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AF | DRB | CY2010 | FD-2008-00313
Original file (FD-2008-00313.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    

     

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE ——————™ Xx _ RECORD REVIEW

ADDRE $s AND OR ORGANIZATION OF COUNSEL

GRADE AFSN/SSAN

  

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“TYPE GEN

 

 

 

 

“| NAME OF COUNSEL AND OR ORGANIZA1 TON

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

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“ISSUES A92,21 INDEX NUMBER A67.30 at #
A95.00 1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 [LETTER OF NOTIFICATION
4 |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
25 Mar 2010 FD-2008-00313

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

10:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0- 1-2077,. JAN ‘00

FR

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

 

 

(EF-V2)

 

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFH, MI? 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2008-00313

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 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 G.I. bill benefits and had she known, she would have not accepted the under honorable
conditions (general) discharge. The applicant was discharged [AW AFI 36-3206, 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 1o 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 term 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 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 determines the discharge should remain unchanged.

Attachment:
Examiner's Brief

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