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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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L\ST,FIRST MIDDLE INIDAL)

GRADE	AFSNJSSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

NAME Ot' COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORCANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	^DENY
x x x
x
x

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DlSCHARGE
3 LEITEROF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITTONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	^CASE  ^NUMBER

^01 ^May ^2014	FD-2014-00130

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.

TO:

SAF/MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB,TX 78150-4742

FROM:

St:CRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING, JRD FLOOR
ANDREWS AFB,MD 2a762 'IOOI

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2014-00130

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 following additional matter submitted were considered at the hearing:
Exhibit #1: Enlisted Performance Report for period 24 December 2008 - 23 December 2009
Exhibit #2: Enlisted Performance Report for period 24 April 2007 -23 December 2008

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 a pattern of misconduct.

The applicant contends that the record shows he excelled at all tasks expected within the Air Force code of conduct.  The record indicates the applicant received three Letters of Reprimand, an Article 15, and a General Court Martial conviction. His misconduct included failure to report (5x), absent from place of duty without authority (2x), false official statement, civilian arrest for driving on a suspended license, driving under the influence and assault on a senJ:ry.  The Board opined that through these administrative and judicial
actions, the applicant had ample opportunities to change his behavior.  The Board took note of the applicant's duty performance as documented by his performance reports and other accomplishments.   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.

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