TAPE RECORDING OF PERSONAL APPEARANCE HEARING
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
HON
GEN
UOTHC
OTHER
DENY
ISSUES
A92.21 A92.0l
INDEX NUMBER
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
HEARING DATE
CASE NUMBER
28 Jan 2014
FD-2013-00320
Case heard via video-teleconference between Joint Base Andrews Maryland and Robins AFB Georgia 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 and Authority
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
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
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2013-00320
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, via video teleconference between Joint Base Andrews Maryland and Robins AFB Georgia on 28 Jan 2014.
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 and to change of reason and authority for discharge is denied.
ISSUE: Applicant received a General discharge for A Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline
Applicant contends that his discharge did not take into account the good things he did while in the service, however he does take full responsibility for his misconduct. The record indicated the applicant received two Article 15s, one Vacation, and two Letters of Reprimand. His misconduct included arrested for failure to pay court ordered probation fine, failed to go to scheduled appointment on time, failed to go to duty on time (2x) and failed to pay just debt. After a complete and thorough review of the records, the evidence provided by the applicant, and the applicant's testimony the DRB opined the applicant had ample opportunity to change his negative behavior. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
The DRB was pleased to see that the applicant was doing well, volunteering in his community, 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.
The Board highly recommends that if the applicant can provide additional documented information to substantiate his post service conduct, that he should consider exercising his right to apply to the Air Force Board for Correction of Military Records (AFBCMR) for relief. Ifthe applicant chooses to exercise this right, he should be prepared to provide the AFBCMR with factual evidence of any exemplary post-service accomplishments as well as any contributions to the community.
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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