NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
PERSONAL APPEARANCE
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
atc |__|
x RECORD REVIEW
;] NAME OF COUNSEL AND OR ORGANIZATION
a
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING OTHER DENY
|
x
Xx
x
x
Xx
ISSUES 45 99 INDEX NUMBER A67.90 HEB
A92.21 1 |ORDER APPOINTING THE BOARD
A01.00 2 |APPLICATION FOR REVIEW OF DISCHARGE
13 | LETTER OF NOTIFICATION
4 |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
30 Jun 2009 FD-2008-00181
BEC
Case heard in Washington, D.C.
application to the AFBCMR.
X=Change of Reason and Authority and Reenlistment Code
Z)
NYBURE OF RECORDER > fe
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
FOF BOARD PRESIDENT /
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-2008-00181
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 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, change of reason and authority for discharge, and change of
reenlistment code are denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE:
Issue 1. The applicant submitted no issues contesting the equity or propriety of his discharge. The Board
reviewed the entire record and was unable to identify any inequities or improprieties that would justify a
change of discharge. The applicant did submit to have his discharge upgraded so that he may be eligible to
reenlist into the armed forces. The records indicated the applicant received an Article 15 and a Letter of
Reprimand for misconduct. His misconduct consisted of pushing another airman against a wall with his
hands and committed an assault by brandishing at him a dangerous weapon (3.5 inch bladed knife), being
drunk and disorderly, driving while intoxicated and failure to salute a Commanding Officer. 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 DRB was pleased to see that the applicant was doing well, attending Alcohol Anonymous and
attending church. However, no inequity or impropriety in his discharge was suggested or found in the
course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his
term of service.
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
AF | DRB | CY2010 | FD-2009-00181
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AF | DRB | CY2010 | FD-2008-00530
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