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AIR FORCE DISCHARGE REVIEW BOARO HEARING  RECORD

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PERSO:>l AL APPEARANCE
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f.XHlllf SL"liMliTED T() THt;ARD	-· i '  ····
ORD}; Al'l'Oll\TING TllF. BOARD	-·  .	I
2	Al'l'LICATION FOR KEVIEW Of DISC:HARiJE
3	LGTTER (W NOTIFICATION	-· 1

i  4	Bi!Et OF PERSONNl'I, iLE

I	1· COUNSEL'S R .LEASE TO TllE BOA R ll ..·-
i	A'i1urnONAL EXH[filTS-.S'i.iUMITTED AT Tli\12 01·;

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I	'   PERSONAL Af'l'EAR.'\NCE

"f i\PE RECORDING (J1rPL·:RSONAL APPERANc"f:'1 11 "!\RlNU
! Al'rllCANT'S 1SSUE ANDT!li fl.OAKD 5 DECIStDNAI. RATllJ."IA.L ARE oYr.us&BV ON THE ATTAC'H•"P'."'A'J"•'floR'°c"E"'o"1"scH,\RGf. KbVlt::W BOARD Dff'i.)!QNAL AATJONAUZ	---;
W.MARKS
Cuc heard at Washi ngton, D.C.

Advi applicant of tile decision <>f the Boa rd, the riglll to a personal appea rance, and tile right to submit an application to
the Al'BCMR.

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5S5A0FCIMSITBRREET..WEST, Sll!Tf' 40

FROM:

DATE: 22 OCT 02

SECRX::TARY OF THC: AIR FORCE PER,SO"!'-JN! L COUf'..CIL
AIR FORCE D!SCHAR(W R"VIFW BOARD

RA'.IDOl.!'H AFB. TX 78150-4742

AFHQ FORM 0-2077, .JAN 00

(EF·Y2)

1::!5 C()MMAND DR, X::E WJNG,	1 Fl .()()H

3d

ANDRf:'. WS AFH, i'vfl) Z0762 7002
-------	Previous ed ition will ·l,e tJsed: 	

AIR FORCE DISCHARGE REVlEW BOA RD DECISIONAL RATIONALE	('ASE NUMlHt:R

FD02-0231	

GENERAL:  The applicant appeals for upgrade of discharge lo Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DR B) but declined to exercise this right

The attached brief contains the available pertinent data on the applicant and the !a' ctors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The board finds that neither evidence of record nor thal provided by the applicant substantiates m1inequity or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant does not contest the discharge; she slates that she did not folly understand her rights. The re.:ord indicates the applicant received an Article 15 for obtaining in formation protected by the Privacy Act from the orderly room and used it for her own personal purposes, with intent to defraud and wrongfully obtained telephone services. She also recei ved an Article 15 for failing to refrain from using a government telephone for long distance personal calls. Jn addition, she received three Letters of Reprimand for being disrespectful; misuse of a government credit card; and for being  AWOL;  and  two  Memorandums  fbr Record for misusing a government  telephone_  The  applicant  was  given  the  proper  noli fication memorand um and legal counsel and this case is factually, procedural ly, and legally sufficient to sustain the finding that the applicant's characterization was proper. The DRB opined that through these administrative actions, the applicfillt had ample opportunities to change her negative behavior. 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 or change the reason for discharge, thus the applicant's discharge should not be changed.

Attaclunent: Examiner's Brief