AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE  U:MB:R (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSA N

YES	No

1----.---NAME  OF COli!'SEL   AND  011. 011.GAMZATIO!'i

x

TSGT
X	RECORD REVIEW
ADDRESS AN!l OR ORGANIZATION m·COIC  SF:I,

··. VOTE OF THE BOARD
GEN

ISSllES

AOt.00

INDEX NllMRE'.R

A42.00

APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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4	BRIEF OF	FI LE
COUNSEL'S RELEASE TO TI.IF flOARD
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ADDITIONAL EXHllJITS SUBMITTED AT TIME Of
PERSONAL  APPEARANCE
TAPE RECORDI NG OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE   UMllHt

17 Dec 2009	FD-2008-00560
APP!JCANT'S ISSUE AND THE BOARD'S DEqSJONAL RATlONALE AREnJISCUS.SED ONTHll. ATTACHED AIR  ORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

heard in Washington, D.C.

Ad v ise applicant 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 BCMR.

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

-,     --·· -·---,.-.....,,	_

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TO:

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOL Pl !AFB, TX 78150-4742

I  'ROM:

SECRETAR\'  OF Tl!E AIR  FORO: PF.RSONNEL   COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 15J5C0MMAND DR, EE WING, JRll FLOOR
A. DREWS Afll, MD 20762-7001

A FHQ FORM 0-2077, .TAN 00

(EF-V2)

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nt:MB:R

FD-2008-00560	

GENERAL:  The applicant appeals to change the narrative reason for his d ischarge.

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 Board noted that the applicant's personnel files do not contai n records pertaining to his administrative discharge other than a copy of his DD 214.  However, the file contains voluminous medical records.

The attached brief contains available pertinent data on the applicant.

FINDINGS:   The Board denies the change ofreason for discharge.

The Board finds that neit her the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of the narrative reason for the discharge.

The applicant contends that his discharge was i nequitable based on the following reason:

Issue: The Applicant contends that the DD 214, which cites narrative reason for separation as: "Personality Disorder," is a violation of The Health Insurance Portability and Accountability Act (HI PPA), as it divulges personal medical history to prospective employers who use the DD 214 for employment  purposes. Applicant believes that a broad reason such a "medical" would suffice, especially because his diagnosis is still unknown.  Therefore, the applicant requests that his DD 214 be amended to correct this error.

The Board found that the applicant submitted no issues regarding the inequity or impropriety of his discharge.  The DRB cannot grant the relief requested, as it is not within the purview of the Board to make a "medical diagnosisj" regarding his current condition.  In addition, it is not within the purview of the DRB to make policy with regard to the applicant's contention that citing the medical basis on the DD 214 is a violation of HIPPA.  Although the DRB cannot grant the rel ief requested, the applicant should submit his request to the Board for Correction of Military Records (BCMR) to determine whether his records should be corrected.

CONCLUSIONS: The Discharge Review Board concludes that the  discharge  was  consistent  with  the proced ural 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 concludes that there exists no basis for change of the narrati ve reason on applicant's DD 214 within the purview of the DRB. However, the applicant may request a change through the BCMR.

Attachment: Examiner's Brief