AIR FORCE DISCHARG E REVIEW BOARD HE ARING RECORD
NAM R OF SERVICE M:MBER (LAST, FIRST MllHlLE IN ITIAL)	GRADE	AFSN/SSAN

X	RECORD REV IEW

AllllRESS AND OR ORGA:¥1ZATION  OF GJ!INSEL

HON	GEN

UOTHC	OTHER

DENY
x x x

x

COUNSEL'S RELEASE TO THE HOARJJ
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE I ffAR ING

Hf:ARING DATE

24 Jun 2010

FD-2009-00188

Case heard in Washi ngton, 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 wi l l be made avai lable to the applicant at the applicant's request.

.	.	 	
·	>'.'tNm RSKMENT

SAF/MRBR
550 C STREET WEST. SUITE 40 RANDOi.PU AFB. TX 78150-4742

Sl!:CRl'TARY  OF THE AIR  t"ORCI:: ft:RSONNEL COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
loJS COMMAND  DR, EE WING, 3RD FLOOk ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW llOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-001 88	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered  a personal  appearance before the Discharge Review Board (ORB) 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 di scharge.

FINDINGS:  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 woul d justify a change of discharge.

ISSUE:

Issue 1: Applicant submitted no issues regarding the inequity or impropriety of her discharge.  The applicant does submit that she has matured since her discharge.  The record indicates the applicant received two
Article 15s and a Letter of Reprimand for misconduct.  Her misconduct included failure to go, failure to remai n in proper uniform, arrested for excessive speeding, attempted theft on Bank of America, making a false official statement and stealing from another service member.  The Board opined that through these administrati ve actions, the applicant had ample opportunities to change her behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the di scharge.

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no i nequity or impropriety in her discharge was suggested or frmnd i n the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized her term of service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regul ation and was within the discretion of the discharge authority and the appl icant provided ful I 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 and determi nes the discharge should remain unchanged.

Attachment: Examiner's Brief