AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
AMERICAN LEGION 1608 K STREET NW WASHINGTON DC 20006
HON GEN UOTHC OTHER DENY
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ISSUES A93.15 INDEX NUMBER AG7.90 Pe ee ae
A94.05 1 [ORDER APPOINTING THE BOARD
}2_| APPLICATION FOR REVIEW OF DISCHARGE
3 [LETTER OF NOTIFICATION ne.
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
25 Feb 2010 FD-2008-00497
'G ISSUE-AND THE BO,
a
Case heard in Washington, DC.
ARDS DECISIONAL RATIONALE ARB DISCUSSED ON THE ATTOCHED AlN FORCE
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
DATE: S/S/20TR ‘
TO: , : "| FROM;
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
nee ; AIR FORCE DISCHARGE REVIEW BOARD
§50 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-2008-00497
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority and change the reenlistment code. The attached brief contains available pertinent data on the
applicant and factors leading to the discharge.
The applicant appeared and testified before the Discharge Review Board (DRB) with counsel at Andrews
AFB on 25 Feb 2010. The following witness also testified on the applicant’s behalf: Mrs. Elizabeth Cruz-
Torres (Wife).
The following additional exhibits were submitted at the hearing:
Exhibit 6: American Legion Statement
Exhibit 7: Status of Training (E-mail Traffic)
FINDINGS: Upgrade of discharge, change of reason and authority 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: Applicant contends his discharge was inequitable because it was too harsh in light of racial
discrimination that he was subjected to by his co-workers that contributed to and extenuated his misconduct
of record. The records indicated the applicant received two Article 15s, four Letters of Reprimand (LORs)
and two Letters of Counseling (LOCs). The first Article 15 was for failure to go to appointed place of duty
and without authority left appointed place of duty. The second Article 15 was for being disrespectful in
language towards a noncommissioned officer. He was discharged with a general discharge under honorable
conditions after serving 2 years and 10 months of his 4 year enlistment. The Discharge Review Board
opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board found applicant’s issues to be without merit and concluded the misconduct
was a significant departure from conduct expected of all military members and the characterization of the
discharge received by the applicant found to be appropriate.
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 that the applicant was provided full administrative due process.
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