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Decision Text

AF | DRB | CY2011 | FD-2009-00266
Original file (FD-2009-00266.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

TYPE UOTHC PERSONAL APPEARANCE

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
qn AMN >
x RECORD REVIEW

 

   

a NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING
|
x
X
|
x
X
ISSUES A94.05 INDEX NUMBER A67.50
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
08 May 2012 FD-2009-00266

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

Names and votes will be made available to the applicant at the applicant’s request.

  

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00266

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 an Under Other Than Honorable Conditions (UOTHC) discharge for
misconduct — A Pattern of Misconduct

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant
received two Article 15s, one Letter of Reprimand and one Record of Individual Counseling. His
misconduct included four months delinquent on Delayed Payment Program account, possession of alcohol
while underage, violated military dress code, stole six compact discs from AAFES, conspired with another
airman to commit larceny, attempted to assault another airman with a vehicle, and failed to pay just debt.
The DRB opined that through these administrative actions, the applicant had ample opportunities to change
his negative behavior. The Board concluded the applicant’s misconduct was a significant departure from
conduct expected of all military members. 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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