NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
HEARING DATE
CASE NUMBER
29 Jan 2014
FD-2012-00048
Case scheduled to be heard in Washington, D.C. by Video Tele-Conference with applicant appearing at Robins AFB, GA. The applicant declined the personal appearance and opted to have her application considered based on the record.
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.
*Narrative Reason and Authority
+RE Code
TO:
SAF/MRBR
.kMAN!S&-."'3"'"''"''"" ">!a="',_,,,...,,. _
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2012-00048 |
GENERAL: The applicant appeals for upgrade of discharge service characterization 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 unanimously voted to deny the applicant's requests to upgrade her characterization, change the reason/authority for her discharge, and change her re-enlistment code.
The Board did not find the applicant's submission to call into question the equity or propriety of her discharge, and after a thorough review of the record, the Board did not identify any issues that would justify the applicant's requests.
ISSUE: The applicant contends that her discharge and general (under honorable conditions) service characterization were inappropriate because her productivity and the quality of her service outweighed her misconduct, noting accomplishments during technical training, a deployment to Iraq, her contributions at home station, and in the years following her discharge. The record establishes that the applicant was involuntarily discharged after two years of service with an under honorable conditions (general) service characterization for drug abuse, IAW AFI 36-3208, paragraph 5.54. The case file documents that the drug abuse was based on positive urinalysis results for marijuana, and that the applicant then claimed this was the result of a one-time use. The discharge notification attached other significant derogatory data based on disciplinary actions independent of the drug use. During her two years of service, the applicant received a Letter of Reprimand (LOR) for disrespect, insubordination and dereliction of duty while deployed to Iraq; an LOR for poor judgment while allowing a civilian to possess marijuana in her car, which he drove on base with the applicant as a passenger; nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), for stealing $1,931.6 from a Federal Credit Union; vacation of punishment under Article 15, UCMJ, for being late for duty; and an LOR for again being late for duty during a separate, later incident. The Board notes the merit of certain aspects of the applicant's service and considered the applicant's responses to each of the above listed disciplinary actions. However, in balance with the totality of her record, the Board found the drug abuse discharge and general service characterization appropriate due to the significant negative aspects of the applicant's conduct that outweighed the positive aspects of her military record.
The applicant also contends that her discharge is improper because it denies her the benefits of the Montgomery GI Bill. She notes that she signed a contract requiring 180 days of service and she paid into the GI Bill for a total of one year. The Board did not find the applicant's assertion of impropriety compelling. The applicant's military record includes her GI Bill contract, documented on DD Form 2366. The applicant signed a statement of understanding that receipt of education benefits was contingent upon separation with an Honorable service characterization. She did not meet this requirement, and, as discussed above, the Board found her discharge with a general service characterization appropriate.
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. |
AF | DRB | CY2013 | FD-2013-00440_13
GENERAL:Theapplicant appealsforupgrade ofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2008-00576
* Change Reason and Authority + Change Reenlistment Code a ais : oo SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL a AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 32RD FLOOR RANDOLPH 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-2008-00576 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...
AF | DRB | CY2015 | FD-2014-00365
GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable. Theapplicantwasoffered apersonalappearancebeforetheAirForceDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2011 | FD-2009-00088_Redacted
The record indicates that the applicant was discharged for Misconduct—Drug Abuse. J am recommending your discharge from the United States Air Force for drug abuse. For the reasons set forth above, I recommend the Respondent be discharged from the United States Air Force for drug abuse under the provisions of AFI 36-3208, paragraph 5.54, with a General discharge.
AF | DRB | CY2007 | FD2006-00341
1 "... AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I 1 NAME OF SERVICE MEMBER (LAST, FIIISI. Respondent's Response: The respondent consulted counsel and submitted a written statement on her behalf. Forward a recommendation for separation under paragraph 5.54 with an Honorable discharge to the General Court-Martial Convening Authority, AFSOCICC (AFI 36-3208, para 5.56.2.1); c. Direct that the respondent be discharged from the Air Force with a Genmal dischargc without probation and...
AF | DRB | CY2013 | FD-2013-00335_13
GENERAL: The applicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:...
AF | DRB | CY2010 | FD-2009-00139
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. FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. The record indicates that the applicant was discharged for Misconduct—Drug Abuse.
AF | DRB | CY2007 | FD2006-00261
ISSUES: Applicant received a General discharge for Misconduct--Drug Abuse Issue 1: The applicant submitted no issues and requested that the review be completed based on the available service record. 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 A I R FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB,...
AF | DRB | CY2015 | FD-2015-00048
GENERAL:Theapplicantappealsforupgradeofdischargeto Honorable.Theapplicantwasoffered apersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattached...
AF | DRB | CY2003 | FD2002-0174
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE} pp97-90339 GENERAL: The applicant appeals for upgrade of discharge to honorable. Member subsequently reported her husband’s drug abuse to her First Sergeant; he referred her to family advocacy. Receipt of Notification Memorandum, 12 Feb 02 b. Member’s Response, 19 Feb 02 * 99/89/2082 = 13:37 Fd 2c02- 2 ID NR.