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AF | DRB | CY2011 | FD-2010-00292
Original file (FD-2010-00292.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC | OTHER DENY
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INDER Rew A110 Be GEES UR EEE EO TEE BOARD
1 |ORDER 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 HEARING
HEARING DATE CASE NUMBER
26 Jun 2012 FD-2010-00292

 

 
   

Case heard in Washington, D.C.
Advise applicant of the decision of the Board, the right to submit an application to the AFBCMR.

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

 

  

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i { : i / SECRETARY OF THE ‘te eoueE HERS NNEL deinen
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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-2010-00292

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 26 Jun 2012.

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 denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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 discharge.

ISSUE:

Issue 1. The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade and
believes she has missed out on several job opportunities due to the characterization of her discharge. The
record indicated the applicant received one Article 15, two Letters of Reprimand (LOR) and one Letter of
Counseling (LOC). The Article 15 and LORs were as a result of misconduct that the applicant admitted to
during sworn testimony. The Board opined that the LOC was not a result of member’s own misconduct and
was considered as a matter of impropriety when used in the characterization of her discharge. However, the
DRB noted that when the applicant applied for the G.I. Bill benefits, she signed a statement (DD Form 2366,
on August 17, 2005) that she understood she must receive an Honorable discharge to receive future
educational entitlements. The Board was sympathetic to the impact the loss of the G.I. Bill benefits was
having on the applicant, but regardless of the impropriety of the LOC, based on the entire record the DRB
found no inequity or impropriety which would warrant an upgrade.

Issue 2. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in her discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized her term of service.

CONCLUSION: The majority of 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.

A minority of the Discharge Review Board opined that the discharge was too harsh based on the minor
disciplinary infractions of the applicant over a short period of time.

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

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