AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE XK RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
HON GEN UOTHC OTHER | DENY
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ISSUES A94.06 INDEX NUMBER A49.00 EXHIBITS SUBMITTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2. |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETYER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE __
COUNSEL’§ RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
07 Dec 2009 FD-2008-00577
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED AIR. FORGE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,
Case heard 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.
*Reason and Authority
+Reenlistment Code
ENDORSEMENT. DATE: lcAogs
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAb/MEBR me amer AIR FORCE DISCHARGE REVIEW BOARD
550 C STRELT 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-2008-00577
GENERAL: The applicant appeals for upgrade of discharge to honorable, change of reason and authority
and to change the reenlistment code.
The applicant was offered a personal appearance before the Discharge Review Board (DRB) and elected to
exercise this right. However, the case was tendered before the personal appearance hearing date. A tender
consideration is the process of reviewing a projected personal appearance case to determine if the board
would grant the requested relief based on the evidence in the service record and a possible impropricty found
in the administrative discharge.
After a review of the record, the Board unanimously voted to grant the rclief of the requested upgrade as
discussed below.
FINDINGS: The Board grants the requested relief.
The Board finds evidence in the record to substantiate an inequily that would justify a change in the
discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant’s
discharge and the change to the reenlistment code to 3K.
ISSUE: The applicant contends discharge was inequitable based on the failure by command to properly
administer her CDC training.
Applicant contends discharge was inequitable because it was too harsh. The records the Board had indicated
the command had not taken any administrative action, such as a letter of reprimand, or adverse action such
as non-judicial punishment under Article 15. ‘he records further indicated that the applicant was issued two
CDC tests within a two week period and the Board noted the applicant’s statement that her trainer failed at
least onc CDC test while training the applicant. The Board found that based on the above, that in this case, a
General Discharge was too harsh for merely failing to progress. Thus, the characterization of the discharge
received by the applicant and the RE code were found to be inappropriate.
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 provided full administrative due process.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge and the reenlistment code changed to 3K
under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
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