AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
TYPE xX PERSONAL APPEARANCE RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
x
x
x
T
x
“ISSUES 494.55 PUERBUMER = A671
A13.00 1 |ORDER 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
08 May 2012 FD-2008-00555
7 a TAL 3
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.
TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
SAF/MRBR .
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00555
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.
FINDING: The Board denies the upgrade of the discharge.
ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions (Primary)
and Failure in the Weight Control Program — Exceeding Body Fat Standards
Applicant contends discharge was inequitable because he was held past his original date of separation (DOS)
due to Stop Loss. The records indicated the applicant received one Article 15 and two Letters of Reprimand
for misconduct. This misconduct included failed to go to duty on time (2x) and failed to complete assigned
duties. The applicant also received three Letters of Reprimand and one Letter of Admonishment for failure
to lose one percent body fat or five pounds per month while enrolled in the Air Force Weight and Body Fat
Management Program. After a thorough and complete review of the records, the Board found that although
the applicant’s misconduct and weight program failures occurred after his original (DOS), he still had an
obligation to uphold military standards of conduct regardless of the reason he was retained on active duty.
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 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
December 22, 1997) 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.
The Board highly recommends that if the applicant can provide additional documented information to
substantiate his issues, that he should consider exercising his right to make a personal appearance before the
Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual
evidence of the inequity/impropriety and any exemplary post-service accomplishment as well as any
contributions to the community.
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
AF | DRB | CY2006 | FD2006-00025
Applicant requests that the reason (Weight and Body Fat Management Program Failure) for his discharge be changed to "For the Convenience of the Government." Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former SRA) (HGH SRA) 1. (Change Reason and Authority for Discharge) ISSUES ATTACHED TO BRIEF.
AF | DRB | CY2003 | FD2003-00076
This was a one pound weight loss and four percent body fat gain from your previous (ita monthly weight evaluation on 26 Jun 96, constituting unsatisfactory progress on the [P. On 14 Aug 96, you acknowledged your weight and body fat percentage determined on 30 Jul 96, as evidenced by your signature on AF Form 393, Individual Record of Weight Management, at attachment 1. g. On 7 Oct 96, you weighed 240 pounds and your body fat percentage was determined to be JS? In response to this...
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APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 25 Jul 03 FD2003-00148 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPERANCE HEARING APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. The misconduct included making false official statements, exceeding weight and...
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The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable discharge to rcceive future educational entitlements. S E W I C E UNDER REVIEW: a. Enlisted as A1C 28 Oct 98 for 6 yrs. (Change Discharge to Honorable) Issue 1: To receive MGI Bill benefits, I served the USAF honorably and was discharged for weight management.
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Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR Naines and votes will be made available to thc applicant at the applicant's request. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. For this offense, you received a Letter of Counseling (LOC), dated 22 Jan 02. f. On 17 Jan 02, you did, without authority fail to go at the time prescribed to your appointed place...
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THE ATTACHED AIR LORCE DISCHARGE REV EW SOARD DECISIONAL RATIONALE. Names and votes will be made available to the applicant at the applicant’s request. FINDING: The Board denies the upgrade of the discharge.