AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
L PERSONAL APPEARANCE x RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
TYPE GEN
NAME OF COUNSEL AND OR ORGANIZATION
MEMBER SITTING
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| IssuES A93.23 INDEX NUMBER AG7.50 .
A94.53 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 PERSONAL APPEARANCE HEARING
TIEARING DATE CASE NUMBER y
05 Mar 2010 FD-2009-00009
a SSS me aH Bone DEE ONAL EATIONATE ARE DISC ONT ATTACHED ae Le DISCHARGE es GARB DECISIONAL. RATIONAL, c
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
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCIIARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FILQOR
ANDREWS AFB, MD 20762-7001
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
Previous
AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00009
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 are denied.
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 that his discharge was inequitable because he had a medical condition and his
supervisors intentionally tried to create a paper trail to get him out of the military. The DRB noted that the
applicant had been seen by Mental Health and had been diagnosed with an adjustment disorder. However, in
the space of one year, the applicant accumulated a Letter of Reprimand (LOR) for making a false official
statement and leaving work early, an LOR for failure to go to work and disobeying the order of a senior
NCO, an Article 15 for failure to obey the order of a senior NCO, a Letter of Counseling for failure to go to
work, and an Article 15 for violating a regulation by charging his M-16 rifle and having it off safety. The
DRB found the applicant committed the misconduct alleged and there was no inequity or impropriety in the
applicant’s discharge for misconduct. Additionally, the applicant did not contest his discharge at the time it
was initiated and submitted no statements on his own behalf. The DRB 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.
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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