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AF | DRB | CY2009 | FD2008-00195
Original file (FD2008-00195.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

       

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

 

| PERSONAL APPEARANCE xX RECORD REVIEW

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

 

 

 

 

 

 

MEMBER SITTING

 

GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES

INDEX NUMBER

 

A93.01
A01.00

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

 

[bo [ae

 

>

 

 

 

 

HEARING DATE CASE NUMBER

29 Jun 2009 FD-2008-00195

 

 

 

 
   

 

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.

[}

 

XTURE. OF BOARD PRESIDENT. Po

   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SAF/MRBR

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 : 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AF8, MD 20762-7001

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2008-00195

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment
code.

(NPA) 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 and change of reenlistment code 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 he was initiaily told that he was being discharged under Force Shaping;
however, he later found out that he was being discharged for misconduct. The applicant was discharged for
Misconduct, Minor Disciplinary Infractions, with a general discharge, under honorable conditions. The
records indicated the applicant received an Article 15, a vacation of nonjudicial punishment, seven Letters of
Reprimand and two Letters of Counseling over a three year period. The misconduct consisted of failure to
obey a lawful order, failure to pay his deferred payment plan/Star Card, failure to go to his appointed place
of duty at the time prescribed, failure to use his government credit card for official purposes and failure to
notify proper officials of a malfunctioning alarm system, as it was his duty to do. 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
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.

Issue 3. Applicant contends that he made some small mistakes, but that he considers it due to his young age,
immaturity and lack of self-discipline. The DRB recognized the applicant was 22 years of age when the
discharge took place. However, there is no evidence he did not know right from wrong and he was no
younger than other 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.

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.

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