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AF | DRB | CY2010 | FD-2008-00539
Original file (FD-2008-00539.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
  
   
   
  

   
  

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

PERSONAL APPEARANCE x RECORD REVIEW

|] NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

ae VOTE OF THE BOARD ~~

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ISSUES A92.21 INDEX NUMBER A67.10 a “EX DIBITS SUBMITTED TO THE BOARD oe
A93.01 1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE |
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE.
TAPE RECORDING OF PERSONAI APPEARANCE HEARING
HEARING DATE CASR NUMBER
01 Dec 2009 FD-2008-00539
TCANT S ORREEE a ISIONAT, RATIONALE ORE DISCUSSED ON THE AT TACHED AIR FORCE DINCHARGE REVIEW BOARD DECISIONAL RATIONALE...
: : ince ss sd SC co oo oe

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.
*Reason and Authority

+Reenlistment Code

 

DATE

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
- out Brae 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-2008-00539

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 bricf 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:

Issue 1. Applicant admits he was young and took the easy way out to avoid conflict with his supervisor and
first sergeant. He has expressed a desire to have his discharge upgraded so that he may be eligible for
reenlistment into the armed forces. The records indicated the applicant received an Article 15, a Vacation,
seven Letters of Reprimand, and four Letters of Counseling for misconduct. His misconduct consisted of
failure to complete a tasking, failure to attend mandatory appointments (3x), caught sleeping during duty
hours (2x), failure to obey an order (3x), making a false official statement, failure to go, violation of dress
and appearance standards by displaying jewelry in ear while in uniform, failure of dorm room inspection and
a radio that was reported missing was found in his helmet bag. 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, continuing his education and has a
good job. 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.

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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