AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

EEAREVG DATE 
22 JUL 03 

CASE NUMBER 
FD2003-00019 

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REMARKS 

Case heard at Washington, D.C. 

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2  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITED AT  TIME OF 
PERSONAL APPEARANCE 

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/  TAPE RECORDMG OF PERSONAL APPERANCE HEARMG 

Advise applicant of the decision of the Board and the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781504742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 C O W D  DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00019 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  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 applicant substantiates an inequity 
or impropriety that would justifl  a change of discharge. 

Issues.  Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to her 
request to be discharged in lieu of trial by court martial, apparently for a drug related offense.  Additionally, 
member had an Article 15 in the same enlistment for absenting herself from her unit for 5 days.  At the time 
of the discharge, member submitted matters indicating her spouse has been prosecuted and convicted of 
marijuana possession, and she had been drawn into his criminal activity because of her love for him. 
Another letter indicates member was "inadvertently involved" in an incident, apparently related to her 
spouse's illegal activities.  Nevertheless, the Board concluded member's apparent misconduct was 
incompatible with Air Force standards and an extremely significant departure fiom conduct expected of all 
military members.  Member would have been well aware of the Air Force's zero tolerance policy for drug 
abuse.  For the period of service under review, her misconduct was sufficient reason for receiving a 
UOTHC discharge.  The Board further notes that applicant voluntarily submitted her request for discharge 
in lieu of trial by court martial, thus not attempting to establish her innocence or present her extenuating or 
mitigating factors.  In doing so she acknowledged that under these circumstances her characterization of 
service could be deemed under other than honorable conditions in accordance with discharge regulations, 
wherein airmen so discharged usually do have their service characterized as UOTHC.  Furthermore, since 
the discharge documents are not available for review, and lacking any evidence from the applicant to the 
contrary, the Board must rely on the presumption of regularity and found no wrongful action by the Air 
Force, and finds the discharge proper and without basis for upgrade. 

If she can provide additional documented information to substantiate an issue, the applicant should consider 
exercising her right to make a personal appearance before the Board.  If she 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 and 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AMN)  (HGH AlC) 

MISSING DOCUMENTS AND MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr USAF 30 Nov 95 UP AFI 36- 
3208, Chapter 4  (Discharge in Lieu of Court Martial).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Oct 73.  Enlmt Age: 19 0/12.  Disch Age: 22 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-45,  G-41,  M-21. PAFSC: 3A031 -  Information Management 
Apprentice. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 24 Oct 92 -  11 Jan 93  (2 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  12 Jan 93 for 4 yrs. Svd: 2 Yrs 10 Mo 19 Das, of which 

AMS is (2 yrs 10 months 15 days  (excludes 4 days lost time). 

b.  Grade Status:  AMN -  15 Nov 94 (Article 15, 15 Nov 94) 

A1C -  12 May 94 
AMN -  12 Jul 93 

c.  Time Lost:  3 Nov 94 through 6 Nov 94 (4 days). 

d.  Art 15's:  (1) 15 Nov 94, Keesler AFB, MS  -  Article 86.  You did, on 
or about 3 Nov 94, without authority, absent yourself 
from your unit, and did remain so absent until on or 
about 7 Nov 94.  Reduction to A m .  (No appeal) (No 
mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: 12 Jan 93 -  11 Sep 94  Keesler AFB  3  (Intial) 

(Discharged from Keesler AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (3) Yrs  (1) Mos  (3) Das 

TAMS: (2) Yrs  (10) Mos  (15) Das 

4.  BASIS ADVANCED  FOR RFVIEW:  Appln  (DD Fm 293) dtd 6 Jan 03. 

(Change Discharge to Honorable) 

Letter Attached to Brief. 

ATCH 
1. Applicant's Letter to Board. 
2. DD Form 214. 

January 6,2003 

SAF/MRBR 
550-C Street West, Suite 40 
Randolph, AFB, TX  78 1 50-4742 

Dear Board of Review Office 

I am respectfully submitting DD Form 293 in hope that my discharge be upgraded to an 
Honorable Discharge per Title USC 1553: EO 9397.  I would like to exercise my right to 
request this upgrade, since I have met the allowed minimum time to apply for an upgrade. 

The Under Other Than Honorable Condition (LJOTHC) discharge serves no purpose.  It 
may prevent me form applying for government positions.  If1 were allowed to be given 
an Honorable Discharge, this would allow me to apply for government positions without ,. 
potential obstacles for government employment. 

Thank you for your time and consideration in this matter.