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AF | DRB | CY2015 | FD-2012-00491
Original file (FD-2012-00491.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVI EW BOARD H EARING RECORD
NAME OF SERVICE M£MBER (LAST, FIRST MIDOLF. IN ITIA L)   GRA DE
(b) (6)

TYPE GEN        I        PERSONAL APPEARAN CE     x        I        RECORD REVIEW
COUNSENAME OF COUNSEL AND OR ORGANl7.ATION     ADDRESS AND OR ORGANIZATION Of COUNSEL
YES      No
x
VOTE OF THE BOARD
MEMBER SITTING  HON      GEN      UOTHC    OTHER    DENY
(b) (6*        x
x
x
x
x
ISSUES   A94.53   INDEX NUMBER     A84.00   EXHIBITS SUBMTITtO TO TIU: BOARD
ORDER APPOINTING THE BOARD
APPLICATION FOR R.EVLEW Of DISCHA RG E
3 LETTER OF NOTIFICATION
4 BRIBF Of PERSONNE L FILE COUNSEL'S RELEASE TO THE BOARD
ADD ITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANC E
TAPE RECORD!NG OF PERSONAL APPEARANCE 1 IEA RING

HEARING DATt     CASE NUMBER

30 Apr 2015      FD-2012-00491
APPLICANT'SlSU"E AND TI!E BOARD'S DECISIONAL R.ATIONALli ARC DISCUSSED ON TllE A1JACHEO AIRFORCE OlSCHARGll R.EVl£W BOARD DllC!SIONAL RATIONALE

Case heard in Washi ngton, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

*Signal





(b) (6-

INDORSEMENT      -

DATt: 611/201        

TO:      t·ROM:
SAFIMR.BR        SECR£TAl<V OFTHE AIR FORCE PERSONl>EL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40
IS.JS COMIAND 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-2012-00491

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: The applicant received a General discharge for Unsatisfactory Participation

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantiaI credible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant 's record of service does not include a discharge package, but only NGB Form 22 for a General discharge for non-participation effective 25 September 2003.

Applicant contends her discharge was improper because she believes that she was discharged because of her pregnancy. She states that her unit did not want to provide new uniforms for her two remaining drill weekends. Upon review of the record , the Board was unable to find any documentation regarding the discharge. Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct expected of all military members. The Board relies on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were appropriate.

The Board highly recommends that if the applicant can provide additional documented information to substantiate her issue(s), that she should consider exercising her right to make a personal appearance before the Board. Ifthe applicant chooses to exercise this right, she should be prepared to provide the DRB with factual evidence of the inequity/impropriety.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation , was within the discretion of the discharge authority, and that 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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