AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVI CE MEMBER (LASr,FIRST MIDDLE INITIAL)

GRA DE	AFSN/SSAN

PERSONAL  APPEARAi'f CE	X	RECORD  REVIEW

ADDRESS MID OR ORGANIZATION OFCOU£L

x

MEMBER SITTING

HON	GEN	UOTHC	OTHER

DENY

X*+ X*+ X*+
X*+

X*+

ISSUES

A94.55
AO l .07

INOn NUMBER

A67.IO
A49.00

1 ORDER APPOINTINGTHE BOARD
2	APPLICATION FOR REV IEW OF DISCHARGE
3	LETI"ER OF NOTIFICATION
4	BRIEFOF PERSONNEL FILE COUNSEL'S REl..EASE TO THE BOARD
ADDITIONAL  EXHIBITS SUBMITTED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASC l\UMBCR

27 Mar 2014	FD-2013--00812

Case heard in Washington , D.C.

Advise appl icant 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:

SAF MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB,TX 78150-4742

SECRt:IARY OF THE AI R t-ORCt Pt:RSONNCL COUNCIL
AIR .-ORCE OISCllARCC REVICW IOAJtl>
115 COM.\1Al\D DR, EE WINC,JRD F\,()()R
ANDREWS AFB. MO 207'2-7001

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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2013-00812

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

ISSUE:	Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions (Primary) and Unsatisfactory Performance - Failure to Progress in On-The-Job Training (OJT)

Applicant contends discharge was both improper and inequitable.  He states his command violated AFI 36- 3208, paragraphs 6.1.1.6.6 and 6.1.1.6.8 by failing to consider his deployment to Iraq and an Air Force Achievement Medal prior to his discharge.  The records indicated the applicant received two Article 15s. His misconduct included underage consumption, failed to go to duty on time, failed to use seat belt while driving on base, and with intent to deceive made false statement to NCO concerning debts to several creditors.  Additionally, the applicant twice failed his career development course end of course exam.  After a complete and thorough review of the applicant's records and the evidence provided by the applicant the
Board found the applicant's contentions to have no merit.  Although, AFI 36-3208, paragraph 6.1 does direct commanders to consider past service contributions and decorations prior to initiating discharge, the facts and circumstances are judged on a case-by-case basis.  In this case, the commander found the applicant's misconduct and unsatisfactory performance outweighed the positive contributions he made during his time
in service.  Additionally, the Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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