AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAMl'. OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIA L)	GRADE

AFSN/SSAN

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C-O-IJ-NS.E-L- , NAME  OF COUNSEL  ANll OR ORGANIZATION

Al>l>R>:SS ANll OR ORGANIZATION Ot' COUNSEi,

YES	No
x

VOTE OF TI:lE BOARD

MEMBER SITTING	HON
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GEN	UOTHC

OTHER	DENY

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x

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ISSUES

A92.0I A94.0S

INDEX NUMBER

A94.07	EXHIBITS SUBMITTED TO,'.f1Jl0ARD
ORDER APPOINTING THE BOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO TllE HOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

30 Jan 2007	FD-2006-00167
APPLICANT'S ISSIJI! AND THE BOARD'S DECISIONAL AA'rlONAL ARJ:l DISCUSS!lD ON THI! ATTAOIED Al:R FORCE DISC.HARQE REVIEW llOARD DECISIONAL RATIONALE

Case heard i n 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 avai l able to the appl icant at the applicant's req uest.

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TO:

SAF/MRBR
550 C STREET WEST, SU ITE 40 RANDOLPH  AFB, TX 781 50-4742

FROM:

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE Rli:Vlli:W BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ  FORM 0-2077, JAN 00	(EF-V2)	Previous edition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00167	

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

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 . Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh and was unfair due to lack of circumstantial evidence.  The records indicated the applicant had been charged with wrongful use of marijuana and making a false official statement.  As a result, she requested an administrative discharge in lieu of a court martial.  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 states that she was a good airman and would not have intentionally jeopard ized her career to use drugs.  The DRB took note of the applicant's duty performance as documented by her performance reports and other accompl ishments.  However, the Board 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.

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