AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
X 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*+
| xX* +
X*+
X*+
ISSUES A92.02 INDEX NUMBER A67.50
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
31 Jan 2012 FD-2010-00072
Case heard in Washington, D.C.
Advise applicant of the decision of the Board.
Names and votes will be made available to the applicant at the applicant’s request.
+ CHANGE RE CODE
* CHANGE REASON AND AUTHORITY TO SECRETARIA
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-2010-00072
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), without counsel, at
Andrews AFB on 31 Jan 2012.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board grants the requested relief.
ISSUE: Applicant received a General discharge for a Pattern of Misconduct — Conduct Prejudicial to Good
Order and Discipline
Applicant contends discharge was inequitable in comparison to his overall service. The records indicated the
applicant received one Article 15, one Vacation, two Letters of Reprimand, one Record of Individual
Counseling and one Memorandum for Record for misconduct. His misconduct included failed to report for ~
contingency training, failed to report on time to place of duty, failed to pay military Star Card (2x), failed to
report on time to the gym, left place of duty without authority, failed to follow work instructions to
accomplish a task, and violated a profile order. After a thorough and complete consideration of the
information submitted by the applicant, the applicant’s compelling testimony, and the information contained
in the record the Board found the Vacation action received by the applicant on Jun 7, 2007 to be improper,.
The Vacation was based on the applicant failing to refrain from moving a bridge on or about April 16, 2007
while on a restrictive medical profile. The applicant received a medical profile on April 10, 2007 with an
expiration of May 8, 2007. The only restrictions noted on the profile were that the applicant could not
engage in sit-ups. The Board opined that the Vacation action was what prompted the commander to initiate
discharge. Although the Board did not condone the applicant’s behavior, they concluded the misconduct
was minor in nature compared to his overall service and he should have been given the opportunity to
rehabilitate.
CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the
procedural and substantive requirements of the discharge regulation and finds the applicant was not provided
full administrative due process.
In view of the foregoing findings, the Board concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge, the reason for the discharge is more accurately described as
Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
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