AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
TYPE | PERSONAL APPEARANCE xX RECORD REVIEW
G :| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
xX
x
xX
xX
X
ISSUES A94.01 INDEX NUMBER A67.10 ae | HAE £S N a
A93.33 (1 | ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |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
29 Jun 2009 FD-2008-00297
APELICAMI '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, 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.
SIGNATURE49 RECORDER _, . SIGPATURE OF BOARD ‘SIDEN’
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 AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00297
GENERAL: The applicant appeals for an upgrade of his charge, characterized as General/Under Honorable
Conditions, to an Honorable Discharge.
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 information provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUES:
Applicant contends his discharge was inequitable due to a lack of communication, and he states that he has
suspicion that this is an unethical means of reprimanding him for his disciplinary misconduct. On the DD Form
293, the applicant addresses solely the infractions committed and recorded on the AETC Form 341 while he was
in technical training at Keesler AFB. The Phase Program for tech trainees requires all trainees to possess the
Form 341 as well as having one form posted at the entrance of their dormitory rooms to document discrepancies
in their living area. The applicant states that he was never addressed and counseled by his supervisors or others
in his chain of command over these incidents and contends that constitutes an inequity with regard to his
discharge. This is in direct contravention to 81 TRW/JA 5 March 1997 Legal Review, paragraph 3, which
documents that “AB was counseled for one occasion each of the following minor disciplinary infractions:
being absent from bed checks, failing to shave, failing to update his locator card, and failing to have an AETC
Form 341 on his person.” The Discharge Review Board noted that these infractions, in and of themselves, are
minor and would not normally be the sole basis for discharge. However, the applicant failed to mention his
Letter of Reprimand and subsequent Article 15 for two incidents of underage drinking, and one attempt to flee
Security Police in the lawful conduct of their duty. For these offenses alone, removal and discharge from the Air
Force are appropriate actions for which his supervisors specifically and directly communicated (verbally and in
writing) to him his shortfalls in conduct. When the Letter of Reprimand was issued, his chain of command
utilized the common tools of discipline in the Air Force to correct his behavior, specifically the underage
drinking--but the applicant was undeterred and committed the same offense again.
The Board considered the applicant’s statement that he was a “model Airman” on duty, and after thorough review
of the records, the Board Majority determined that through the administrative actions taken, via the AETC Forms
341, LOR and Article 15, the applicant had ample opportunity to modify his behavior. The Board Majority found
the willful misconduct offset any positive aspects of the applicant's duty performance and concluded that the
discharge and reason for discharge were appropriate.
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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