AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMRFR SITTING HON GEN UOTHC OTHER DENY
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X*+
X*+
X*+
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ISSURS EX : CHE :
A94.55 INDEX NUMBER 4 67 49 EXHIBITS SUBMITTED TO THE BOARD
1 JORDER APPOINTING THE BOARD oo
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 PERSONAL APPEARANCE IIEARING
HEARING DATE CASE NUMBER
01 Dec 2009 FD-2008-00556
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE.ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALES
Lt a ae eee
Casé 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
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10: FROM;
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ais . ae AIR FORCE DISCHARGE REVIEW BOARD
530 C STREET WEST, SUITE 40 1535 COMMAND BR, 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-2008-00556
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 brief contains available pertinent data on the applicant and the factors leading to the discharge.
ISSUE: From the DD Form 293, the applicant contends discharge was inequitable because he was given
inadequate time and consideration to correct his behavior.
FINDINGS: The Board denics 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.
Applicant contends discharge was inequitable because his last nonjudicial punishment issued under Article
15, UCMJ, consisted of 6 months probation, but he was not allowed to serve those 6 months to prove
himself. The records indicated the applicant received two Article 15s, three Letters of Reprimand, and three
Letters of Counseling for misconduct. His misconduct included assault, failure to go at the time prescribed
to his place of duty (3x), leaving his appointed place of duty without authority (2x), smoking a cigarette
while checking I.D. cards, expressing a complete disregard for policies and procedures in the performances
of his Security Forces duties, and failure to be available to be reached in a timely manner during an exercise
recall that he knew was going to take place. 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, the reason and authority for discharge, and the
reenlistment code were all 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 the applicant 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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