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A67.10 | |

AIR FORCE DISCHARGE REVIEW BOARD BEARING RECORD

T, FIRST MIDDLE INITIAL)

GRADE

X

RECORD REVIEW

ADDRl:M AND OR ORGANIZATION OFCOUNSEL

MEMBER S

| | I | 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 EXHIBITSSUBMITTED AT TIME OF PERSONAL APPEARANCE
| | | TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

02 Aug 2013
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CASE NUMBER

FD-2013-00403

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Case heard in Washington, D.C.

Advise applicant 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.

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

* CHANGE RE CODE

TO:
SAF!MRBR
550 CSTREET WEST,SUITE 40 RANDOLPH AFB, TX78150-4742

SECRETARY Of THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
IS35 COMMAND DR, EE WING.3RD FLOOR ANDREWS AFB. MD 20762-1001

^AFHQ ^FORM ^0-2077,JAN ^00	(EF-V2)	Previous

CASE NUMBER
AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	_FD-2013-00403

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 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:	Upgrade  of the discharge,  change  of reason  and authority for discharge,  and change of reenlistment code are denied.

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 minor disciplinary infractions.  The applicant admits he made some bad decisions while in the Air Force and regrets his misconduct. The applicant does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his country in the Armed Forces. The records indicated the applicant received an Article  15, three Letters of Reprimand, and two Letters of Counseling. His misconduct included underage consumption (2x), failure to go to duty (3x), failure to complete initial environment management systems awareness training, and disrespect towards a Non-Commissioned  Officer.  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.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. However, there is no evidence he 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.

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