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AF | DRB | CY2009 | FD2008-00471
Original file (FD2008-00471.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC
TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
The American Legion . ~ see ee ees
MEMBER SITTING HON GEN UOTHC OTHER DENY
X*+
L — _ | —__|
[ xt
X*t+
X*+
ISSUES A94.05 INDEX NUMBER A67.10
1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
(a BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER ,
18 Jun 2009 FD-2007-00471

 

 

 

 

 

 

 

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.

*Reason and Authority
+Reenlistment Code

SIGNATI

«
\

IF RECORDER “oN “

TO:

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

 

SIGNA’

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

OF BOARDFRESIDENT

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE ~ FD-2007-00471

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

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, change of reason and authority for discharge, and change of
reenlistment 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. She has expressed a desire
to have her discharge upgraded so that she may be eligible to reenlist into the armed forces. The records
indicated the applicant received three Letters of Reprimand and a Letter of Counseling for misconduct. The
applicant was administratively disciplined for using profanity and presenting a poor military image for an
incident that occurred at the YMCA, poor duty performance, failure to adequately progress in her Career
Development Course, disrespect and failure to obey the orders of her supervisor, failure to go (twice), being
disrespectful towards her supervisor, and leaving and failing to return to duty station on numerous occasions.
The DRB opined that through these administrative actions, the applicant had ample opportunities to change
her negative behavior. [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.

Issue 2. The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on May 14,
1998) that 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.

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

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