AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE X | RECORD REVIEW
4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
OTHER DENY
x
x
xX
x
x
| ISSUES A931 I INDEX NUMBER A67.90 E ! i"
A93.01 1 ORDER APPOINTING THE BOARD
A01,00 2 | APPLICATION FOR REVIEW OF DISCHARGE
A92.41 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 Jun 2010 FD-2009-00149
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.
LAUREN E CE
——-
seeremuunanteteaemaotny OLE LU LY.
ce ees Ay ee PRONE
FROM:
c SECRETARY OF THE AIR FORCE PERSONNEL, COUNCIL
BAFIMER R AIR FORCE DISCHARGE REVIEW BOARD
250 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHIQ FORM 0-2077, JAN 00 (FF-V2) Previous
CASE NUMBER
AIR FORCE DISCIIARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2009-00149
GENERAL: The applicant appeals for upgrade of discharge to honorable, and to change the reason and
authority for the discharge, as well as 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. The request to change the reason and authority
for discharge and the reenlistment code also 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.
ISSUES:
Issue 1. Applicant contends that he should not be penalized indefinitely for a mistake he made when young.
The DRB recognized the applicant was 22 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 older
than 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 due to the
misconduct.
Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on February
17, 2006) that he understood he must serve a minimum of 36 months on active duty and receive an
Honorable discharge to receive future educational entitlements. Applicant fulfilled neither of those
preconditions. The Board was sympathetic to the impact the loss of these benefits was having on the
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
Issue 3.. Applicant submitted no other substantive 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 the Unites States Air Force or Border Patrol. He adds his discharge is
also limiting his enployment opportunities. The record indicates the applicant received one Letter of
Counseling (LOC), one Article 15, one Vacation Action, and one Letter of Reprimand during his two years
and seven months on active duty. His misconduct included dereliction in the performance of his duty,
larceny of military property (x2), and driving under the influence of alcohol. The Board opined that through
these administrative actions, 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.
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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/ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL “ NOTHOPTHEBOARD) = HON GEN UOTHC OTHER x¥+ Met xA+ e+ Xt ISSUES A95.00 INDEX NUMBER A67.10 a EXTUBIT SSUBMITTED tO "TE (RD me A93.11 1 ORDER APPOINTING THE BOARD _ A01.00 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...
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many cueercaerany ‘ To: _ ‘ | FROM: ‘ SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL ee ine 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-2009-00162 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge,...
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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. FINDING: The Board denies the upgrade of the discharge. ‘The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ; GRADE — AFSN/SSAN PERSONAL APPEARANCE RECORD REVIEW re NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL AMERICAN LEGION ATTN: QUEEN BAKER 1608 K STREET NW WASHINGTON DC 20006 VOTE OF THE BOARD MEMBER SITTING HON GEN voTHc | OTHER DENY X+* Ke X+* X+* X+* ‘SSUES A94,05 INDEXNUMBER _ A67.90 Jpco EXHIBITS SUBMITTED TO THE oe ORDER APPOINTING THE BOARD APPLICATION FOR...
AF | DRB | CY2010 | FD-2009-00142
THE ATTACHED AIR LORCE DISCHARGE REV EW SOARD DECISIONAL RATIONALE. Names and votes will be made available to the applicant at the applicant’s request. FINDING: The Board denies the upgrade of the discharge.
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