AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE cEN PERSONAL APPEARANCE Xx RECORD REVIEW
COUNSEL: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTEOF THEBOARD ==
MEMBER SITTING HON GEN UOTHC OTHER DENY
INDEX NUMBER
ISSUES A94.54
A02.04
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
mm) Gy |—
HEARING DATE CASE NUMBER
29 Jun 2009 FD-2008-00292
APPLICANT’S ISSUE AND THE BOARD’S DECISIONAL RATIONALE ARE DISCUSSED:ON THE ATTACHED AIR: FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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.
SIGNATURE OF RECORDER, SIGYATURE, OF BOARD/PRES
INDORSEMENT "DATE: 7/14/2009:
TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AEB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. FD-2008-00292
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: The Board grants the requested relief.
The Board finds that the evidence of record substantiates an impropriety that would justify a change of
discharge.
ISSUE:
Applicant submitted no specific issues regarding the inequity or impropriety of his discharge, but requests an
upgrade of his discharge because he would like to utilize the G.I. Bill to further his education and better
support his daughter. The record indicates the applicant received two Letters of Counseling, two Letters of
Reprimand; two Letters of Admonition and one Article 15. His misconduct included failure to document
Delay Enlistment Program follow-up/folders; misuse of government-owned vehicle, failure to pay financial
debt, failure to accept priority three leads for recruitment and failure to make assigned phone calls/contacts.
After thorough review of the service record, the Board found evidence of an impropriety in the discharge of
the applicant. Based on the provisions of Air Force Instruction 36-3208, paragraphs 6.2.2. and 6.2.2.2., “an
Airman recommended for discharge.... must be offered an opportunity for a hearing by an administrative
discharge board if the member has 6 years or more total active and inactive military service at the time the
°°
discharge process starts.” The record indicates at the time of his discharge notification, the applicant had
over six years total active/inactive military service and was not afforded a board hearing. The Board
Majority determined that there was substantial doubt that the discharge characterization would have
remained the same if an administrative hearing had convened and concluded the discharge was improper.
CONCLUSIONS: The Discharge Review Board concludes that the discharge was inconsistent with the
procedural and substantive requirements of the discharge regulation and was not within the discretion of the
discharge authority and that the applicant was not provided full administrative due process.
In view of the foregoing findings, the Board concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
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