AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAMI<: OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL APPEA RANCE	x	I	RECOR D R EV IEW	---·
COUNSEL	NAME  OF COUNSF.t  ANP OR ORGANIZATION	APPRESS  AND OR ORGANIZATION  OF COUNSEL
YES	No	....
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.»J'i ',/;t\, ,;'."<.:	VOTE  OF 'IRE  BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

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ISSUES	A94.05	INDEX NUMBER	A67.30	EXHIBITS SUBMITTED TO THE BOARD
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 HE

HEARING DATE	CASE NUMBER

14 Sep 2006	FD-2006-00021
APPLICp• ISSUE AND TIIE l:lOAlU>'S D!fll\'$IONAL RATIONA!.ARE DISCOSSBD o.!.1::'!t;CIJJilD AIR foRCI! DISCMAROE REVlllW BOARD DECISIONAL    y  AE

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

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

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TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCR PERSONNEL COUNCii,
AIR FORCE DISCHARGE  REVIEW  BOARD

550 C STREET WEST, SUITE 40

I535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH  AFB,  TX 78150-4742	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-2006-00021	

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 available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of 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 of discharge.

ISSUE:

Issue 1. Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh.  She also feels she was discharged as a result of the Air Force going through force reduction.  The records indicated the applicant received two Article 15's for misconduct.  The Article  15's were for wrongfully establishing, developing, and conducting a personal, intimate, and sexual relationship with students.  The first Article 15, the applicant was punished with a reduction in grade to airman first class.  The second Article 15, she was punished with a suspended reduction to airman, forfeiture of pay and 15 days of extra duty.  The DRB opined that through these admi nistrative actions, the applicant 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.

Issue 2.  The applicant cited her desire to receive the G.I. Bill benefits as justification  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.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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