AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

AFSN/SSAN

AB

X	RECORD  REVIE

ADDRESS AND OR ORGAl'llZAT!O'>' OF COUNSEi.

MF,MRF R    ITTIN(;

x x x

ISSllF'.S

b

.

A94.05

INDEX NUMBER

A66.00

x

1 OR DER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER Of NOTJFJCA TION
4 BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE l:lOARD
ADDITIONAL EXHIBITS SUHMITTED AT TIME OF

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HE:ARING DA-.;:;;    -------,-C-A_S_ N-lJ111E-  --------- -----+--t------------------·----

01 Dec 2009	FD-2008-00403

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a persona l  appearance with/without counsel, and the right to subm it an appl ication to the AFBCMR.

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

TO:	FROM:
SAF/MRHR
550 C STREET WEST, SUITE 40 RA N DOLPH AFB. TX 78J 50-4742

Sf:CRETARY Of THI;; AIR FORCE PERSONNEL COUNCIL AIR fORCE: DISCHARGE R:VIEW BOARD
l:<J!i COMMAND DR, EE WING, JRD FLOOR
ANDR• ws AFB, MD 207<i2·7001

AFHQ t"ORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00403	

GENERAL:  The applicant appeals for upgrade of discharge to general.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

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, the applicant contends her discharge was inequitable because it was too harsh. She contends upon returning from Iraq, she suffered from Post Traumatic Stress Disorder and Bipolar Disorder. As a result, she suffered from depression and started using alcohol and cocaine. The records indicated the applicant received a Special Court Martial for wrongful use of cocaine.  She was punished with a reduction in grade, forfeiture of pay and restriction to Nellis AFB for two months. After a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in her three years of service she was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negative aspects of the willful miscond uct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulati on and was  within the discretion of the discharge authority and 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief