AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

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CAPT

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TYPE HON	X

PERSONAL  APPEARANCE	RECORD REVIEW

l--·_c.;O.....,-&-l.   -1 NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY

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X+ X+

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A49.00 A94.45

INDEX NUMBER

A94.56

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
ADDITI )NAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

23 May 2006	FD-2006-00118
APPLICANT'S IS$1.IS AND ll{SBOAR.D'S DeClSIONAL RATtoNAL Alli DISCUSSED ON TllE ATrAotl!D Alll FORCE DlSCffAllGE REVIEW BOARD DECISIONAL RATIOl'IALE
< <«'«\"i;.    ,'<	(.'.,;>'
Case heard at Washington, D.C.

Ad vise applicant of the decision of the Board, and the right to submit an application to the AFBCMR for issues beyond the DRB's  authority.

Names and votes will be made available to the applicant at the appl icant's req uest.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
13S 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-2006-00118	

GENERAL:  The applicant appealed to change the reason and authority for her discharge.

The  applicant   appeared   and  testified   before   the  Discharge   Review   Board   (DRB),  with   counsel,  at Andrews AFB, MD on 23 May 2006.

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

FINDINGS:  The Board grants the requested relief insofar as it is within its power to do so.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon  the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUE:

Issue 1. The applicant presented the DRB with requests for relief beyond the authority of the DRB to grant. The DRB noted the requests for relief; however, the DRB President briefed the applicant that the Board could not consider the issues that concerned matters beyond its authority.

Issue 2.  The applicant argued that her discharge was inequitable because the narrative reason for her discharge on her DD 214 is "Unsatisfactory Duty Performance."  She argued that her discharge was due to her recruiter's incorrect statement to her that the Air Force would accommodate her wearing of religiously mandated clothing along with the uniform.  Under the unique facts of this case, the DRB agreed that the expressed reason for discharge did not accurately reflect the facts of her case.  As an officer, the applicant  had a duty to properly wear the uniform.  The applicant would not have become an officer if she had known that the Air Force would not accommodate her religious beliefs.  Because the root cause of her unsatisfactory duty performance appears to have been an unfortunate misunderstanding of the religious accommodation rules for uniform wear, the DRB concluded that it was inequitable to discharge her for unsatisfactory performance.

In view of the foregoing findings, the Board concludes that the reason for the discharge is more accurately described as Secretarial Authority and her DD Form 214 should be changed to show that  reason  for discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief