AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

PERSONAL  APPEARANCE

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OFCOUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x x x x x

ISSVES

A94.53

INDEX NlJMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'SRELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

lll!AJUNG DATE	CASE NUMll&R

02 Aug 2013	FD-2013-00407

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.

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX78I50-4742

SECRETARY OF'IRE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1$15 COMMAND DR, EE WING, 31U> n.ooa
ANDREWS AF11, !ltD20762-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00407	

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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary infractions. Applicant contends he was informed he could file for upgrade of his discharge after six months. The records indicated the applicant received an Article  15, six Letters of Reprimand, and a Vacation action. His misconduct included smoking in uniform outside of the confined designated smoking area, failed to return to and remain in assigned dorm from 2100-0400, failed to remain in dorm while on medical quarters (4x), used profanity in classroom, failure to go to duty on time (2x), shouted obscenities at Airman leader, drunk and disorderly, failure to march at attention at all times while in uniform in mass formation, and failure to present AETC 341 to proper authorities. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

The applicant stated he was told his discharge would automatically be upgraded. The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization, reason for the discharge or the reenlistment code.

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