AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN. |X PERSONAL APPEARANCE l RECORD REVIEW
y NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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QUEEN BAKER American Legion 1608 K Street Nw Washington DC
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A92.01 1 JORDER APPOINTING THE BOARD
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 NUMBER
12 Jul 2012 FD-2010-00356
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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.
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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-2010-00356
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 12 Jul 2012.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
Exhibit #6: Personal Statement from Applicant
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The request for the upgrade of the discharge, to change of reason and authority for discharge,
and to change the reenlistment code are denied. .
ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions
Applicant states that his discharge did not take into account the good things he did while in the service.
Additionally, he submits that he would like a second chance despite his discrepancies so that he may serve
his country in the Unites States military again. The record indicated the applicant received one Article 15,
one Vacation, and one Letter of Reprimand. His misconduct included ticketed by civilian law authorities for
improper use of lane straddling a center line, driving while intoxicated, and fled apprehension from base
security force patrolman. The DRB took note of the applicant's duty performance as documented by his
performance reports, letters of recommendation and other accomplishments. They found the seriousness of
the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded
the discharge was appropriate for the reasons which were the basis for this case.
The DRB was pleased to see that the applicant was doing well, graduated college, and has a good job.
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.
The Board concluded the misconduct of the applicant appropriately characterized his term of service.
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 July 8, 2004)
that he understood he must receive an Honorable discharge to receive future educational entitlements. 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.
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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