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AF | DRB | CY2010 | FD-2010-00441
Original file (FD-2010-00441.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE x RECORD REVIEW
fF NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY

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SSUES A92.21 a av /10 ee
A93.01 1 JORDER APPOINTING THE BOARD
A94,55 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
26 Jan 2012 FD-2010-00441

 

 

 

 
   

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 and Authority
+RE Code

 

 

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-2010-00441

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 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.

FINDING: The request for the upgrade of the discharge, to change the reason and authority for discharge,
and to change of reenlistment code are denied.

ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions

Applicant contends discharge was inequitable because it was inappropriate for his offenses. The records
indicated the applicant received one Article 15 and five Letters of Reprimand. His misconduct included
failure to go to duty on time (4x) and slept on duty (2x). The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The Board concluded that
the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air
Force career. The characterization of the discharge received by the applicant was found to be appropriate.

The DRB was pleased to see that the applicant was doing well, has a good job and received a college degree.
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.

Additionally, applicant contends that the he was immature at the time of discharge. The DRB recognized the
applicant was 19 years of age when the discharge took place. However, there is no evidence he was
immature or did not know right from wrong. The Board opined the applicant was the same age as 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.

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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