AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE

AMN
x	RECORD REVIEW

AFSN/SSAN

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY

x

x

ISSUES

AOl.13

INDEX NUMBER

A66.00

x x
x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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	CASE NUMBER

01Jul 2009

FD-2008-00239

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.

JTDI;"  nli' un a. on PVtnl<NT	f

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

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00239	

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:

Applicant contends discharge was improper because she never knowingly took illegal drugs while on active duty.  The applicant received a letter of reprimand for possession of an illegal narcotic.  She was then discharged for drug abuse.  The applicant provided a statement to the AFOSI at the time of the investigation stating that while she was at a nightclub, a person offered her and a friend a substance that she assumed was a drug.  In her statement to the AFOSI, the applicant stated that the individual who gave her the substance assured her it would be out of her system within a day and that it would relax her.  She stated she didn't know exactly what she was given but assumed it was a drug because of the environment she was in.  After taking a sip, she spit it back out.  This statement to the AFOSI does not support the applicant's contention now that she never knowingly took a drug or that she assumed the substance was vodka or gin.  The Board
concluded that the negative aspects of the applicant's service outweighed the positive contributions she made in her short Air Force career.  The characterization of the discharge received by the applicant was found to
be appropriate.

Ifshe can provide additional documented information to substantiate an issue, the applicant should consider exercising her right to make a personal appearance before the Board.  Ifshe should choose to exercise her right to a personal appearance hearing, the applicant should 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.

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