AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF srnv1n:MEMBER (LAST, FIRST MIDDLE INITIAL)

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RECORD REVIEW

A FSN/SSAN

ADDRESS ANO OR ORGANIZATION OF COllNSEL

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A94.53

llEARING DATE

01 Dec 2009

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INllRX l'litJMHi!.R	A67.00	1 '0 Tl!E BOARD 	
OR DFR APPOI NTING Tl IE BOARD
2 APPi .ICATION FOR REVIEW OF DISCHARGE
3 LETTER Of NOTff lCAT!ON
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TllE BOARD
ADDITIONAL EXHIBITS SUHMJTTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING 01' PERSONAL APPEARANCE Hl:ARING

FD-2008-00530

Case heard in Washington, D.C.

Ad vise appl icant of the decision of the Board, the right to a personal  appearance with/without counsel, and the right to submit an appl ication to the Af l3CMR .

Names and  votes wi l l  be made availabl e to the appl icant at the applicant's request.

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TO;

SAFiMRHR
550 C STREET WEST SUITE 40 RANDOLPH AFB, TX 78150·4742

SECRETARY OF THE Am t'Ol!CE PERSONNEL COLINCJL AIR FORCE DISCllARCE REVll::W HQARO
1535 COMMAND DR, EE WING, 3Rll FLOOR
ANll F.:WS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASI:: NUMBER

FD-2008-00530	

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 and requests that the review be completed based on the available service record.

The attached brief contai ns 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 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.

ISSUES:

Issue t : Applicant submitted no issues regarding the inequity or impropriety of her discharge.  The record indicates the applicant received an Article 15 for misconduct.  Her misconduct included failure to go and being disrespectful towards a superior NCO.  She was disciplined with a restriction on Nellis AFB for 30 days and a reprimand.  Upon review of the record, the Board was unable to find any documentation
regarding the discharge.  Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the miscond uct was a significant departure from the conduct expected of all military members.  The Board relics on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were appropriate.

lssue 2:   The applicant cited her desire to receive the G.L Bill benefits as justification  for upgrade.  The ORB noted that when the applicant applied for these benefits, 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.

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 administrative due process.

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

Attachment: Examiner's Brief