AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE

x	RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY

x

x x

ISSUES

A94.55

INDEX NUMBER

A67.30

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

08 May 2012	FD-2009-00024

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.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78!50-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2009-00024	

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 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.
ISSUE: Applicant received a General discharge for Misconduct - Civilian Conviction

Applicant contends discharge was inequitable because it was too harsh.  She states the statements she made to the Japanese interpreters were translated inaccurately and falsely led to her conviction.   The records indicated the applicant was found guilty of use of a stimulant at or near Camp Foster Okinawa, Japan and cultivation of marijuana in her residence on Camp Foster, Okinawa, Japan.  The applicant was sentenced to one year and six months imprisonment with hard labor, suspended for three years.  Additionally, the applicant met an administrative discharge board at Kadena Air Base, Okinawa Japan on January 29, 2002. The administrative discharge board considered the allegations and found the allegations were supported by the evidence.  The DRB found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 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