AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
X _| PERSONAL APPEARANCE | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING DENY
X
r — — —
xX
L __| _
X
[— ——T
X
X
ISSUES A994, 05. INDEX NUMBER AO7. 10
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
18 Jun 2009 FD-2008-00409
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.
SIGNATBRE OF RECORDER); “7 SIGNA’ BOARD PRESIDE! 7
TO: FROM:
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-2008-00409
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 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 discharge was inequitable because it was too harsh and believes his discharge
should be based on hardship. The records indicated the applicant received an Article 15, a Vacation, five
Letters of Reprimand, nine Letters of Counseling, a Record of Individual Counseling and eight
Memorandums for Record for misconduct. The applicant was administratively disciplined for failure to go
(three times), sleeping on duty (three times), failure to pay debt to AAFES, failure to maintain quarters,
being late for duty (six times), overdue suspense, training assignment being overdue (twice), failure to
maintain base housing yard, missed appointment, failure to complete assigned training, failure to pay bills,
failed inspection of quarters, and failure to obey an order. The DRB noted applicant’s contention that his
discharge should have been for hardship. However, the applicant failed to provide documentation to support
his contention. Therefore, his request is without merit. 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 DRB
noted that when the applicant applied for these benefits, he understood he must receive an Honorable
discharge to receive future educational entitlements. 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.
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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