AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRDE	APSNISSAN

CAPT
X	RECORD  REVIEW
AllllR:SS A.NJ> OR ORGANIZATION OF COUNSEL

x x x

ISSUES

A92.21
A95.00

INUEX NUMBER

l	ORDER APPOINTING THE BOARD	
2	APPLICATION FOR REVIEW OF DISCHARGE	
3
4	LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE	
	COUNSEL'S RELEASE TO THE BOARD
---,- " - .... ··-·-·--- .....···-•«·<·''""'"
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE	

A67.30

RECORDING OF PERSONAL APPEARANCE HEARING

CASE NllMllEI<

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 AFBCtv'.IR.

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

T(lo

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

A FHQ FOR M 0-2077, JAN 00

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AlR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00313	

G.ENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record.

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

FINDING: The Board denies the upgrade of the discharge

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.

ISSUES:

Issue 1. Applicant contends that she was not aware of the policy that she must receive a honorable discharge in order to use her C:U. bill benefits and had she known, she would have not accepted the under honorable conditions (general ) discharge. The applicant was discharged IAW AFI 363206, paragraph 3.6.4, Misconduct, Serious or Recurring Misconduct Punishable by Military or Civilian Authorities with an under honorable conditions (general) discharge. The applicant received nonjudicial punishment (NJP) on two occasions.  Her first NJP was for stealing 16 items from the Keesler Base Exchange, totaling a value of
$490.25. Her second NJP was for altering the issue date  of an official document (American Heart Association card for Pediatric Life Support, Advanced Cardiac Life Support), by changing the renewal date from 2 August 2002 to 2 August 2004. Subsequently, on 9 February 2003, the show cause authority issued show case action. On 20 February 2003, the applicant submitted a request 10 resign. Her resignation was accepted and she was discharged with an under honorable conditions (general) discharge in April of 2003.

The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on 15 January 1997), indicating that she understood she must receive an Honorable discharge to receive future educational entitlements. Based upon the seriousness of her misconduct, the Board was not sympathetic to the impact the loss of these benefits had on the applicant.

Issue 2. The Applicant provided written statements from co-workers and patients attesting to her excellent work. While the DRB was pleased to see that the applicant was doing well, there was no inequity or impropriety in her discharge action. The Board concluded the misconduct of the applicant appropriately characterized her tenn of service.

CONCLUSION: 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 the applicant was provided full adm inistrative due process.

In view of the foregoing findi ngs, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief