AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
PERSONAL APPEARANCE
| NAME OF COUNSEL AND OR ORGANIZATION
Issues Ag 143 INDEX NUMBER A84.00
A92.21
HEARING DATE CASE NUMBER
03 Mar 2010 FD-2008-00423
+ GRADE AFSN/SSAN
Are pe
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
HON UOTHC
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
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.
TARIAL
SAF/MRBR,
530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ATR FORCE DISCHARGE REVIEW BOARD
1835 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00423
GENERAL: The applicant appeals for upgrade of discharge to honorable, and 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.
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: Applicant contends he was led to believe that when he was discharged from the Iowa Air National
Guard, that he would be able to rejoin. However, after that agreement was made, the applicant indicates the
paperwork that was submitted did not reflect the agreement and was changed without his knowledge. The Board
was pleased to see that the applicant was doing well and participating in the Civil Air Patrol as a major. The
record indicates the applicant received a General discharge from the Iowa Air National Guard for unsatisfactory
participation. Upon review of the record, the Board found Special Order AA-187, dated 31 May 1994, which
indicated the applicant was discharged from the Iowa National Guard with a General service characterization
under provisions of ANGR 39-10, paragraph 5-8(a) (Unsatisfactory Participation). The record also contained an
NGB Form 22, with an effective date of 15 June 1994, which reflected a characterization of service of “General”
and a reenlistment eligibility of “eligible.” The form further indicated the applicant was not available to sign the
document. On 27 June 1994, the reenlistment eligibility block was corrected to reflect “ineligible.” The record
did not contain any information concerning the underlying basis for discharge (Unsatisfactory Participation). The
Board looked at past cases where failure to participate was the basis and the Board noted that normally, members
were separated with a General discharge. Due to lack of evidence and supporting documentation to further
explain the discharge, the Board concludes that the negative aspects of the applicant’s service outweighed the
positive contributions he made in his Air Force career. Relying on the presumption of regularity, the Board finds
the characterization; reason for discharge and the reenlistment code were appropriate.
The Board highly recommends that if the applicant can provide additional documented information to
substantiate his issue, that he should consider exercising his right to make a personal appearance before the
Board. If the applicant chooses to exercise this right, he should be prepared to provide the Board with factual
evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any
contributions to the community.
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.
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.
Attachment:
Examiner's Brief
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