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AF | DRB | CY2010 | FD-2008-00444
Original file (FD-2008-00444.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

    

 

xX PERSONAL APPEARANCE

GRADE AFSN/SSAN

RECORD REVIEW

 

NAME OF COUNSEL AND OR ORGANIZATION

  
 

ADDRESS AND OR ORGANIZATION OF COUNSEL

X*

 

    

INDEX NUMBER

A67.10

A93,02 A49.00

HEARING DATE

30 Mar 2010

CASE NUMBER

FD-2008-00444

 

Case heard in Washington, D.C.

* CHANGE RE CODE

      
  

 

SECRETARIAL AUTHORITY

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

 
    
  
 
   

+ CHANGE CHARACTERIZATION TO ENTRY LEVEL SEPARATION AND CHANGE REASON _AND.A

UOTHC OTHER

sh

 

DENY

 

x*+

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

 

 

 

 

mii |=

BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

    
    

  

PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

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.

TO

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FILOOR

ANDREWS AFE, MD 20762-7001

    

 

(EF-V2)

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CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2008-00444

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 30 Mar 2010. The following witness also testified on the applicant’s behalf: Mr. William
H. Hunter (father).

The following additional exhibits were submitted at the hearing:
Exhibit # 5: Applicant’s Contentions
Exhibit # 6: A Resume, a Personnel Statement, 15 Character Reference Letters, and a Certification of
Completion for a Criminal Justice Standards and Training

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

FINDING: The discharge is upgraded to Entry Level.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

ISSUE: The applicant contends discharge was inequitable because it was too harsh given his misconduct
was a result of his youth and immaturity. The applicant was discharged for minor disciplinary infractions
and for failure to progress in on-the-job training as an Air Traffic Controller. The records indicated the
applicant received an Article 15 for wrongful use, with intent to deceive, of an Enlisted Phase Program,
Phase II identification card; a Letter of Reprimand for wearing a sloppy uniform; a Letter of Counseling for
failing a dorm room inspection (x2); and four AETC Form 173s (sleeping in class, unshaven (x2), reporting
to class in a sloppy uniform, and failing to complete a homework assignment). He was discharged with an
under honorable conditions (general) service characterization 20 days after completing six months of service.
The DRB opined that the type of minor disciplinary infractions the applicant committed, along with the
technical school washout, is the type of behavior we are looking for during the initial six months of service
to determine whether to separate an individual under an Entry Level Separation. Although the DRB did not
condone the misconduct of the applicant, the DRB deemed, given the type of the misconduct and the fact
that the misconduct and the applicant’s elimination from technical training all occurred within six months of
entering the service, an Entry Level Separation discharge was more appropriate and equitable.

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.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately described as Secretarial Authority. The applicant’s characterization of discharge
should be changed to Entry Level Separation and the reason for the discharge changed to Secretarial
Authority under provisions of 10 USC §1553.

Attachment:
Examiner's Brief

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