AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AJi'SN/SSAN

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TYPE  GEN

AIC

RECORD REVIEW

',--·_co_u..N..s_E_L_-1 NAME  OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x
.	\IO'll OF ff;HE BOARD
••'.!•••-...:....-   -....,.-----,----,- ----·-----	-

MEMBER SITTING

l lON

GEN

UOTl lC

OTl lER

DENY

x x x
x
x

SSUES	A94.53	INDEX NllMRE:l<

A67.10

EXHIBITS Slll)Ml10fED 'J'.0 THE :SOARD
1	ORDER APPOINTING THE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TIIE ROARD
ADDlTIONA L EXHIBITS SUBMITTED AT TIME OF
PERSONAi A PPEA RANCE

TAPE RECOR DING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

08 Feb 2007	FD-2006-00205
APUCANT'S!SSUJ! AND UIE'. AllD' DECISIONAL RA'llONAL ARI! J)tSCU$Si!D ON TH ATT4CHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL RATIONALE
:\,:
Case heard i n 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 appl icati on to the AFBCMR

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

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1'0:	FROM:
SAF/MRI3R
550 C STREET WEST. SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCllARGE  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-2006-00205	

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 avai l able perti nent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received two Article 15's for misconduct.  Applicant received her first Article 15 for failure to go to appointed place of duty.  She was punished with a suspended reduction in grade to Airman Basic and thirty days of extra duty.  The second Article 15 was for failure to go to appointed place of duty.  She received a suspended reduction in grade to Airman, suspended forfeiture of pay for two months, and fourteen days of extra duty The DRB opined that through these administrative 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 Board was sympathetic to the impact the loss of these benefits was having on the appl icant, 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 requi rements 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