..

A TD  1"£\.TH..,..,	-HARGE REVIEW BOARD HEARING RECORD
HTJAL)

TYPE GEN	X

PERSONAL  APPEARANCE

RECORD REVIEW

'. .· · .. .	. . .. , NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

ISSUES	A94.06 A92.02

MEMBER SITTING

n..v • •10

HON

x

x x

GEN

UOTHC	OTHER	DENY
x

x

4	BRJEF 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

18 Oct 2005	FD-2005-00254

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, 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:

SAF!MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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-2005-00254	
	
GENERAL:	The applicant  appeals for upgrade  of discharge to honorable  to change the reason  and authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), (without) counsel, at Andrews AFB on 18 Oct 2005.  The applicant's mother observed the proceedings but did not testify.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions
Exhibit #6: Supporting documents for Article 15, March 2004
Exhibit #7: IG Complaint
Exhibit #8: Letter to senator and reply Exhibit #9: Request to separate from military
Exhibit # 10: Marines, Delayed entry program Exhibit # 11: Education records
Exhibit #12: 14 letters of appreciation Exhibit #13: Awards and nomination
Exhibit #14:  Customer service course compfehon certtf1care  		

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

FINDINGS: The discharge is upgraded to Honorable; however, the change of reason and authority for discharge and change of reenlistment code are denied.

ISSUE: Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received a Record of Individual Counseling for reporting late for duty, a Letter of Reprimand for dereliction of duty, a Letter of Reprimand for failure to pay just debt and an Article 15 for failure to obey and false official statements during a six month period. The Board concluded that the applicant's testimony and submitted evidence did not overcome the preponderance of the evidence that indicated there was misconduct warranting disciplinary action. However, after considering evidence of the record and testimony, the Board concluded by a split vote that the applicant's discharge was too harsh based on her three years of clearly exemplary duty performance prior to the aforementioned disciplinary actions and the extenuating circumstances surrounding the events leading to disciplinary actions and her discharge.

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. However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The Board concluded that no change in the narrative reason for discharge or in the reenlistment code was supported by evidence of the record and testimony.

Attachment: Examiner's Brief