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AF | DRB | CY2009 | FD2007-00416
Original file (FD2007-00416.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
pe AMN |
| PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

INDEX NUMBER

ISSUES A93.01 A67.10

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE CASE NUMBER

28 Jul 2009

 

FD-2007-00416

   

 

Case heard in Washington, D.C.

application to the AFBCMR.

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

 

X = Upgrade, Reason for Discharge and Reenlistment Code

“APPLICANT'S ISSUE-AND- THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATFACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2007-00416

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 was unable
to be contacted after numerous attempts to schedule a board hearing. The case was reviewed by records
only.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of 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:

Issue 1: The applicant contends that his immaturity at the time led him to say the Air Force was not for him
and he wanted to be discharged. The applicant submits that he takes full responsibility for the decisions
made and the consequences incurred. The record indicates the applicant received an Article 15 with a
Vacation action and three Letters of Reprimand. His misconduct included failure to go, sleeping on post,
dereliction of duty, loud and disruptive behavior and violating military dress and appearance standards. The
Board found that the applicant’s misconduct was willful and that through the aforementioned administrative
actions, the applicant had ample opportunities to change his behavior. The Board determined that the
discharge was neither inequitable or improper to warrant an upgrade of the discharge, reason for discharge or
the reenlistment code.

Issue 2: The applicant cites his discharge prevents him from obtaining better employment. He states the
discharge is a strain in his life and he is looking for a fresh start. The Board was sympathetic to the impact
the discharge was having on the applicant, but this was not a matter of inequity or impropriety which would
warrant an upgrade.

CONCLUSIONS: 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 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief

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