ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AVKSN/SSAN
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TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME. OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTEOR-TIEE- BOARD
HON GEN UOTHC / OTHER DENY
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| Issues SaaS NUMER rr = : “ED TO THE
ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI BOARD
1 JORDER 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 HUARING
HEARING DATE CASE NUMBER
01 Dec 2009 FD-2008-00530
ABBLICANT'S'ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED ATR FORCE DISCHARUE REVIEW BOARD DECISIONAL RATIONALE.
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.
Names and votes will be made available to the applicant at the applicant’s request.
J CC CNDORSEMENT cee tte a St ETT Az LOT
70: FROM: ORCE PERSONNEL COUNCIL
ae SECRETARY OF THE AIR FORCE. PERS ELC Wk
SAF/MRBR ee AIR FORCE DISCHARGE REVIEW HOARD
550 C STREET WEST, SUITE 40 1335 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, 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-2008-00530
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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUES:
Issue 1: Applicant submitted no issues regarding the inequity or impropriety of her discharge. The record
indicates the applicant received an Article 15 for misconduct. Her misconduct included failure to go and
being disrespectful towards a superior NCO. She was disciplined with a restriction on Nellis AFB for 30
days and a reprimand. Upon review of the record, the Board was unable to find any documentation
regarding the discharge. Due to lack of evidence and supporting documentation to explain the discharge, the
Board concludes that the misconduct was a significant departure from the conduct expected of all military
members. The Board relies on the presumption of regularity and finds the characterization; reason for
discharge and the reenlistment code were 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 understood she must receive an |lonorable
discharge to reccive 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.
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
AF | DRB | CY2010 | FD-2009-00188
VOTE OF THE BOARD iis MEMBER SITTING | HON | GEN UOTHC OTHER | DENY x x x xX - T x 2 5, se * r NAT a TEES Te rary LT ISSUES A95.00 INDEX NUMBER A67.00 oo : EXTIEBITS SUBMITTED TO THE BOARD ds A92,21 1 [ORDER APPOINTING THE BOARD A01.00 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION ; 4 |BRIRF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD | ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PFRSONAL APPEARANCE ‘TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE : CASE...
AF | DRB | CY2010 | FD-2009-00115
FILE COUNSEL’S RELEASE TO THE BOARD PERSONAL APPEARANCE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ISSUES A93.01 INDEX NUMBER A93.01 A67.03 A00.29 HEARING DATE CASE NUMBER ° 24 Jun 2010 FD-2009-00115 Case heard in Washington, D.C. application to the AFBCMR. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2010 | FD-2009-00156
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW COUNSEL NAME OF COUNSEL AND GR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE:BOARD MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x x SS ws 7 jl — ms mm Tr a 5 ms ae Tn ISSUES A93.19 INDEX NUMBER AG67.10 EXHIBITS SU MIL EES A93.23 1 |ORDER APPOINTING THEBOARD A94.05 2 APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER...
AF | DRB | CY2010 | FD-2008-00597
[LETTER OF NOTIFICATION ee 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 19 Feb 2010 FD-2008-00597 SSSUE AND a cae Case heard i in Washington, D.C, FORGE PGES. 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. FINDING:...
AF | DRB | CY2010 | FD-2009-00138
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW aida OUNSEL 0) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES X | VOTEOF THE BOARD [oie Samed a | out det adr ind HON GEN UOTHC OTHER DENY x x x X x ISSUES A94.05 INDEX NUMBER A67.30 EXHIBECS: SUBMITED: TO THE BOARD 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...
AF | DRB | CY2010 | FD-2008-00600
ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN —— ‘ TYPE GEN | PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE BOARD HON GEN UOTHC OTHER DENY xX xX Xx Xx aon vee Xx ISSUES A94.53 INDEX NUMBER A66.00 : EXHIBITS SUBMITTED TO THE BOARD 1 JORDER APPOINTING TELE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF...
AF | DRB | CY2010 | FD-2009-00152
2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO TILE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 14 Jul 2010 FD-2009-00152 ‘ABELICANT'S ISSUE AND THE BOARDS DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED ATR FORCE DING ree ee SS ae Biel nos LARGE BEVIEW-BOARG DECISION! The applicant was offered a personal appearance before the...
AF | DRB | CY2010 | FD-2008-00595
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. FINDINGS: The Board denies the upgrade of the discharge and change of reenlistment code is denied. The basis for discharge was the CDC failures.
AF | DRB | CY2010 | FD-2009-00135
f AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, 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-2009-00135 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. FINDING: The Board grants the requested relief, except the...
AF | DRB | CY2010 | FD-2009-00012
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW : EL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL (a MEMBER SITTING arr GEN | UOTHC x x . - x xX ISSUES A95.00 INDEX NUMBER A67.10 : a - A93.11 J JORDER APPOINTING THE BOARD A01.00 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE...