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AF | DRB | CY2009 | FD2007-00424_Redacted
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

a AMN pe

TYPE GEN | PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

     

 

 

 

 

 

MEMBER SITTING

 

UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

ISSUES A93.01 INDEX NUMBER A67.00

 

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

 

 

 

 

1
[2
3
4

 

 

 

 

 

HEARING DATE CASE NUMBER

30 Jun 2009 FD-2007-00424
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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.

 

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SIGNAAURE OF RECORDER 7 ff of ff yf SIGNATURE, OF BOARD PRESIDENT

   

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

   

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

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2007-00424

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 to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is 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. Applicant contends discharge was inequitable because it was too harsh. He admits that he made
mistakes and has expressed a desire to have his discharge upgraded to better his financial situation as a
single parent. The records indicated the applicant received an Article 15 and four Letters of Reprimand for
misconduct. His misconduct consisted of failure to obey a no-contact order, negligently placing his eight
month old child in danger by leaving it unattended for approximately 30-40 minutes, made a false official
statement, underage drinking, speeding, failure to go (twice), failure to adhere to dress and appearance
standards and failure to follow rules and regulations. The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The Board concluded that
the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air
Force career. The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he understood he 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.

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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