AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AB
X	RECORD  REVIEW

YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BQ

MEMBER  SITTING	HON	GEN

UOTHC

OTHER	DENY
x

ISSUES	A95.00

INDEX NUMBER

A67.90

x x x
x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NUMBER

07 Jul 2009	FD-2008-00191
APP1liGAN!'S. ISSUE AND THEilOARD'S DBCISIONAL RATIONALE ARE DISCIJSSl!D ON THE ATI)\lZHEl:/;MRFORCB$ 1SCHARGB REVIJlW BOA!(D: Di!CISIONAL RATIONALB:

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 available to the applicant at the applicant's request.

X = Upgrade, Reason for Discharge and Reenlistment Code

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
IS3S COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 2076Z.7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)

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AIR FORCE DISCHARGE REVIEW BOARD bECISIONAL RATIONALE	CASE NUMBER

FD-2008-00191	

GENERAL:   The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.

NPA  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 and change ofreenlistment code are 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:

Applicant requests a change of her re-entry code contending that after reviewing her file, she found nothing in reference to sexual misconduct and having a code of this nature in her records is personally damaging and unjust.  The applicant was discharged from the Air Force for a pattern of misconduct prejudicial to good order and discipline with an under honorable conditions (general) discharge.  She received an Article 15, a vacation of nonjudicial punishment and four Letters of Reprimand.  None of the misconduct involved sexual misconduct, nor was the applicant's re-entry code related to sexual misconduct.  It appears that the applicant mistakenly believed that her discharge was based upon "sexual misconduct."

The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions she made in her Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

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