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AF | DRB | CY2010 | FD-2008-00330
Original file (FD-2008-00330.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

  
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN x PERSONAL APPEARANCE : RECORD REVIEW ,
ee COUNS) S NAME OF COUNSEL AND OR ORGANIZATION ° ~ ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

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SSUES ggg 1] INDEX NUMBER A67.10 ee EXHIBITS SUBMITTED TO THE BOARD ae
A92.21 | 1 |ORDER APPOINTING THE BOARD .
A93.01 2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIGF OF PERSONNEL FII.E __
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER ,
10 Aug 2010 FD-2008-00330

 

 
 

    
   
 

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HEANT S ISSUE ANI THE BOARD'S DECISIONAL Ky

Case heard in Washington, D.C via video-teleconference from Randolph AFB, Texas.
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.

*Reason and Authority
+Reenlistment Code

 

 

 

 

 

 

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TO: , FROM: wc
SECRETARY OF TIE AIR FORCE PERSONNEL COUNCIL
SAF/MRER . nen: 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-2008-00330

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video
teleconference between Andrews AI'B Maryland and Randolph AFB Texas on 10 Aug 2010. The following
witness also testified on the applicant’s behalf: SSgt (US Army) K. C. (brother).

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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 there was an impropriety in his discharge. He contends he was enlisted under
the Delayed Entry Program and wanted to be in Aircrew Life Support. He had requested several times to be
reclassified which were denied by the Air Force. He further contends there was a personality conflict with
his supervisor. The records indicated the applicant received an Article 15, a Letter of Reprimand, a Letter of

Counseling, and six Records of Individual Counseling for misconduct. His misconduct included failure to
go (5x), failure to polish boots as directed, failure to meet shaving standards, and stealing two vacuum blood
specimen containers. 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 Foree career. ‘The
characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 3. Applicant contends that he should not be penalized indefinitely for a mistake he made when young
and immature. He also expressed a desire to have his discharge upgraded so that he may be eligible to enlist
in the Air National Guard. The DRB recognized the applicant was 20 years of age when the discharge took
place. However, there is no evidence he was immature or did not know right from wrong. The Board
opined the applicant was older than the vast majority of 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.

CONCLUSION: 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 the applicant was provided full administrative due process.
Tn view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for
upgrade of discharge and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief

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