AIR FORCE DISCITARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW
OUNSEL 3 “| NAME, OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
HON GEN UOTHC OTHER DENY
JU ERUIENSS
I JORDER APPOINTING THE BOARD
2 [APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
mew" A07.20 “ee A66,00
A57.03
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
a
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER |
06 Jul 2010 FD-2009-00139
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.
* Reason and Authority
+ Reenlistment Code
Ae
ae we
SAF/MRBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ape og AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPIL AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00139
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
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, change of reason and authority for discharge,
and change of reenlistment code.
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 requests that she not be penalized indefinitely for an isolated mistake she made when
young. The record indicates that the applicant was discharged for Misconduct—Drug Abuse. She received
an Article 15 action for wrongful use of marijuana. The record shows that the applicant’s drug abuse was
disclosed to her chain of command by a friend to whom the applicant had disclosed her drug use. During the
subsequent law enforcement investigation, the applicant admitted to smoking but denied prior use; the
applicant did submit a statement that she had been depressed and succumbed to peer pressure when she
agreed to smoke a marijuana cigarette offered to her by acquaintances. After review of the record, the DRB
recognized the applicant was 20 years of age when the discharge took place. However, there is no evidence
she was immature or did not know right from wrong or that she was ignorant of the Air Force policy of zero
tolerance to illegal drug use. ‘The Board opined the applicant was the same age or older than the vast
majority of first-term members who properly adhere to the Air Force’s standards of conduct. The Board
found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant’s
performance and concluded that the characterization of the applicant’s discharge was appropriate.
Issue 2. Applicant submitted no other issues regarding the inequity or impropriety of her discharge. The
applicant docs submit, however, that she believes she deserves a second chance despite her discrepancies, so
that she may serve her country in a reserve component of the Armed Forces. The record indicates the
applicant received one Article 15, seven Letters of Reprimand (LORs), and a Record of Individual
Counseling (RIC). Her misconduct included wrongful use of marijuana, failure to report for duty on time on
six or more occasions, slecping on duty, conducting herself improperly with customers, disobeying direct
orders, and using government phones to make personal phone ealls on multiple occasions over the course of
several months. The Board opined that through these administrative actions, the applicant had ample
opportunities to change her behavior. While the DRB was pleased to see that the applicant was doing well
and has a good job, it found that the seriousness of her willful misconduct offset any positive aspects of her
duty performance and that her misconduct appropriately characterized her term of service. After a careful
review of the entire record, the Board found no evidence of impropriety or inequity to warrant an upgrade of
the discharge.
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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