AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF·COUNSEL

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G	HON	GEN	UOTIIC

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A67.10

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
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

05 Sep 2013

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CASE NUllfllER

13-005

FD-20	32
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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 ; 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

SECR!TARY or THE AIR FORCE P£RSONNU. COUNCIL
AIR FORCE DISOIARGt REVIEW BOARD
ISJSCOMMAND DR, l!E WING,3RD FLOOR ANDREWS APB, MD 20761-7001

AFHQ FORM 0-2077, JAN 00	Previous

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2013-00532

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

The applicant was offered a personal  appearance before the Discharge  Review Board (DRB) but declir 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 discharg1 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 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. Applicant contends all the facts presented prior to his discharge were all he said sl said and he also claims investigators failed to do their jobs gathering proof that he had been underage drinking. He also wants his discharge upgraded to help with employment opportunities. The record indicat the applicant received two Article  1Ss. His misconduct included underage consumption (2x). 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 duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequit) to warrant an upgrade of the discharge.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistak1 he made when he was young. The DRB recognized the applicant was 20 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Boarc opined the applicant was older than the vast majority of first-term members who properly adhere to the Ait Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge w: appropriate due to the misconduct.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with 1 procedural and substantive requirements of the discharge regulation and was within the discretion of 1 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 J
upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief