AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00351 |
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 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: The applicant was discharged with an under honorable conditions (general) discharge for a Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline. Applicant contends she was separated from the Air Force on the account of an incident that she did not do and received an attorney who instructed |
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her to simply apologize as opposed to disputing her case. She wants her discharge upgraded because it will help her with finding better employment opportunities. The record indicates the applicant received two Article 15s, a Letter of Reprimand, and two Letters of Counseling. Her misconduct included failure to go to duty, disrespectful in language to a Senior Non-Commissioned Officer, failure to obey order, disrespected a Non-Commissioned Officer, and failed fitness assessment (2x). The applicant waived her right to counsel and to submit a statement at the time of discharge. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Applicant states that her discharge did not take into account the good things she did while in the service. The DRB took note of the applicant's duty performance as documented by her performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
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 signed a statement (DD Form 2366, on March 19, 2010) that she understood she must receive an Htmorable discharge to receive 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.
Although not specifically stated, applicant contends that she should not be penalized indefinitely for mistakes she made when she was young. The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence she was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct |
AF | DRB | CY2010 | FD-2010-00343
FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...
AF | DRB | CY2009 | FD2006-00403
X=Change Reason and Authority and Reenlistment Code a “TO: SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 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-2006-00403 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for...
AF | DRB | CY2013 | FD-2013-00756
GENERAL: Theapplicant appealsforupgradeofdischargetohonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00525_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADERSONALAPPEARANCE x RECORDREVIEWADDRESSANDORORCANIZATIONOFCOUNSELMEMBERSITTING HON GEN UOTHCOTHER DENY INDEXNUMBERA66.001 ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDlSCHARGE3 LETTEROFNOTlFICATION4BRIBFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCEX+*TAPERECORDINGOFPERSONALAPPEARANCEHEARINGH£AIUNG DATE CASI:NUMBER03Oct 2013...
AF | DRB | CY2013 | FD-2013-00423_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgradeofthedischarge.The Board findsthat neither the evidence ofrecord nor thatprovided by the applicant substantiates...
AF | DRB | CY2013 | FD-2013-00221_13
AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORD ... • ' •• t ,,1,,1:I ' ST,FIRSTllDDLEINITIAL)GRADEAFSN/SSANPERSONAL APPEARANCENAMEOFCOUNSELANDORORGANIZA110NxADDRESSA. 'IDORORGANIZATIONOFCOllNSELGEN UOTHCOTHER DENY xxISSt1ESA92.21A93.0lINDEXNUMllEllA67.101ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCE HEARINGHEARINGDATE...
AF | DRB | CY2013 | FD-2013-00212_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDLAST,FIRSTMIDDLEINITIAL)GRADE ..- PERSONALAPPEARANCE---- x RECORDREVIEWADDRESSANDOR ORCANIZATIONOFCOUNSELMEMBERSIITINGGENUOTHC OTHER DENY 1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LEITEROFNOTIFICATION4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPFARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEAIUNCDATE CASE l\1JMll £ R19Jul2013...
AF | DRB | CY2010 | FD-2010-00394
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 found the no impropriety to warrant upgrade of the discharge and opined the characterization of the discharge received by the applicant was found to be appropriate. Issue #3 - Applicant contends her discharge was inequitable because the other individual was discharged under the force shaping program...
AF | DRB | CY2010 | FD-2010-00376
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 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. The Board reviewed the entire record and found no evidence of impropriety or inequity...
AF | DRB | CY2013 | FD-2013-00616_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING: Upgrade of the discharge, change of reason and authority for discharge, and change...