NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
= po |
TYPE GEN |X PERSONAL APPEARANCE
RECORD REVIEW
el COUNSER © "| MAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
x
MEMBER SITTING OTHER DENY
x4
@ x*
Ket
xA+
ISSUES A93.01 INDEX NUMBER A67.90 ie _
J —-—
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION 7
4 |BRIEV OF PERSONNEL FILE _
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAT, APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
16 Apr 2010 FD-2009-00182
*Reenlistment Code
+Narrative Reason
(@Secretarial Authority
10:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78) 50-4742
AFHQ FORM 0-2077, JAN 00
FROM:
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.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762-7001
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00182
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge to Secretarial Authority, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video
teleconference between Andrews AFB Maryland and Robins AFB, Georgia on 16 Apr 2010.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
Exhibit #6: Response to Notification of Discharge
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 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 applicant substantiates an
impropriety that would justify a change of discharge.
ISSUE:
Issue 1: Applicant contends that he should not be penalized indefinitely for a mistake he made when he was
“young and dumb.” The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of
Misconduct, Conduct Prejudicial to Good Order and Discipline. The applicant received an Article 15 for
failure to go, a Letter of Reprimand for failing to stop at a stop sign and driving on a suspended driver’s
license, and a second Article 15 for wrongfully transmitting pornographic material on a government
computer. The DRB recognized the applicant was 21 years of age when the discharge took place. However,
there is no evidence he 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 stated that he did not know that the reenlistment code he received would prevent his
reenlistment and had he known, he would have submitted a response to his discharge. The records show that
the applicant met with a defense counsel, acknowledged that he was being discharged for conduct prejudicial
to good order and discipline, with an under honorable conditions (general) discharge. The applicant’s
defense counsel, Capt A, signed a memorandum stating that the applicant was fully counseled and advised of
his rights prior to waiving his right to submit a statement in response to the discharge. The DRB noted that
the applicant had submitted an application for review to the DRB in March 2003, requesting a “record
review” of his discharge based on his military personnel file. He did not submit any issues at that time.
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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