AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AIC

X

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

YES

No
x

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MBER SITTING	HON	GEN	UOTIIC	OTHER	DENY	
						x	
						x	
						x	
						x	

ME	.--"-	-

x

2

3

4

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

10 Mar 2009

CASE NUMBER

FD-2008-00034

APPLJC,\Nl''SJSSlJE AND 11lllBOARD'S DECISIONAL RATIONALE ARE DISCUSSEPON tl!E ATIACl!El)Mlt'QlDJSCIL\R.GJil RE\llEWBOA!IDDBOS!()NAL RATIONALE.

ISSUES

A93.22
A93.34 A94.12 A92.00 A92.40 A93.16

INDEX NUMBER

A67.90
A66.00

•	1 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION

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 AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

X - Upgrade and Reason for Discharge

FROM:

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

SECRETARY OF THE AlR FORCE PERSONNEL COUNCIL
AIR FORCE DISCIIARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 10762·7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00034	

GENERAL:	The applicant appeals for upgrade of discharge to honorable and to change the reason for discharge.

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 and change of reason for discharge are 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.  The applicant contends that she had a medical excuse for being AWOL.  The record shows that the applicant, in her response to her Article 15, stated that her leave had expired and she was still at her leave location.  Because she had three off-days following her leave, she decided to remain at her leave location.
The applicant called her supervisor when she was unable to return.  She was directed to report the nearest military installation for evaluation; where she was apprehended.   The record indicates the applicant received an Article 15 for absenting herself from her place of duty from 8-13 Mar without authority and with the intent to deceive signed an official record selecting a no change in section III, part A which was known by her to be false.  The Board found no evidence that would warrant an upgrade of the discharge.

Issue 2.  The applicant contends that she was falsely accused of drug use by two individuals with definite motives to destroy her life; but passed drug test.  The record indicates that the applicant received an Article 15 for wrongful use of marijuana on divers occasions between  1 May 97 and 1 Jul 98.  The Board found no evidence in the record to mitigate the applicant's contention and none was provided by the applicant.  The Board concluded the discharge was appropriate.

Issue 3.  Applicant states that her discharge did not take into account the good things she did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.   They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and concluded the discharge characterization and reason for discharge to be appropriate.

Issues 4 thru 6. The applicant contends that there was resentment towards her desire to separate from the Air Force, that her time at Offutt AFB was filled with injustice and racism (she was victim ofracism by her supervisor and her commander stated that she was guilty of marijuana usage because she would not go for a court-martial). The applicant offered no evidence that each of her infractions was a result of racial discrimination or personality conflict or that it affected the characterization of her discharge. The Board found the discharge was procedurally proper and equitable and no change is warranted.

The Board highly recommends that if the applicant can provide additional documented information to substantiate her issues, she should consider exercising her right to make a personal appearance before the Board.  Should she choose to exercise this right, the applicant must be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.