AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
TYPE GEN
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 votHc | OTHER DENY
ee ee -
x*
xX*
xX*
xX*
ISSUES A92. 1 5 INDEX NUMBER A67. 10
A92.21 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
01 May 2012 FD-2010-00271
' Case heard 7 Washington, D.C.
*Narrative Reason
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
FROM:
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.
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-2010-00271
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 01 May 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 denies the upgrade of the discharge and change of reason and authority for the
discharge is 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: Applicant received a General discharge for Misconduct — Multiple Disciplinary Infractions.
Applicant contends discharge was improper because two of the three documents which were the basis for his
discharge were not in accordance with Air Force Instructions. The record indicates the applicant received a
two Article 15s and a Letter of Reprimand. Acts of misconduct include making a false statement with intent
to deceive, absent without authority on divers occasions, signing official record with intent to deceive, and
failure to attend a PT test. He contends he was mislabeled as a trouble maker early on and was never able to
overcome this perception. He contends his overall record, minus the LOR and the second Article 15, shows
his negative behavior is outweighed by his positive contributions both before and since his discharge. The
record shows the Letter of Reprimand was for failure to attend a physical training (PT) test. Applicant
contends he was not due for a PT test because he had tested within six months. He submits he was given
conflicting information regarding this test. The record indicates applicant received notification of the test by
email and when he turned in his fitness questionnaire. The record and documents submitted by the applicant
do not support his claim the LOR was improper or inequitable. The second Article 15, the one he contests,
was issued for making a false statement to a noncommissioned officer with intent to deceive. In his
testimony, applicant admitted altering his quarters slip “to showcase nothing is being investigated,” the very
action cited in the Article 15. The Board reviewed the record, the applicant’s sworn testimony, both written
and verbal, and found no evidence to substantiate an inequity or an impropriety in actions taken by
applicant’s chain of command. The DRB opined that through the administrative actions taken, the applicant
had ample opportunities to change his negative behavior. The Board concluded that the seriousness of the
applicant’s willful misconduct outweighed the positive contributions he made in his Air Force career.
Regarding the applicant’s post service conduct, the DRB was pleased to hear that the applicant was moving
forward in his life and preparing to take a new 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.
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) that he understood
he must receive an Honorable discharge to receive future educational entitlements. The Board was
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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR. 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. FINDING: The Board denies the upgrade of the discharge.
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SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 X — Upgrade, Reason for Discharge, Reenlistment Code 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. FINDINGS: Upgrade of discharge, change reason for discharge and change of the reenlistment code are denied. The Board finds that neither the evidence of record...
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Unfortunately neither member’s medical records or the discharge processing files were available to the Board for review due to being missing from the record. Because member’s discharge file was unavailable to the Board for review, the Board was unable to ascertain if there was other misconduct on member’s part, or additional bases for the discharge. (Change Discharge to Honorable) Issue 1: The discharge is improper because of an unknown medical condition that affected my performance and...
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Therefore, his request for upgrade was reviewed based upon the record and his submission. 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. In addition, the applicant received an LOR for test driving a Honda, informing the sales person that he would return the car at 1730 that evening.
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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. FINDING: The Board denies the upgrade of the discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge.
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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. FINDINGS: The Board denies the upgrade of the discharge. In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.
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