AIR FORCE DISCHARGE REVIE Ww BOARD HEARING RECORD

 

 

 

 

 

 

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HON GEN

~ VOTE OF THE BOARD
UOTHC _

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE APSNISSAN
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type |_| PERSONAL APPEARANCE TX RECORD REVIEW
COUNSEL, NAME OF C COUNSEL ANDORORGANIZATION. a -

ADDRESS AND OR, ORGANIZATION OF COUNSEL,

OTHER

 

 

 

 

 

 

A42.00

 

 

ISSUES INDEX NUMBER

A01.00

 

 

 

 

ae fer e
EXHIBITS SUBMITTED TO THE BOARD

 

LETTER OF NOTIFIC ATION

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

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BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

| PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

“ITAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

HEARING DATE CASE NUMBER

17 Dec 2009 FD-2008-00560

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

 

 

 

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

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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

 

 

| ETT TTT REV
FROM:
SAE SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR . AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, IAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00560

GENERAL: The applicant appeals to change the narrative reason for his discharge.

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 Board noted that the
applicant’s personnel files do not contain records pertaining to his administrative discharge other than a copy
of his DD 214. However, the file contains voluminous medical records.

The attached brief contains available pertinent data on the applicant.
FINDINGS: The Board denies the change of reason for 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 the narrative reason for the discharge.

The applicant contends that his discharge was inequitable based on the following reason:

Issue: The Applicant contends that the DD 214, which cites narrative reason for separation as: “Personality
Disorder,” is a violation of The Health Insurance Portability and Accountability Act (HIPPA), as it divulges
personal medical history to prospective employers who use the DD 214 for employment purposes.
Applicant believes that a broad reason such a “medical” would suffice, especially because his diagnosis is
still unknown. Therefore, the applicant requests that his DD 214 be amended to correct this error.

The Board found that the applicant submitted no issues regarding the inequity or impropriety of his
discharge. The DRB cannot grant the relief requested, as it is not within the purview of the Board to make a
“medical diagnosis,” regarding his current condition. In addition, it is not within the purview of the DRB to
make policy with regard to the applicant’s contention that citing the medical basis on the DD 214 is a
violation of HIPPA. Although the DRB cannot grant the relief requested, the applicant should submit his
request to the Board for Correction of Military Records (BCMR) to determine whether his records should be
corrected.

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 the applicant was provided full administrative due process.

In view of the foregoing findings, the Board concludes that there exists no basis for change of the narrative
reason on applicant’s DD 214 within the purview of the DRB. However, the applicant may request a change
through the BCMR.

Attachment:
Examiner's Brief
FD2008-00560

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

RODRIGUEZ, ROBERT (Former TSGT) (HGH TSGT)
149-62-8086

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF Patrick AFB, FL on 10 Jul 08 UP AFI 36-3208.
Appeals for a Change to RE Code and Narrative Reason.

2. BACKGROUND:
a. DOB: 10 Mar 75 Enlmt Age: 19 5/12 Disch Age: 33 4/12 Educ: HS DIPL.

AFQT: N/A. A-91 E-79, G-70, M-48. PAFSC: 4P071 — Pharmacy Craftsman.

DAS: 29 Dec 03.
b. Prior Sv: (1) AFRes 12 Apr 94 - 8 Aug 94 (3 Mos, 25 Das) (Inactive).

(2) Enlisted as AB on 9 Aug 94 for 4 Yrs. Svd: 3 yrs, 3 mos, 15 das. all AMS.

Extended on 2 Apr 94 for 15 mos. EPRs: 5, 5.

(3) Reenlisted as SRA on 24 Nov 97, for 4 Yrs. Svd: 4 yrs, 9 mos, 21 Das. all AMS.

Extended on 6 Aug 01 for 12 Mos. EPR: 5, 5, 5, 5.

(4) Reenlisted as SSGT on 17 Sep 02, for 5 yrs & 2 mos. Svd: 5 yrs, 9 mos, 22 das. all AMS.
EPRs: 5, 5, 5.
3. SERVICE UNDER REVIEW:
a. Reenlisted as TSGT on 12 Sep 07 for 4 yrs Svd: 0 Yrs, 9 Mos, 27 Das, all AMS.

b. Grade Status: TSGT - 7 Jul0o5
SSGT - 1Jan01
SRA - 9 Aug 97
A1iCc - 9Dec 95
AMN- - 9 Feb 95

c. Time Lost: None.
FD2008-00560

d. Art 15’s & Additional: None.

e. CM: None.

f. Record of Sv: 18 Nov 06 - 17 Nov 07 Patrick AFB 3 (Annual)

g. Awards & Decs: AFCM, AFAM w/2 OLC, AFOUA w/5 OLC, AFGCM w/ 2OLC, NDSM w/18S, GWOTSM,
ewe SS, AFOSSTR, AFLS w/2 OLC, USAFPMEGR w/1 OLC, SAEMR (Rifle),

h. Stmtof Sv: TMS: (14) Yrs (2) Mos (27) Das
TAMS: (13) Yrs (11) Mos (1) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 24 Nov 08.
ATGH: None.

