AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

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AlC	·--------------.

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TYPE  UOTH	X	PERSONAL  APPEARANCE	RECORD REVIEW

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Ji   <      NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
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MEMBER SITTING

llON

GEN

UOTHC

OTIIER

DENY
x

ISSUES

A92.21 A94.05

INDEX NIJMBER	A67.30

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x
x
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2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BR IEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE R ECOR DING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE  NllMBER

06 Mar 2007	FD-2006-00370

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR Names and votes will be made availa ble to the applicant at the applicant's request.

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TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW llOARll
1535 COMMAND  DR, EE WING, 3RD FLOOR
ANill<l WS Arn, Mil 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-2006-00370	

GENERAL:   The appl icant appeals for upgrade of discharge to honorable, change the reason  and authority for the discharge, and to change the reenl istment code.

The appl icant appeared and testified  before the Discharge Review Board  (ORB), without counsel , at Andrews AFB on 06 Mar 2007.

The following add itional exhibits were submitted at the heari ng: Exh i bit #6: Four character letters
Exhi bit #7: College transcri pt

The attached brief contai ns avai lable perti nent data on the appl icant and the factors lead ing to the discharge.

FINDINGS:    Upgrade  of  discharge,  change  of  reason  and  authority  for  d ischarge,  and  change  of  reen l istment code are  denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an ineq uity or impropriety that would justify a change of discharge.

ISSUE:  Applicant contends her discharge was ineq u itable and did not consider the good aspects of her service. The applicant  was  discharged  with  a UOTHC  character  of service  for comm ission  of a  serious offense  that
resulted  in a felony conviction  i n civil ian court and a sentence that incl uded three years in jai l.   ln testi mony she	
attri buted her miscond uct to immaturity and falling in with the wrong crowd but accepted  responsi bi l ity for her cond uct. She states another m i l itary mem ber was also invol ved i n the criminal activity but was not discharged. An i nvestigation report present i n the personnel fi le ind icates  this i nd ivid ual  was  not  charged  following completion of an investi gation by civi l ian law enforcement authorities and the A i r Force Office of Special Investigations. Evidence of the investigati ve  report  shows that the appl icant pl ayed  a key  rol e i n  the crimi nal cond uct and in testi mony she states that she pi ed gu i l ty regard ing her invol vement at the time of c i v i l ian court proceed i ngs. The personnel fi le contai ns no documentation reflecti ng duty performance other than two Letters of Reprimand (February 26, 2001 and  Novem ber 6, 2001 ) for failure  to  be  at her  place  of  work  at the  appointed time, l ack of accountabi l ity, and fai lure to perform assigned tasks, and an undated e-mai l memo for record by a supervisor detail i ng numerous specific incidents of unsatisfactory performance during February, March and Apri l 2001. The Board concluded the m iscond uct was a significant departure from conduct expected  of  all  mil itary members.   The characterization  of the d ischarge received  by the applicant was found to be appropriate.

The applicant submitted  character letters ind icating the appl icant has turned her l ife around since release from
incarceration includ ing employment, attendance at school and becomi ng a mother.  The ORB was pleased to see that the applicant was doing well, however, no inequity or impropriety i n her discharge was suggested or found in the course of the hearing.

CONCL USIONS:  The  Discharge  Review  Board  concludes  that   the   d i scharge   was   consistent   with   the proced u ra l   and  substantive  req u irements  of  the  d ischa rge  regulat i on  and  was  wi t h i n  the  discretion  of  the d ischarge authority and that the applicant was provided  full administrati ve due process.

In view of the foregoing find ings the Board further concl udes that there  exists no l egal or equi ta bl e basis for upgrade of d ischarge, thus the appl icant's d ischarge shou I d not be changed.

Attachment: Exami ner's Brief