AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/S.SAN

PERSONAL APPEARANCE

X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITIING

HON	GEN	UOTHC

OTHER	DENY
x•+ x•+ x•+
x•+ x•+

ISSUES

AOl.07

INDEX NVMB£R

A67.10

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

REARJNC DATE	CASE NUMBER

17 Oct 2013	FD-2013-00627

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.

*Narrative Reason and Authority
+RE Code

TO:

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

FROM:

SECRETARY OFTHE AIR FORClt PERSONNEL COVNCIL AIR FORCE DISCHARCE REVIEW BOARD
1$15 COMMAND DR, El!WINC, JRD ft.OOR
ANDREWS All'B, MD 2t7'2-7tol

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00627	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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 request for the upgrade of the discharge, to change of reason and authority for discharge, and to change the reenlistment code is denied.

ISSUE:    Applicant received a General discharge for Misconduct -Minor Disciplinary  Infractions

Applicant contends discharge was improper because there is no misconduct in his records. Based on this, he states the reenlistment code (2B-Separated with a General discharge) and separation code (JKN-Misconduct Minor Disciplinary Infractions) are improper as well.  The records indicated the applicant received one Article  15 and one Letter of Counseling for misconduct. This misconduct included missed dermatology appointment for second time and Absent Without Leave (AWOL) for nine days.  In the statement the applicant provided to the Board, he states that he was not AWOL, but on leave.  However, his record indicated that in response to the Article 15 he received for being AWOL, he stated "I accept the Article 15 offered to me on 13 April 2012.  I did commit the offense of being Absent Without Leave (AWOL)."  "I deeply apologize for my actions and I can promise it will never happen again."   The applicant was notified on 22 June 2012 that his commander was recommending he be involuntary discharged from the Air Force for misconduct, specifically minor disciplinary infractions.  The applicant acknowledged receipt of the notification on 22 June 2012 and waived his right to seek council and to respond to the discharge.  After a complete and thorough review of the records and the statement provided by the applicant the Board found the applicant's contentions to have no merit.  The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.    The
characterization of the discharge, reenlistment code, and separation code received by the applicant was found to be both proper and 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