AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
r -
x
r —
X
xX
x
ISSUES INDEX NUMBER
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
A94.54
A67.10
Be] Ge pbs |
|
HEARING DATE CASE NUMBER
29 Jul 2009
FD-2008-00303
SESONATEE
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.
CICMATUDE AT DECANE * MONA THEA AD DAABN BDECINERIT =
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 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-2008-00303
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 approved. The characterization of discharge is upgraded to honorable.
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 identified inequity based on irregularity that would justify a
change of discharge.
ISSUE:
Applicant submitted no issues and requested that the review be completed based on the available service
record. The Board reviewed the entire record and found evidence of inequity compared to similar cases
reviewed. The record indicates the applicant received one Record of Individual Counseling, two Letters of
Counseling and three Article 15s. His misconduct included failure to go, failure to wear seat belt while
operating a government vehicle, insufficient funds/poor check writing practices, dereliction of duty (x2) and
leaving appointed place of duty without proper authority. However, based on case history for similar
instances, the Board concluded the characterization should be upgraded to reflect a more consistent pattern.
The discharge itself was not brought into question, only the characterization.
CONCLUSIONS: The Discharge Review Board concludes that the discharge was inconsistent with the
procedural and substantive requirements of the discharge regulation but was still 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 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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