NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN	
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AIR FORCE DISCHARGE REVIEW BOAR D H EARING RECORD

TYPE GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
t'OVNS»it	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

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VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN	UOTHC	OTHER	DEN Y
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ISSUES	A94.05	INDEX NUMBER	A67.70	i EHllTS SUDMJlTED TO T"1£ :BOARD
AOl.25	1	ORDER APPOINTING THE BOARD
A92.39	2	APPLICATION FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION	I
4	BRIEF OF PERSONNE L FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUHMITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE RECORDI NG OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

05 Ju l 2006	FD-2005-00421
APPLl    T'S ISSIJ:ll AND ms B09'S DECJON..,\(ATIONAL	ii;	ON 'THE ATTACHED AIR l'oltGlitPISea Fv: .W.BOARD DECISIONPi}';'MTIONN-E
Case heard at Washi ngton, 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 A FBCMR

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

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DATE: 711112006	 	

""'"'""''il'l'<NU<	,,.,.,..,,...•.......	·--··""'·	-	-"
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR t'ORCE DISCHARGE REVIEW  BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH AFB, TX 78150-4742	ANDREWS  Al'll, 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-2005-00421	

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 and she was wrongfully accused of using a schedule III controlled substance, Vicodin.  The records indicated the applicant received an Article 15 and Letter of Reprimand for misconduct.  Applicant received a Letter of Reprimand for failure to maintain a proper family care plan, disobeying an order by failing to report for mandatory fitness training and failure to go.  The basis for her discharge action was an Article 15 for wrongful use of a schedule III controlled substance, Vicodin.  Applicant was punished with reduction to the grade of airman, 1 5 days extra duty and discharge from the United States Air Force.  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.  The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on December  18, 2002) that she understood she must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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