AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OP COUNSEL

A92.21 A93.0l

INDEX NUMBER
A67.10

HON	GEN	UOTl;IC	OTHER

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIMEOF PERSONAL APPEARANCE

DENY
x x x
x
x

TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

HEARING DAH	CASE NVMllER

03 Oct 2013

FD-2013-00492

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:

SAFIMRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB,TX 78150-4742

FROM:

SECRJ:TARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVll!W BOARD  1mCOMMAND DR,EE WINC,lRD FLOOR
ANDREWS AFB,MD W62-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00492	

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 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:  The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary infractions.  The applicant would like the Board to consider his post service conduct as reason for upgrade of his discharge. He also states that given the opportunity he would re-enlist into the Armed Forces. The records indicated the applicant received an Article  15, two Letters of Reprimand, a Letter of Counseling, and a Vacation action. His misconduct included failure to refrain from making inappropriate comments about females and offensive jokes, failure to refrain from making sexually explicit statements and derogatory racial remarks to other airman, failure to refrain from using cell phone while on detail and in uniform (2x), failure to go to duty on time, and using provoking words towards another airman. 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.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The DRB recognized the applicant was only 19 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong.
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.

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