26MAYOO9/JLL.
OMB No. 0704-0004

OMB approval expires
Oct 37, 2009

  
  
   

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

@ public faponing burden for ins sonecuan of Momiaton Is eslimated to average 40 minules per response, including the fme for reviewing Instructions, searching existing
maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding this burden estimate or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004), Respondents should be aware that notwithstanding any ather provision of law, no
parson shail be subject to any penalty for failing to contply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM

TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

      

data sources, gathering an

 

       
 
  

 
 
   
 

AUTHORITY: 10 U.S.C. 1563; E.O. 9397,
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary, however, failure to provide identifying information may impede processing of this application. The request for Social

Security Number is strictly to assure proper identification of the individual and appropriate recards.
1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

 
   
   
 

  

 
 

 

 

   

 

   

 

    
 

 

   

| a. BRANCH OF SERVICE (Xone) | [ARMY | | MARINECORPS NAVY | AIR FORCE | [COASTGUARD |
b. NAME (Last, First, Middle Initia) c. GRADE/RANK AT DISCHARGE d. SOGIAL SECURITY NUMBER
Rodriguez, Robert E6/TSst 149-62-8086
e. CURRENT MAILING ADDRESS GF APPLICANT OR PERSON NAMED INITEM 11 (Forward M PHONE NUMBER (include Area Code,
notification of any change in address.) (321) 242-4986

 

7667 N. Wickham Rd Apt 302 7 EMA
Melbourne, FL 32940 rodepht@cfl.rr.com

 
  

AY NOMEBER include Area Code,

(321) 242-4986

4. DISCHARGE CHARACTERIZATION RECEIVED (X one)| 5. BOARD ACTION REQUESTED (Xx one)
X HONORABLE [[eHANGE TO HONORABLE
GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

UNDER OTHER THAN HONORABLE CONDITIONS CHANGE 10 UNCHARACTERIZED
BAD CONDUCT (Special court-martial only) uss applicable for Air Force)
ARRATIVE REASON FOR

UNCHARACTERIZED x SEPARATION:
personality disorder to medical

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on

_ Page 3.)
It is a violation of Hippa to list medical conditions, or disabilities, in such a manner to divulge personal medical history to prospective

employers who use the DD214 copy 4 for employment purposes. A broad reason such as medical will suffice, especially when my

diagnosis is still unknown.
pplicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
7 OND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
If military dacuments or medical records are relevant to your case, please send copies.)

    
  
 

 

  

  

2. DATE OF DISCHARGE OR SEPARATION

(YYYYMMDD) (If date is more than 15 years
ago, submit a DD Form 149)

 

     
   
  
  

    

 

   
    
   
   
 

20080710

3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION

    
   

  
   
 
   

 

  

 

 

    
     
      
   
  

 

9. TYPE OF REVIEW REQUESTED (x one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.

| ANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.
RE A YRAVE PANEL CLOSEST TO

ma ANDIOR (counsel/representative}) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFO

 

 
    

   

(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)
p. PHONE NUMEB Include Area Code,

AX NUMBER (Include Area Code,

11. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST AGCOMPANY THE APPLICATION. If the application is signed by other than the applicant,
Indicate the name (prin) and relationship by marking a box below.

 
  
  

   
     
 

 

(Last, First, Middle initial)
(See liam 70 of the instructions about counsel/representative.)

  

hone

 
    
    
  
  

   

 

  
 
 

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individtial shall be fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20081124 fA 8 -00F 60
PREVIOUS EDITION IS OBSOLETE

DD FORM 293, NOV 3006 e . Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0

  

(Do not write in this space.)
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable)

15. REMARKS (/f applicable) . . . .
I request a revised DD214 be issued when aforementioned request is accomplished. Likewise if my request can not be accomplished

as requested please provide information to request an appeal.

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, $.E.
9700 Page Avenue Room 309 (NDRB)

St. Louis, MO 63132-5200 i
(See hipvarbelainypentadonTil) Washington Navy Yard, DC 20374-5023

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500

Randolph AFB, TX 78150-4742 Washington, DC 20593

 

 

 

DD FORM 293, NOV 2006 Page 2 of 4 Pages