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

PERSON AL APPEARANCE

NAME OF COUNSEL AND OR ORGANl1.AT10N
No
x

HON

ISSUFS

A93.0l A67.03 A00.29

INDEX NUMBER

A93.0I

ORDER APPOrNTf NG THE BOARD
2  APPLICATION FOR REVIEW 01' DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL Fil .E
EL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RCCORDrNG OF PERSONAi- APPEARA NCE HEAR1NG

HEARING DA n:

CASE NUMBER

24 Jun 2010	FD-2009-00115

Case heard in Washington, D.C.

Ad vise 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 availabl e to the applicant at the appl icant's req uest.

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

SECRETARY OF ll!E AIR FORCE PERSONNEL COUNCii. AIR FORCE DISCllARGF: REVIEW BOAR!>
1535 COMMA NO DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

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

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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASf: NUMBER

FD-2009-00115	

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.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUES:

Issue 1. Appl icant contends her youth and uncertainty contributed greatly to her misconduct. The record indicates the applicant received a General discharge for misconduct, namely a civilian conviction. She also had other indicators of misconduct to include a Letter of Counseling, and two Letters of Reprimand. The Board concludes that the misconduct was a significant departure from the conduct expected of all military members. The Board relies on the presumption of regularity and finds the characterization and reason for discharge were appropriate.

Issue 2.  Applicant notes the good things she did while in the service. The DRB took note of the applicant's duty performance as documented by her performance reports and other accomplishments.  They found the seriousness of the willful miscond uct offset any positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 3. The DRB recognized the fact that the applicant had served 4 years total service before the discharge was initiated, but concluded the applicant's misconduct outweighed the positive aspects of her time in the Air Force. Applicant contends that she should not be penalized indefinitely for a mistake she made when young. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence she was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization  of the applicant's discharge was appropriate due to the misconduct.

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 detem1ines the discharge should remain unchanged.

Attachment: Examiner's Brief