AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE GEN	I	PERSONAL  APPEARANCE	x	l	RECORD REVIEW   		 	

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CQi/S,Ep ,,': ; NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
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A94.il A93.0l

- INlJEX NUMBER

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A67.90
1  ORDER APPOINTING THE BOARD

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x
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A94.05	2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION	I
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

06 Jan 2011	FD-2009-00396
cr:ii'.A,1'l'lllcANT'S tssJ'.JE·'A'Nl:l"taE'lJ\'Y$>-R:.t!l. l.f,lt{'i.l!....W....Jr·   ...')10NA:t:B.A     'J'llSCOSSED ON THE ATtA:Cl-IEl:l Aill:'-FOlfCE'!5!$1-W:'il.U.  li:R]vtmv•if.oxRl5 D'ECiSIONXL'RATIONALE,    i	;
Case heard in Washington, D.C.

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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.

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TO:

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

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

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 edition will be used

 	

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER
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FD-2009-00396	
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GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declincl:i 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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, two Letters of Reprimand, two Records of Individual Counseling and four Memorandums for Record for misconduct.  The misconduct included underage drinking, unauthorized male personnel in the dormitory overnight, extramarital affairs, two false statements to a Senior Non­ commissioned Officer, and having marijuana fragments in her car.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change her negative behavior.  The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions she mad¢ in her Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his three years of service was unaware of the Air Force policy of zero toleranc¢ to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate.

Issue 3. Applicant contends she was targeted and that her First Sergeant was determined to get rid of her; There was no evidence in the record or provided by applicant to substantiate this assertion. Therefore nd impropriety or inequity was found during the records review.

Issue 4. Applicant infers that she should not be penalized indefinitely for mistakes she made when young, The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence she was immature. The Board opined the applicant was older than the vast majority of first-ter 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 thei 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