AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
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RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
OTHER DENY
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ISSUES
INDEX NUMBER
A94.05 A84.00
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
PERSONAI. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
03 Jun 2010 FD-2009-00162
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Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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
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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, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 03 Jun 2010.
The following additional exhibits were submitted at the hearing:
Exhibit # 5: Applicant’s Contentions
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: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant accumulated twenty unexcused absences between May 1998 and September 1998. Additionally,
he failed to meet his personal obligations by not paying the debt of $71.87 he incurred on his Government
American Express card. The primary reason for discharge was his unsatisfactory participation. The
applicant testified that he was unsatisfied with his duties. He spoke to his first sergeant about this
dissatisfaction and asked what could be done. The applicant testified that one of the options the first
sergeant provided him was to stop participating. The applicant further testified that the first sergeant told
him that he would not go to jail, but would be discharged if he stopped participating. While the applicant
may have not been fully informed of the full ramifications of taking the non-participation course of action,
the DRB opined that the applicant knowingly chose to not participate and got what he wanted — out of the
Air Force Reserve without going to jail. The DRB did not find a general discharge for failing to fulfill his
obligation to the Air Force reserve to be inequitable. The Board concluded that the negative aspects of the
applicant’s service outweighed the positive contributions he made in his Air Force career. The DRB was
pleased to see that the applicant was bettering himself through his educational accomplishments. However,
no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The
characterization of the discharge received by the applicant, the narrative reason and, reenlistment code were
found to be appropriate.
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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