AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN xX PERSONAL APPEARANCE RECORD REVIEW
ees ed NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
QUEEN BAKER American Legion 1608 K Street Nw Washington DC
| X 20006
MEMBER SITTING
|
ISSUES A01.43 INDEX NUMBER A84.00
A92.01 1_|ORDER APPOINTING THE BOARD
A02.12 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
19 Jun 2012 FD-2010-00278
FPL ACA TS
Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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.
*Narrative Reason and Authority
+RE Code
TO:
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 AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 , (EF-V2) Previous
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2010-00278
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), with counsel, at Andrews
AFB on 19 Jun 2012.
The following additional exhibits were submitted at the hearing:
Exhibit # 5: Applicant’s Contentions
Exhibit # 6: Discharge Notification Receipt
Exhibit #7: Inspector General Response Letter
Exhibit #8: Administrative Discharge Letter
Exhibit #9: Discharge Notification Letter
Exhibit #10: American Legion Statement
Exhibit #11: College Transcripts
Exhibit #12: Community Service Certificate
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board grants the upgrade of the discharge. The request to change the reason and authority
for discharge and to change of reenlistment code are denied.
ISSUE: Applicant received a General discharge for Unsatisfactory Participation
Applicant contends discharge was improper because she was not given the opportunity to appear before an
administrative discharge board. On March 15, 2009, the applicant’s unit forwarded her a Letter of
Notification of Action under AFI 36-3209, Separation and Retirement Procedures for Air National Guard
and Air Force Reserve Members, to notify her of the discharge action. The letter was forwarded to her
address of record. On March 23, 2009 the certified copy of the Letter of Notification was received and
accepted at the applicant’s address of record. The applicant stated she did not receive the notification until
the end of April 2009 and acknowledged receipt on May 3, 2009. However, IAW AFI 36-3209, paragraph
4.6 the unit, within their right, assumed that her failure to respond within fifteen days of receipt constituted a
waiver of the rights. The unit issued discharge on April 29, 2012 with an effective date of May 1, 2012. The
Board found that the Letter of Notification, regardless of when it was received, was incorrectly done and did
not notify the applicant of her right to appear before an administrative discharge board. The Board found
this to be sufficient mitigation and extenuation to substantiate an upgrade of the discharge to honorable.
Applicant contends discharge was inequitable because it was too harsh based on her overall performance
during her 12 years of service. Additionally, on her DD Form 293, Application for the Review of Discharge
from the Armed Forces of the United States, she contended that she always had 100 percent satisfactory
participation during her military career. Upon review of the record, the Board was unable to find any
documentation regarding her duty performance. Due to lack of evidence, the Board relies on the
presumption of regularity and concluded that her command appropriately considered this information at the
time of her discharge. The Letter of Notification for discharge states the applicant accumulated ten
unexcused absences from UTAs during a twelve month period. Although the applicant originally contended
she had 100 percent participation, during the course of hearing she testified that she missed nine of the ten
UTAs cited in the discharge notification. IAW AFI 36-3209, paragraph 3.13.2, nine absences in a twelve
month period is grounds to initiate discharge. Based on these finding the Board denies the request for the
change to the reason and authority for discharge and the change of the reenlistment code.
CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the
procedural and substantive requirements of the discharge regulation and finds the applicant was not provided
full administrative due process.
In view of the foregoing findings, the Board concludes tof overall quality of applicant’s service is more
accurately reflected by an Honorable discharge under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
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