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
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‘SSUES A94,05 INDEXNUMBER _ A67.90 Jpco EXHIBITS SUBMITTED TO THE oe
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION -
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
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HEARING DATE CASE NUMBER
18 May 2010 FD-2009-00186
REPLICATES ISSUE ANS THE BOARD’ SBECIIONAL REA TIONALE ARE DISCUS ON IHE ATTACHED AlN RORGEDINHANGH Ney EW ROI DER NONAD RATIONED "7
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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.
+ Narrative Reason
* RE Code
"FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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-2009-00186
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), with counsel, at Andrews
AFB on 18 May 2010. The following witness also testified on the applicant’s behalf: Ms. JT, applicant’s
mother.
The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Contentions
Exhibit 6: American Legion Statement
Exhibit 7: Character reference letters
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 the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE:
Issue 1. Applicant contends discharge was inequitable because it was too harsh in light of his performance
over the years. The records indicated the applicant received two Article 15 and three Letters of Counseling
(LOC). The applicant did not provide responses to the first Article 15 and the three LOCs. His misconduct
included purchasing alcohol for a minor (Article 92), falsely signing an official document (Article 107),
failure to go, not prepared for training day, and speeding on a military installation. Both Article 15s
involved underage alcohol incidents. Applicant acknowledged his misconduct in response to the last Article
15, and acknowledged all of the misconduct in response to the discharge notification. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
The characterization of the discharge received by the applicant was 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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