AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW
“2 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES 495 99 INDEX NUMBER ‘A67.90 . EXHIBITS SUBMITTED TO;THE BOARD
A01.00 1 |ORDER APPOINTING THE BOARD
A93.01 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
01 Jul 2010 FD-2009-00116
APPLICANT oN D TRE BOARD'S DECISIONAL RATIONALE AREDISCUSSED G
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ay
FFE ATTACHED AIR 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.
* Reason and Authority
+ Reenlistment Code
‘44
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
on AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WES, SUITE 40 1535 COMMAND DR, 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-2009-00116
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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE:
Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in another branch of the armed forces. The record indicates the applicant received an Article 15, a
vacation of suspended punishment, a Letter of Reprimand, two Letters of Counseling and two Records of
Individual Counseling. His misconduct included failure to go (3x), dereliction in the performance of his
duty, grooming standards, and making provoking speech. He also feigned a leg injury to avoid doing PT.
The Board opined that through the administrative actions taken, the applicant had ample opportunities to
change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the
applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety
or inequity to warrant an upgrade of the discharge.
Issue 2. Applicant infers that he should not be penalized indefinitely for a mistake he made when young.
The DRB recognized the applicant was 20 years of age when the discharge took place. However, there is no
evidence he was immature or did not know right from wrong. The Board opined the applicant was the same
age as 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 duc to the
misconduct.
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 Bricf
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