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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST hllDDLE INITIAL) 

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1  SGT 

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I  AFSNISSAN 

NAME OF COUNSEL AND OR ORCANLZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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No 

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MEMr"" 

C 7 T - - . . T n  

DLK 3 1  1 1 1 1 Y b  

ISSUES  A93.09 

INDEX NUMBER 

A70.00 

HEARING Dr\TE 

CASE NUMBER 

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1- 
1 

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HON 

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GEN 

I  OTHER 

I  DENY 

VOTE OF THE BOARD 

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I  UOTHC 

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EXlllBlTS SUBMIITED TO THE BOARD 

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2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIF[CATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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1 

17 Nov 2005 
APPLICANT'S ISSUE AM) ME B O W S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVltW BOARD DECISlONAL RATIONALE 

FD-2004-00473 

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I 

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I  Case heard  at Washington, D.C. 

Advise applicant of the decision of the Board and the right to submit an application  to the AFBCMR 

550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78 150-4742 

DATE:  1 1 1 r ~ , ~ ~ 0 5  

SECRETARY OFTHE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
153s COMMAND  DR. EE WING. 
3RD FLOOR 
ANDREWS AFB. M D  20762-7002 

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 

FD-2004-00473 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 1 7 Nov 2005. 

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  the  applicant  substantiates an 
inequity or impropriety that would justify a change of discharge. 

ISSUE:  Applicant  contends  discharge  was  inequitable  because,  as  she  states  it,  "I  was  forced  to  be 
discharged Under Other Than Honorable Conditions due to lieu of Court Martial",  and, as another issue, she 
states that  she  obtained  the  HIV  Virus  and  had  been  sexually  abused  more  than  once  and  believes  she 
deserves compensation for the  facts.  The records pertaining to the  applicant's  discharge are missing from 
the records.  However, the  records which are available do reflect the applicant was discharged at her  own 
request  in lieu of  a trial  by  court  martial  for using  illegal drugs to  include amphetamine, cocaine, heroin, 
LSD, methamphetamine, opium, phencyclidine, and  secobarbital, even though the applicant denied during 
her testimony to the Board that  she had  ever used any of these drugs.  Since the discharge documents are 
unavailable and lacking any evidence to the contrary from the applicant, the Board relied on the presumption 
of regularity  and  found the  discharge and characterization of  service proper.  The applicant's  issue about 
being forced to be  discharged  is without merit as the member chose this route  instead  of  proceeding to  a 
court martial.  In  regards  to  the  issue  of  being  sexually  abused  and  obtained  the  HIV  virus,  the  Board 
recognized  the  member  had  personal  and  medical  problems  which  may  have  created  stress  in  her  life; 
however,  this  does  not  explain  or  excuse  her  apparent  illegal  use  of  drugs.  The  Board  concluded  the 
misconduct was a significant departure from conduct expected of all military members.  The characterization 
of the discharge received by the applicant was found to be appropriate. 

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 Am, MD 

FD2004-00473A 

(Former SGT) (HGH SGT) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTHC Dish fr Myrtle Beach 
AFB, SC on 30 Mar 90 UP AFR 39-10, Chapter 4  (Discharge In Lieu 
of Court Martial).  Appeals for Honorable Discharge. 

2.  OTHER FACTS : 

a.  See attached cy of Examiner's  Brief dtd 29 May 97. 

b.  The AFDRB reviewed case on 30 Nov 99  (non-appearance 

w/counsel)  &  concluded applicant's  discharge should not be 
changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm 293) dtd 19 Nov 
04.(Change  Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

Atch 

1. Applicant's  Issues. 
2. Medical Narrative Summary 
3. DD Form 214. 
4. Three Character References. 
5. Two Training Certificates. 
6. State of New York Criminal Record. 
7. State of North Carolina Criminal Record. 
8. DD Form 149. 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE  DISCHARGE REVIEN BOARD 

2LNDREWS  AFB, MD 

(Former  SGT) 

1.  MATTER UNDER REVIEW:  Appl recld a UOTHC Disch fr USAF 90/03/30 UP AFR 
39-10 (Disch i n   Lieu of Court Martial) .  Appeals for HON ~ i s c h .  

2 .   BACKGROUND: 

a. DOB: 65/06/25.  Enlmt Age: 18 6/12.  .Disch Age: 2 4 . 9 / 1 2 .   Educ:  HS 

DIPL- AFQT:  Unkwn  M-Unkwn,  A-Unkwn,  G-Unkwn,  E-Unkwn. PAFSC: 64550 - 
Inventory Management Specialist. DAS: Ex-Note: DD 214 seems to indicate a/o 
10/84. 

b.  'prior Sv: 1.  AFRes 84/01/11 -  84/07'/30  (6 mos 19 days) 

(Inactive).  2 .   Enld as,AB 84/07/30 for 4 years.  Svd: 3 years 7 months 2 
days.  AMN  -  85/01/30.  AIC -  85/09/30.  SRA -  87/07/30.  Ex-Note: APR 
indicates Sgt 88/03/23-89/03/02.  APRs 7,8,8,9. 

3 .   SERVICE UNDER REVIEW: 

a.  Enld as:  Sgt  for (6)  Yrs.  Svd: 2 Yrs 0 Mo 27 Das, 

all AMS. 

b.  Grade Status:  n/a. 

c.  Time L O S ~ :  none. 

d.  Art 15's:  (none.) 

i 

e.  CMr  None.  Discharge in lieu of.  Charges preferred UP 112-ZA 

are use of amphetamine, cocaine, heroin, lysergic acid diethylamide, 
methamphetamine, opium, phencyclidine, secobarbital, or schedule I, 11, or 
111 controlled substance. 

f.  Record of SV: 88/03/23  89/03/22  Myrtle Beach AFB  9  (Annual) 

89/03/23  89/10/02  Myrtle Beach AFB  3  (CRO) 
(Disch fr Myrtle Beach AFB) 

g.  Awards &  Decs:  AFTR, AFLSAR,  AFGCM, AFOUA. 

h.  Stmt of S v :  TMS:  ( 6 )   Yrs  ( 2 )   Mos  (19) Das 

TAMS:  ( 5 )   Yrs  ( 8 )   Mos  (1) Das 

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4 .  

BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 97/01/09. 
(Change Discharge to Honorable) 

Issue 1:  I was forced to be discharged Under Other Than Honorable 
Conditions, due to lieu of Court Martial.  I am requesting that this be 
upgraded to an Honorable or at least a General, because I have served the 
government more faithfully than most during my enlistment. 

Issue 2:  1 obtained the HIV Virus and have been sexually abused  (more 

than once).  My medical records can account for this!  I am an honorable 
Christian citizen of the United States, and deserve compensation for the 
facts. 

ATCHS 

1.  DDForm214.