AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF CQUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67.10

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4  BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

KEARJNG DATE	CASE NUMBER

17 Oct 2013	FD-2013-00526

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 OF THE AIR FORCE PERSONNEL COUNOL AIR FORCE DISC1!AR CE REVIEW BOARD
JSJS COMMAND DR,EE WINC, JRJ) FLOOR ANDREWS Afll,  ID 20762-7001

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE        FD-2013-00526

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:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant stated that he believes he deserves a second chance despite his mistakes so that he may now set an example for his family and further his education. The record indicates the applicant received one Article 15, seven Letters of Reprimand, four Letters of Counseling and a Record of Individual Counseling. His misconduct included sleeping on duty, failure to go to duty on time (3x), dereliction in the performance of his duty, failure to obey, exhibiting unprofessional conduct by displaying appalling behavior and making inappropriate remarks. 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 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