NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
SRA
TYPE GEN | PERSONAL APPEARANCE
x RECORD REVIEW
NSEL, " NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
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13 May 2010
TAPRLICANT SSuce AND
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Case heard in Washington, D.C.
application to the AFBCMR.
*Reason and Authority
+Reenlistment Code
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
§ DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED Al
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OT BXBETS SUBSITTED TO THE BOARD 97
A94.05 1 |ORDER APPOINTING TUE 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
or
HEARING DATE CASE NUMBER
FD-2009-00126
PDISCHARGE REVIEW BOARE
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
Names and votes will be made available to the applicant at the applicant’s request.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EE-V2)_
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00126
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. Although not explicitly stated, applicant contends his discharge was inequitable because it was too
harsh. The records indicated the applicant received a General Discharge for Unsatisfactory Participation
from the Air National Guard. Upon review of the record, the Board was unable to find any documentation
regarding the discharge. Due to lack of evidence and supporting documentation to explain the discharge, the
Board concludes that the misconduct was a significant departure from the conduct expected of all military
members. The Board relies on the presumption of regularity and finds the characterization; reason for
discharge and the reenlistment code were 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 accomplishments and 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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