AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD, :
HON GEN UOTHC OTHER DENY
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ISSUES A94.06 INDE NUMBEK A67.10 XHIBITS SUBMITTED TO THE BOARD. :
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
HEARING DATE CASE NUMBER
05 Aug 2010 FD-2009-00135
“APBLICANT'S ISSUE AND THE BOARIYS DECISIONAL. RA i JONALE ARE DISCUSSED ON'THE ATTACHED ATR FORCE DISCHARGE REVIEW BOARI 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.
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
U MHINDURSE ERIN: . PE! 8/17/2010 ee
TO: FROM: N
SA LRAT: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR . f AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, 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-2009-00135
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.
After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.
FINDING: The Board grants the requested relief, except the Board denies the change of reenlistment code.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.
ISSUE:
Issue 1. The applicant was discharged with an under honorable conditions (general) discharge for
misconduct, namely minor disciplinary infractions. Applicant had an Art 15 for failure to obey a lawful
order, and one Letter of Counseling for failure to go to a weigh in. While the Board did not condone
applicant’s incidents of misconduct, they did feel the discharge action was inequitable when compared to
other similarly situated airmen.
Issue 2. The applicant noted that while in the Air Force he applied to be recognized as a Conscientious
Objector, an application which was denied. However, in view of applicant’s profession of Conscientious
Objector status, the Board determined the applicant’s reenlistment code should not be changed. The
applicant can still apply for a waiver from the branch of service he wishes to join, or apply to the Air Force
Board for Correction of Military Records.
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.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge and the reason for the discharge is more
accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
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