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AF | DRB | CY2011 | FD-2010-00293
Original file (FD-2010-00293.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

 

 

TYPE GEN [|X PERSONAL APPEARANCE

 

RECORD REVIEW

 

     

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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A92.35 A67.10 ae cur sence
A93.01 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
24 Aug 2012 FD-2010-00293

 

Case heard in Washington, D.C.

application to the AFBCMR.

*Narrative Reason and Authority
+RE Code

 

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SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

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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

Names and votes will be made available to the applicant at the applicant’s request.

 

 
   

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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-2010-00293

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.

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 request for the upgrade of the discharge, to change of reason and authority for discharge,
and to change of reenlistment code are denied.

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

Applicant contends discharge was inequitable because it was based on an isolated incident in twenty-six
months of service. Additionally, he states that immaturity contributed to his misconduct. The records
indicated the applicant received two Article 15s, and one Record of Individual Counseling. His misconduct
included failure to pay just debt, leaving base during restricted hours, with intent to deceive made a false
statement to an OSI agent, assaulted a marine and assaulted an airman. The Board opined the applicant was
the same age as the vast majority of first-term members who properly adhere to the Air Force’s standards of
conduct. 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.

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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