NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
PERSONAL APPEARANCE
TYPE GEN |
|
x | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
GEN
x
Xx
x
x
Xx
ISSUES A94.05 INDEX NUMBER A67.10 es
] |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
24 Aug 2012 FD-2010-00036
Ad ice:
Case heard in Washington, D.C.
application to the AFBCMR.
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
Names and votes will be made available to the applicant at the applicant’s request.
dru. MUNCIL
AIR FORCE Disurn.._
1535 COMMAND DR, EE WING, one «
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2010-00036
GENERAL: The applicant appeals for upgrade of discharge to honorable.
IAW AFI 36-3213, the applicant was offered a personal appearance before the Discharge Review Board
(DRB), however failed to make a timely response to the Board’s notification of a scheduled hearing.
Therefore it has been deemed that the applicant has waived his right to a personal appearance and the DRB
completed a review of the discharge based on the available service records.
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
While not explicitly stated, the applicant contends discharge was inequitable because it was too harsh
because the discharge was based on multiple write-ups because of physical training (PT) alone. The records
indicated the applicant received one Article 15, eight Letters of Reprimand, and three Records of Individual
Counseling. His misconduct included with intent to deceive made false statement to security forces official,
assaulted an airman, disobeyed an order, acted in an insubordinate manner, failed to report to PT (3x), made
false statement (2x), with intent to deceive allowed underage civilian to use his ID to enter an establishment
that he was not authorized to enter, failed to report for a formation, made false statement claiming to have an
appointment for sick call, failed in escort duties by abandoning the civilian that needed to be escorted, left
duty section without authority, failed to pay just debts, absent from place of duty without authorization, and
failed to report on time for 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 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, dated
November 28, 2000) 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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