AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRAl>E

AFSNISSAN

TYPE

PERSONAL  APPEARANCE

X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEi,

MEMBERS SITTING
x x
x x x
INDEX NUMBER
A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
2	
HEAlllNG DATE
28 MAR 03

CASENUMBIJ:l!.
FD2002-0345

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXlllBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAi. APPERANCE HEARING

Case heard at 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.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFllQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0345	

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 to exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

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

ISSUE:  The applicant states her discharge was due to having to leave her duty station because of an abusive relationship with her estranged husband.  The record indicates the applicant received two Article               15's for failure to go.  In addition, she also received three Letters of Reprimand for failure to participate in the physical fitness program, lying about her whereabouts, and for being an hour and a half late to work, failure to return to the local area after taking leave, failure to show up for work, and not showing up for physical training, and violation of medical quarters.  And, she received two Records of Individual Counseling for having her hair out of compliance with the Instruction and being disrespectful to authority and taking extended breaks during the duty day.   The applicant also states that she would like to receive her GI Bill.  The Board was sympathetic to the impact the loss of this benefit was having on the applicant, but this in not a matter of inequity or impropriety that would warrant an upgrade.  The board concluded the misconduct was a significant departure from conduct expected of all military members.  The Board found
no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief