AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00766 |
| 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 ISSUE: Applicant received a general discharge due to misconduct -minor disciplinary actions Applicant states that her discharge did not take into account the good things she did while in the service. The recorded indicated that the member received one Article 15 and four Records of Individual Counseling. Her misconduct included stopped and detained by civilian law enforcement trooper for speeding, driving on suspended license, language and conduct unbecoming of an NCO and lied to the trooper, failed to go on time to mandatory squadron run as ordered by SQ CC, Flight CC, and supervisor, slept on duty, failed to go to PHA, late in completing continuation training, departed duty location after issuing 5 day weather forecast (between 0115 - 0230) and did not notify other agencies and did not return until 0615, created 5 day forecast and did not send it as required, departed duty location and found at home sleeping by day shift, failed to go to duty, and failed to obey lawful order from NCO to report to work NLT 1200. 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 DRB was pleased to see that the applicant was doing well, has a good job and was involved the community. 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. 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 January 12, 1998) that she understood she must receive an Honorable 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.
CONCLUSION: 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 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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OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTEOR-TIEE- BOARD HON GEN UOTHC / OTHER DENY x Xx x Xx L _| x | Issues SaaS NUMER rr = : “ED TO THE ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI BOARD 1 JORDER 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...
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