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AF | DRB | CY2010 | FD-2008-00475
Original file (FD-2008-00475.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN [X PERSONAL APPEARANCE RECORD REVIEW
OC RGENSEL TT Name OF COUNSEL AND OR ORGANIZATION : ADDRESS AND OR ORGANIZATION OF COUNSEL
GEN UOTHC OTHER DENY
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ISSUES ag 4.9 INDEX NUMBER 67,10 EXHIBITS SU BMITTED. TO THE BOARD ee
A94.06 1 [ORDER APPOINTING THE BOARD
A94.12 2 |APPLICATION FOR REVIEW OF DISCHARGE
A94,56 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
14 Jan 2010 FD- 2008-00475

R TIONAL E ARE DISCUSSED ON THE. ATTACHED AIR RUE GER VIEW BOARD DECISIONAL: RATIONALE, SS

 

Case heard i in Washington, D. C.
Advise applicant of the decision of the Board.

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

*RE Code (3K)
+Narrative Reason (Secretarial Authoritv)

       

oe : DATE:

20/2010
TO; “ FROM: ,

 

 

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
. va apna mer ootier AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH APB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

   
 

    
 
  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00475

   

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 14 Jan 2010. The following witness also testified on the applicant’s behalf: Ms. NS, (aunt).

  
 
  

The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Contentions

  
 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

 
 
 

FINDING: The Board grants the requested relief.

      

The Board finds the evidence of record does not substantiate an impropriety that would justify a change in
the discharge. However, based upon the record and evidence provided by the applicant, the Board finds the
applicant’s character of discharge and reason and authority for discharge to be inequitable.

 
   
 

ISSUE:

  
      

Issue 1. Applicant contends the discharge was inequitable because she was falsely accused of being
disrespectful and having a problem with authority. The applicant received a Letter of Reprimand (LOR)
from her supervisor’s supervisor (SMSgt SS) the day prior to her scheduled date to start maternity Jeave.
The LOR was in reference to her unprofessional conduct from 14-17 Aug with the Medical Group staff. She
received a direct order to not contact the Medical Group staff without one of four members of her Squadron
staff present. According to the record and applicants testimony, she was contacted by the Medical Group
staff that there was a change in the point of contact that was working her referral for delivery of her child
(from Major G to Major F). On 14 Aug when she contacted Major F regarding her referral, she was told that
missing from her file was the letter which would allow her to travel to Chicago. The applicant had already
provided this information and became upset when Major F told her that her referral would be canceled
without this letter, especially since the applicant had been working the referral since May. The applicant
stated that she had an appointment the next day (15 Aug) with her doctor and could bring the letter following
her appointment. Applicant was unable to make the appointment on the 15th and when she notified Major F,
her referral was canceled. When she was able to make her doctor’s appointment two days later (17 Aug),
she received the travel authorization letter and provided it to Major F. However, Major F had already
contacted the Squadron Commander (on 15 Aug) and complained of applicant’s disrespectful, rude, and
unprofessional behavior over the phone. During applicant’s testimony she admitted that she was extremely
upset and crying, but if anything, was persistent in questioning Major F as to why the travel approval was
missing and the reason for the cancelation of her referral. After considering the applicant’s records and
testimony, the Board opined that the LOR was too harsh. The Board grants the upgrade of the
characterization of discharge to Honorable, change the reason and authority for the discharge, and to change
the reenlistment code.

    
     
   
   
   
   
   
   
   
   
   
   
   
   
   
   
         
   
 

  

Issue 2. Applicant contends she was punished for using MEO and the IG and was railroaded into signing
UIF documents. The applicant states when she went to the IG to fill out a complaint against SMSet SS, she
was punished with an Article 15, reduction in grade, 15 days of extra duty, and later an LOR. She states that
her MEO and IG complaints were unsubstantiated due to SMSet SS having friends working these offices.
The Board determined the punishment received by the applicant was too harsh and the influence of SMSgt
SS (against the applicant) on the Squadron Commander and First Sergeant was improper. The Board grants
the upgrade of the characterization of discharge to Honorable, change the reason and authority for the
discharge, and to change the reenlistment code.

     
     
 
 
   
     
   
   
 
  

  

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. However, in view of the
foregoing findings, the Board concludes the overall quality of applicant’s service is more accurately
reflected by an Honorable discharge and the reason for the discharge is more accurately described as
Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.

  
   

Attachment:
Examiner's Brief

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