AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD
NAME  OF SERVICE  MEMBER  (LAST.FIRST MIDDLE  IN ITIAL)	GR<\DE	AFSN/SSAN
(b)(6)	(b)(6)
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUl'SEL	NAME OF COUNSEL AN 0 OR ORCAN1.ATION	ADDRESS ANO OR ORGANIUTI0:-1 Of COUNSEL
YES	No
x
VOTE OF TlfE BOARD
MEM BER SITTING	HON	OEN	UOTHC	OTHER	DENY
(b)(6)	x
x

x
x
x
ISSUES	A94.53	INDEX NUMBER	A67.JO	EXRIBITSSUBMIITEDTOTHE   BOARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FrLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXllII31TS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

llEARJNGDATE	CASE NUMBER

19 Mar 2015	FD-2014-00651
APPLICAlIT'S ISSUE AND THE BOARD'S DECISIONAL  AATIO>IALE ARE DISCUSSED ON THE ATTACHED AUl FORCE DISCHARGE REVIEW SOARD OECISIONALRA'nONALE.

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.

(b)(6)

INDORSEMENT	DATE:   3127/2015
l
TO:	mo•·

SAF/MRBR

SECRETARY Of THE AIR t ORCt PERSONNEL COUNCIL
AIR FORCE OISCllARCE REVIEW DOARD
550 C STREET WEST, SUITE 40	1!1.15 COL\IAND DR, EE Wli'C. JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANOKt:WSAfB. MO 20762 7001

AFHQ FORM 0-2077, JAN  00	(EF-\12)	Previous

AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00651	

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
ISSUE:  The applicant received  a General discharge for Misconduct -Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsi bility to examine the propriety and equity of an Applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant.  The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included one Record of Individual Counseling, one Letter of Counseling, one Letter of Reprimand , and an Article 15. Her misconduct included sleeping on duty (2x), failing to report to a superior officer's office when ordered to do so, leaving work without permission , and willfully failing to participate in a unit FOD walk.

The applicant submitted no issues regarding the inequity or impropriety of her discharge.  The applicant does submit that she would like to get her discharge upgraded to enlist in the Air Force Reserve and to use her GI Bill benefits.  The Board opined that through the administrative actions taken, the applicant had ample opportunities to change her behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  A discharge is upgraded only i f the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization.

The applicant also cited her desire to receive the G.I. Bi ll benefits.  The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on 23 April 2001) that she understood she must recei ve an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, 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 , 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief