AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
a AB
AFSN/SSAN
TYPE UVOTHC l PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL ANDOR ORGANIZATION , ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
x
VOTE OF 'THE:BOARD
RAT RATE ferme “ A dl a Ss
HON GEN UVOTHC OTHER DENY
Xx
x
x
x
x
ISSUES A93.01 INDEX NUMBER A67.50 EXHIBITS SUBMITTED TO-THE-BOARD:
A93.07 1 JORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LEITER OF NOTIFICATION 7
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
17 Dee 2009 FD-2008-00374
(APPLICANT'S [ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARUE REVIEW ROARD 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.
er TT
FR reaper. NI » co oe EIT CT LOT
vO: FROM:
i 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-2008-00374
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 was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: The Board denies the upgrade of the discharge and change of reason and authority for
discharge, and change of reenlistment code are 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: The applicant contends discharge was inequitable based on the following reasons:
1. Age and Maturity.
2. Marital/Family Problems.
Issue 1. Applicant contends that he should not be penalized indefinitely for mistakes he made when young.
The records indicated the applicant received four Article 15, two Vacation Actions, three Letters of
Reprimand, one Letter of Counseling, one Record of Individual Counseling and six Memorandums for
Record for misconduct. His misconduct included failure to report/go (10x), falling asleep while on duty,
failing to show proper respect to the National Anthem, lying about the time his shift would end, wrongfully
obtaining meals from an AF dining facility by false pretense on divers occasions, failing to communicate
with command in a timely matter about issues that would keep him away from his duty location (2x), failing
to wear a seat belt while on base, and stealing property from AAFES. The DRB opined that through these
administrative actions, the applicant had ample opportunities to change his negative behavior. The Board
concluded the applicant’s misconduct was a significant departure from conduct expected of all military
members. The DRB recognized the applicant was 21 years, 10 months 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 characterizations of the applicant’s discharge,
the reasoning for discharge, and reenlistment code were appropriate due to the misconduct.
Issue 2. Applicant contends that due to marital/family problems he was under undue stress and should not
be punished indefinitely for the mistakes he made while under those temporary stressors. The DRB
recognized the applicant had marital and family issues; however, there is no evidence these stressors caused
him to not know right from wrong. The Board opined the applicant’s situation was not significantly more
unusual from what other Air Force members face; yet, they are able to properly adhere to the Air Force’s
standards of conduct. The DRB concluded that the characterizations of the applicant’s discharge, the
reasoning for discharge, and reenlistment code were appropriate due to the misconduct.
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 the applicant 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 and determines the discharge should remain unchanged. The Board further concludes
that there is no legal or equitable basis for change of reason and authority for discharge, or change of
reenlistment code
Attachment:
Examiner's Brief
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