AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
AFSN/SSAN
: COUNSEL ‘| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
ISSUES A93.23 INDEX NUMBER A67.90 Lanes rene UBMEET, BOARD
A92,35 1 |ORDER APPOINTING THE BOARD _
A93.09 2 |APPLICATION FOR REVIEW OF DISCHARGE ne
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 - , ”
05 Mar 2010 FD-2009-00020
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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.
INDGRSEMENT
FROM:
TO:
TAL SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAP/MRBR . AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 COMMAND DR, EE WING, RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00020
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 the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUES:
Issue 1. Applicant contends that the discharge was inequitable because it was based upon one isolated
incident in 30 months of service with no other adverse action.
The applicant was discharged TAW AFI 36-3208, paragraph 5.50.2, A Pattern of Misconduct: Conduct
Prejudicial to Good Order & Discipline, with a general discharge under honorable conditions. The applicant
received two Article 15s. Her first Art 15 was for violation of Article 134, UCMIJ: false swearing and
committing indecent acts by kissing other females in a public place. Her second Article 15 was violation of
Article 134, UCMJ: adultery and violation of Article 92, UCMJ: dereliction of duty by allowing a member
of the opposite sex to enter her tent. ‘he misconduct occurred in November 2002 while she was deployed to
Diego Garcia. Although the period of her misconduct was limited, the Board found that the seriousness of
the negative aspects of her conduct outweighed the positive contributions she made in the two and a half
years of her Air Force career. The characterization of the discharge received by the applicant was found to
be appropriate.
Issue 2, Applicant contends impropriety of her discharge because the misconduct was isolated and was a
direct result of “a diagnosed and documented medical condition,” which she described as “depression as a
result of a sexual assault at my first duty station.” While the applicant’s file reveals documentation that she
sought treatment for depression and was also referred to ADAPT, the medical providers did not deem that
her case should meet a medical board (MEB) for disability processing. The Board also noted that in the
applicant’s discharge response, she stated that her misconduct was due to her alcohol use. After reviewing
all available facts and evidence, the Board determined there was no causal relationship between the
member’s medical condition and her misconduct that would cause the Board to disregard her misconduct
and the resulting disciplinary action.
Issue 3. The applicant cited her desire to receive the GJ. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, she signed a statement, DD Form 2366, dated 26
July 2000, in which she stated she understood she must receive an Honorable discharge to receive future
educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on.
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
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
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