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Decision Text

AF | DRB | CY2013 | FD-2013-00409_13
Original file (FD-2013-00409_13.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE

NAL APPEARANCE
 x        RECORD REVIEW
 ADDR.ltSS AND OR ORGANIZATION OFCOUNSEL


MEMBER SITTING  HON      GEN      UOTHC    OTHER
DENY
x x x
x
x
A67.90

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER 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

19 Jul 2013      FD-2013-00409

Case heard in Washington, D.C.

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.

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












TO:


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


SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMANDDR,£EWING,3RD FLOOR
ANDREWS AFB,MD 211762-7001


AFHQ FORM 0-2077,JAN 00  (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2013-00409

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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.

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.

ISSUE: Applicant received a General discharge for A Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline

Applicant contends family problems and immaturity contributed to his misconduct. The records indicated the applicant received one Article 15, one Letter of Admonishment, one Letter of Reprimand, and four Letters of Counseling. His misconduct included failed to go to duty on time (4x), failed to provide a copy of AF Form 1975, failed to remain on duty, failed to provide a copy of fitness training as ordered, failed to maintain clean dorm room, wore wrinkled uniform without proper accoutrements, failed dorm inspection for a second time, and with intent to deceive made a false official statement to a NCO. The Board was sympathetic to the applicant's family problems, however there is no evidence he was immature or did not know right from wrong. The DRB recognized the applicant was 20 years of age when the discharge took place. The Board opined the applicant was the same age as 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.

The Board highly recommends that if the applicant can provide additional documented information to substantiate his issue(s), that he should consider exercising their right to make a personal appearance before the Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.

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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