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AF | DRB | CY2010 | FD-2008-00465
Original file (FD-2008-00465.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    
  
 

 

   

 

 

  
    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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x PERSONAL APPEARANCE RECORD REVIEW
0 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES A92.21 INDEX NUMBER A66.00 . |
A94,05 1 |ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
(3. [LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE 7
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPFARANCE HEARING
HEARING DATE CASE NUMBER ~
02 Feb 2010 FD-2008-00465

 
   

Case heard in Washington, D.C.

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.

 

 

 

 

ene
TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
aa tMEEE AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EF WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MP) 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00465

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant appeared and testified before the Discharge Review Board (DRB),without counsel, at
Andrews AFB on 02 Feb 2010,

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.

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. Although not explicitly stated, applicant contends his discharge was inequitable because it was too
harsh. The records indicated the applicant received an Article 15, a Letter of Reprimand, and two Records
of Individual Counseling for misconduct. His misconduct consisted of wrongful use of marijuana, striking
another airman, failure to check BITC truck and driving on a flat tire, and missing appointments. 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 DRB was pleased to see that the applicant was doing well and has a good job as a dental
assistant. 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. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form
2366, on June 4, 1999) that 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.

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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