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AF | DRB | CY2011 | FD-2010-00183
Original file (FD-2010-00183.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

        

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RECORD REVIEW

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A92.21 A47,00 1 |ORDER APPOINTING THE BOARD
A93.11 2 |APPLICATION FOR REVIEW OF DISCHARGE
A93.33 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
f HEARING DATE CASE NUMBER
14 Feb 2012 FD-2010-00183

   
    

Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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

+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-2010-00183

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 14 Feb 2012.

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, change of reason and authority for discharge,
and change of reenlistment code.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

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

Issue 1. 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
November 04, 1996) 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.

Issue 2. Applicant contends he was treated unfairly by his supervisor, SSgt S.E. The applicant freely admits
his misconduct was wrong, but conveyed feelings that his actions were dealt with more harshly than his co-
workers. The applicant stated that he did not elevate his concerns regarding his supervisor. The record
indicates the applicant received three Records of Individual Counseling (RIC), one Letter of Admonishment,
two Letters of Counseling, and four Letters of Reprimand, six of which were submitted by SSgt S.E. While
a personality conflict may have existed between the applicant and SSgt S.E., the applicant submitted no
evidence to support this claim and the record indicates the actions taken were appropriate to the applicant’s
repeated misconduct.

Issue 3. Applicant cites his post discharge conduct as rationale for an upgrade. The DRB was pleased to see
that the applicant was pursuing further education and has a good job. 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.

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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