AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

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PERSONAL APPJ<..AK1u<JCE
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ADDRESS AND OR ORGANIZATION  OF COUNSEL

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ISSUES

A93.09

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INDEX NUMBER	A49.00	:;;',pi <i	:frtJ.llU»JE,'SQBIJl	R\\';tvz·.  <il':il
I    1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

15 Dec 2005	FD-2005-00227
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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

Names and votes will be made available to the applicant at the applicant's request.

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I50-4742

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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-0022 7	

GENERAL:  The applicant appeals for a change to the reason and authority for the discharge.

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Change of reason and authority for discharge is denied.
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 in the reason and authority for discharge.

ISSUE:  Applicant does not contest her discharge.  She states that she would like to receive the GI Bill and the reason and authority was holding her back.  The records indicated the applicant received an Honorable discharge for Unsatisfactory Performance, specifically for failing her CDC course twice.  In addition she also received an Article 15 for writing bad checks and a Letter of Reprimand for repeatedly lying to her supervisor and others about having appointments in order to obtain two days unauthorized absence from duty.   The Board concluded the characterization received was found to be appropriate along with the reason
and authority for discharge.  The applicant cited her desire to receive the G.I. Bill benefits asjustification  for upgrade.  The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366) that she understood she must receive an Honorable discharge to receive future educational entitlements.  Since the applicant did receive an Honorable discharge, the Board encourages the applicant to reapply for her GI Bill benefits and show the VA that her reason and authority for discharge were for failure to pass her CDC.

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