NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
NAME OF COUNSEL AND OR ORGANIZATION
ISSUES INDEX NUMBER
A94.05 A67.10
HEARING DATE CASE NUMBER
02 Mar 2010
FD-2008-00598
Case heard in Washington, D.C.
application to the AFBCMR.
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SAF/MRBR
350 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
| PERSONAL APPEARANCE x
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
chia ta the «nylicant at the applicant’s request.
AFSN/SSAN
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
[LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCIIARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
(EF-V2)} Previous
CASE NUMBER
| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp_2998-00598
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.
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:
The applicant contends discharge was inequitable because it was too harsh. In support of his contention, the
applicant noted that three of the incidents that were used as the basis for his discharge occurred in the same
year and that he had been in the Air Force for three years before he got into trouble. The applicant enlisted
on 23 March 2004. The records indicated the applicant received an Article 15 on 19 June 2007, a Vacation
Action on 13 November 2007, a Letter of Reprimand on 5 February 2007, and a Record of Individual
Counseling on 20 December 2006. His misconduct included using disrespectful language toward two
different non-commissioned officers; assaulting a senior airman by pushing him and disorderly conduct;
urinating in public, failing to obey a lawful order, and disrespect and disregard for authority; and verbal and
written harassment of a fellow airman. 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
Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of
the discharge.
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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