AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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+*
i
Xt
X+*
ISSUES A92.21 INDEX NUMBER A67.00 ete ae cers
A93.01 1_|ORDER APPOINTING THE BOARD
A94.55 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 Mar 2012 FD-2010-00228
Case heard in Washington, D.C.
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.
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
$50 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-2010-00228
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), with counsel, at Andrews
AFB on 08 Mar 2012.
The following additional exhibits were submitted at the hearing:
Exhibit 6: American Legion Statement
Exhibit 7: Character Letter from employment
Exhibit 8: Character Letter from parent
Exhibit 9: College Transcripts
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: Upgrade of the discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.
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: The record indicates that the applicant was discharged for Misconduct. Applicant contends
discharge was inequitable because it was too harsh. Applicant acknowledges that he made mistakes and
other incidents that are discreditable in nature. He also stated that he regrets these mistakes that resulted from
his youth and immaturity, which ended his military career. The record indicates the applicant received two
Article 15s. His misconduct included drinking underage (2x), damage to AAFES property, drunk and
disorderedly, assaulted another airman, and altering military ID card. Applicant testified that he takes full
responsibility for all of his misconduct. He also testified that after the first Article 15 that he attended
ADAPT counseling and Anger Management. Applicant also testified that his supervisors didn’t support him
and didn’t recognize him for his work in getting rid of a three year backlog while working in the inspection
shop of the Depot Squadron. He also testified that after not being recognized for helping get rid of the three
year backlog and not getting a chance to PCS he lost focus on his Air Force career. The Board opined that
through these administrative actions, the applicant had ample opportunities to change his behavior. The DRB
further agreed that based on the overall evidence provided and the member’s testimony, the applicant’s
characterization of service and reason for discharge were accurate reflection of the egregiousness of his
misconduct. The Board reviewed the entire record and found no evidence of impropriety or inequity to
warrant an upgrade of the discharge.
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 May 15, 2002)
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.
Applicant contends that he should not be penalized indefinitely for mistakes he made when he was young.
The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no
evidence he was immature or did not know right from wrong. The Board opined the applicant was older
than the vast majority of first-term members who properly adhere to the Air Force’s standards of conduct.
The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the
misconduct.
The DRB was pleased to see that the applicant was doing well 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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