AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE GEN [ PERSONAL APPEARANCE Xx RECORD REVIEW
: NAME OF COUNSEL AND OR ORGANIZATION _ ADDRESS AND OR ORGANIZATION OF COUNSEL. _—
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MEMBER SITTING HON GEN UOTHC OTHER DENY
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ISSUES A93.01 INDEX NUMBER
A84.00 J EXHIBITS SUBMITTED TO 5H
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
26 Aug 2010 FD-2009-00191
EEOARD.S DECISIONAL RATIONALE ARE Dis TREVIEW BOARD DEGIBIONAL RATIONALE,
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,
Naines and votes will be made available to the applicant at the applicant’s request.
“DATES o/ ERO
SECRETARY OF THE ALR FORCE PERSONNEL COUNCIL
SAF/MRBR 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
{R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2009-00191
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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 denies the upgrade of the discharge.
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 that he should not be penalized indefinitely for a mistake he made when young
and immature. The records also indicate member was discharged for unsatisfactory participation. The DRB
recognized the applicant was 25 years of age when the discharge took place. However, there is no evidence
he was immature or did not know right from wrong. Upon review of the record, the Board was unable to
find any documentation regarding the discharge. Due to lack of evidence and supporting documentation to
explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct
expected of all military members. The Board relies on the presumption of regularity and finds the
characterization; reason for discharge and the reenlistment code were appropriate.
Issue 2. The applicant stated he was told his discharge would automatically be upgraded. The Board noted
the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed
that their discharge will automatically be upgraded after six months. While a discharge may be upgraded
after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and
the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough
review of the record, the Board found no evidence to justify an upgrade of the discharge characterization,
reason for the discharge or the reenlistment code.
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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