AIR FORCE DISCHARGE REVIEW BOARD HEARI NG RECORD

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

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TYPE  G EN

I	PERSONAL    APPEARANCE	x	I

RECORD

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REVIEW

YES	No

NAME  OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

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x

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MEMBER  SITTING	!ION

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A94.53

INl>EX  NUM8F.R	A67.90	EXHIBITS SUBMITTED  TO THE   BOARD
I	ORDER APPOINTING Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISC! IARGE
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3	LETTER OF NOTIFICATION
4	BRI EF OF PERSON N EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IHITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE
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HF.ARING DATE	CASE NUMBER

06 .Feb 2007	FD-2006-0031 6
APPLICANT'S ISSUE ANl) THE BOARD'S DECISIONAL RATIONAL ARF. DISCUSSED ON THE AlTACHE[) AIR FORCE DISCHARGE REVIEW BOARD DF.CTSTONAL RATIONALE

Case heard  i n Washington,  D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel , and the right to subm it an appl ication to the A FBCMR

Names and  votes wil l  be mad e available to the applicant at the appl icant's req uest.

- - -- -_...... - -- - -- - -- - - - -- - -- - -- - -- - --'- - -- - --·- -- - -- -- - -- - -- - -- - -- - - - -_/_ - - -- - -- - -- _ fl _ - -- - -- - -- - - - -- - -- - -- - ------
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INDORSEENT	DATE:    2/8/Z007

TO:

SAr/MRBR
550 C STREET WEST, SUITE 40
RANDOLPll A FB, TX 781 50-4742

t'KOM:

St:Cr<t:TAllY OF THF. Alll FOllCE PERSONNEL COUNCIL AIR F011.n; PISCHAHGE llF.VTEW BOARD
15J5 COMMAND UR, F,E WING, 31lD FLOOR ANDllEWS AFB, MD 20762·7002

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AFHQ FORM 0-2077, JAN 00	(Ef -Y2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00316	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough revi ew of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had received three Articles 15, two Vacations' and a Letter of Reprimand for misconduct.  The applicant's first Article 15 was for having sexual intercourse with a married man.  She was punished with a suspended reduction in grade to Airnmn First Class, forfeiture of $400.00 pay for two months, and a reprimand.  The applicant received a Vacation action of the suspended reduction in grade for causing damage to a passenger vehicle by scratching it with a key.  The second Article 15 was for damaging a screen door and screen; scratching the vehicle of another airman with a key; and scratching another airman on the arms, chest and face with her fingernails.  She received a suspended reduction in grade to Airman, restricted to Dover AFB for 30 days which was deferred until November 21, 2005.  The applicant received her second Vacation of the suspended reduction in grade to Airman for failing to obey a lawful order by contacting another airman (the married man from the first Article 15).  Her final Article 15 was for failure to obey a no-contact order and driving in a reckless manner.
She received a reduction in grade to Airman Basic and a reprimand.  Applicant also had misconduct in
which she was administratively discipl ined for failure to obey a no-contact order, dorm room infractions, and for being in a government vehicle as a passenger and driving outside of the limits of base.  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 appl icant 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 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