AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME  OF SERVI CE  M EM BER  (LAST, FI RST MIDDLE  I NITIAL)	GRADE	AllSN/SSA N
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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COllNSEL	NAMF. OF C:OIJNSl<'.L AND OK OKf;ANIZ,\TIO	AllllHESS ANI> OH. OKf;ANIZATION OF COUNSEL YES	I	Nn
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VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN	UOTllC	OTHER	DENY

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ISSUES	A95.00	INDEX  NllMHEK	A66.00	li:XHIBITS SUBM ITTED TO THE BOARD
AOl.00	I	ORDER APPOI NTI NG THE l:IOARO
2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSON NEL FI LE COUNSEL'S RELEASE TO Tl IE BOAR D
ADDITIONAL  EXHIBITS  SUBMITTED  AT TIME OF PJ:RSONAI , A PPEARA NCE

TAPE RECORDI NG OF PERSONAL  APPEARANCE  HE

H>CMUNG DATE	CASE NllMHER

30 Jan 2007	FD-2006-0026 I
APPLICANT'S ISSIJE AND THf, HOARD'S  DECISIONAL  RATIONAL  ARE DISCUSSED ON TllE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in Washington, O.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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TO,	"'ROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE rERSONNEL COUNCIL
AIR FORCF. DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMM.\NU nw.. I':..: WING :lKn "'LOON.
RANDOLPH AFB, TX 781 50-4742	A:'< DREWS 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-2006-00261	

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.

ISSUES: Applicant received a General discharge for Misconduct--Drug Abuse

Issue 1: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire records and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated the applicant had received an Article 15 for wrongfully usi ng Percocet, a Schedule II controlled substance. She was punished with a reduction in grade to Airman Basic, forfeiture of pay, restriction to Davis-Monthan for 14 days, 14 days extra duty and a reprimand. In addition, the applicant recei ved two Letters of Counseling, three Letters of Reprimand and placed on the Control Roster. Her misconduct included late for duty, lying to and being disrespectful to a Noncommissioned Officer, and a failure to go. The Board 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 Board noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on 24 July 2003) with the understandi ng that 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 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