, four Verbal Counseling' s, and two Memorandums for Record for various acts of misconduct to include financial irresponsibility, being late for appointments and to work, missing  appointments,  not wearing the proper uniform, dereliction of duty, and lack of responsibility concerning a Family Care Plan. The ORB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior. Each of these 18 actions constitutes a rehabi litation action. The applicant did not complain about her appointed military counsel during her discharge, but makes a claim now that her counsel was ineffective. This issue is without merit. The applicant also states that she was diagnosed with major depressive disorder, a panic disorder, and Post-Traumatic Stress Disorder.  However,  this  diagnosis  was given to her in December of 2002, six years after she left the Air Force.  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 withi n 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