AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
 	c.q._XJN$!"1"'' - NAME OF COUNSEL AND OR ORGANIZATION

1
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING	llON

GEN

UOTHC

OTHER

DENY
x x x x
x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE

CASE NUMBER

25 Apr 2007	FD-2006-00439

Case heard in Washington, 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 req uest.

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TO:

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

St:CRilTARY Ot' THE AIR t'ORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
IJ COMMAND DR, EE WING, JRD FLOOR ANDREWS At'B, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00439	

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:

Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, a Vacation, three Letters of Reprimand, and a Letter of Counseling for misconduct.  The applicant received an Article 15 for failure to go to her appointed place of duty.  She was punished with a suspended reduction in grade to Airman, forfeiture of pay, restriction to Laughlin AFB for 30 days, 10 days of extra duty, and a reprimand.  The Vacation action was
for failing to refrain from possessing alcoholic beverages other than malt beverages or wine.  As a result, she was reduced in grade to Airman.  Applicant was also administratively disciplined for dereliction of duty, physical fitness examination failure, failure to obey a lawful order, insubordinate conduct towards an NCO, disorderly conduct while under the influence of alcohol, and a charge for public intoxication.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior.  The Board concluded the applicant's 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.

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 equitabl e basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief