AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
|] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES A92.2) INDEX NUMBER AG7.10 ee : f CC
A92.01 1 JORDER APPOINTING THE BOARD
A94.05 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 HEARING
HEARING DATE CASE NUMBER
29 Jan 2010 FD-2008-00601
Ri) DECISIONAL RATIONAL
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
ee. DATE S0201017
TO: , FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND Dk, EE WING, 3RD FLOOR
RANDOLPH AFR, 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-2008-00601
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.
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 contends discharge was inequitable because it was too harsh. He further contends his
Non-Judicial Punishments were handled inappropriately. He has expressed a desire to have his discharge
upgraded so that he may be eligible to reenlist in the armed forces. The records indicated the applicant
received three Article 15s and a Letter of Counseling for misconduct. His misconduct consisted of failure to
report for two scheduled dental appointments, wrongfully appropriate a truck and automobile, making false
official statements, and committing sodomy. 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. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.
Issue 3. The DRB was pleased to see that the applicant was doing well 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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