AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

AIC

AFSN/SSAN
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TYPE GEN

I	PERSONAL  APPEARANCE

x l	RECORD REVIEW

COUNSEL   · ···  NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

MEMBER SITTING
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ADDRESS AND OR ORGANIZATION  OF COUNSEL

I>	VOTEOFUIEBl>ARJI
HON	GEN	UOTHC	OTHER	DENY	I
x

x

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n

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t->	'

x

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SSUES	A92.21	INDEX NUMBER	A67. 10 A92.03
A94.05 A93.21

EXHIBITS SUBM.Wl'ED IIO THE BOAIID
1	ORDER APPOINTlNG THE BOARD
2	APPLJCA TION 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

03 May 2006	FD-2005-00347
APPLICANT'S ISSUE AN'J) 11!E BOARD'S OECIS!ONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD OECIS!ONAL RATlONALE

Case heard at Wash ington, 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.

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------ --- --	• INDORSEM.lllNT	--- - -- --- --- -- ----- --- --- -- --- --- --DAf' '.E.__: 5/151_2006	_
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TO:

SAF/MRBR
550 C STREET WEST. SUITE 40 RANDOLPH AFB, TX 78I 50-4742

mo-

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AlR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, 3RD 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-2005-00347	

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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  She contends most of her time in the service was spent struggling with an undiagnosed medical illness.  The records indicated the applicant received an Article 15 for slapping another airman on the face with an open hand and punched the airman in the face with a closed fist, throwing a fire extinguisher through a dormitory window and for being drunk and disorderly.  Applicant also received three Letters of Reprimand (LOR) for misconduct.  The first LOR was for failure to attend a scheduled appointment resulting in program manager calling her home only to find out she was still asleep.  Member reported an hour and a half late for appointment.  The second LOR was for lying to the first sergeant.  Her third and final LOR was for being late to work, after arriving to work she left for 50 minutes to get something to eat, returned to duty and was found sleeping on duty.  The DRB reviewed applicant's medical records and determined there was no correlation between her abdominal pain and misconduct.  Applicant had the ability to know right from wrong.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior.  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.

Issue 2.  Applicant states that her discharge did not take into account the good things she did while in the service. The DRB took note of the applicant's duty performance as documented by her performance reports, awards and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 3.  The DRB was impressed with the applicant's post service accomplishments including work and education.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in her discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized her term of service.

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

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