AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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ISSUES A93.01 INDEX NUMBER A67.10 ode Thats EXHIBITS SUBMITTED TO THE BOARD
A94.53 1 |ORDER APPOINTING THE BOARD _ ;
2 |APPLICATION FOR REVIEW OF DISCHARGE ee
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE _ ee
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXUIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL. APPEARANCE HEARING
HEARING DATE CASE NUMBER
17 Dec 2009 FD-2008-00588
APPLICANT'S ISSUE. THE -BOARD!S DECISIONAL RATIONALE ARE. DISCUSSED ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.)
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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.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
Sar MREE 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, MP 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00588
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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.
FINDINGS: The Board denies the upgrade of the discharge.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
aftcr a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE: Although the applicant docs not specifically contend that his discharge was inequitable, he
requested an upgrade based upon his contention that he joined the military before he was ready and made
some bad decisions, but he has since corrected his faults. The applicant does not want the discharge
characterization to negatively affect the rest of his life.
The record indicated the applicant received the following corrective action:
|. 28 Feb 07, Letter of Reprimand (LOR): Failing to report to duty on time.
2. 5 Mar 07, LOR: Failure to report to duty on time and with a proper uniform.
3. 19 Mar 07, LOR: Reporting late for duty.
4. 25 Oct 07, LOR: Unlawfully used salvia.
5. 30 Oct 07, Art 15: 4 specifications of Failure to go and dereliction of duty.
Applicant contends that he should not be penalized indefinitely for a mistake he made when younger,
specifically because he joined the military before he was ready. The DRB recognized the applicant was 19
years of age when the discharge took place. |lowever, there is no evidence that he did not know right from
wrong. The Board opined the applicant was no different than the vast majority of first-term members who
properly adhere to the Air Force’s standards of conduct. The DRB concluded that the characterization of the
applicant’s discharge was appropriate due to the misconduct, especially his unlawful use of salvia.
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 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
AF | DRB | CY2010 | FD-2009-00177
FINDING: The Board denies the upgrade of the discharge and change of reason and authority for discharge, and change of reenlistment code are denied. Issue 2, Applicant contends the Board should take into account his post-service activities. However, the DRB opined that there was no relationship between the applicant’s illness and his misconduct and concluded the characterization of the discharge received by the applicant was appropriate.
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