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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF  ERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

GRADE	AFSN/SSAN
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GEN

PERSONAL  APPEARANCE

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING
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x x x
- x

ISSUES	INDEX NUMBER
AOl.13, A92.35, A94.05	A67. 10	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
03-05-21

CASE NUMBER
FD2003-00092

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case hea rd at 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.

_ -----4--•------- --9GOfJl!lA.IU!fllESuu:N. --------------------------

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3"'° FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00092	

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of reenlistment code are denied.

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.

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15; one for failure to go, the other for sleeping on post while deployed. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf requesting retention or in the alternative an honorable discharge. He noted he had a previous honorable discharge from the Army National Guard, and active off­ duty volunteerism. He felt a general discharge was too harsh. Applicant now contends his second Article 15 was unjustified because he wasn't notified of a recall formation that he missed. However, the record review disclosed that member admitted his wrongdoing in his reply to the Article 15; he stated he decided to skip the recall after being told he needed to report to work, and that he knew it was wrong and accepted full responsibility for his actions. The Board agreed that member was responsible for his actions and was therefore held accountable for them. The board did not find sufficient mitigation to warrant an upgrade, and no inequity or impropriety was found in this discharge in the course of the records review.

The applicant noted he served in the Army National Guard after leaving the Air Force and was honorably discharged. He also cited his desire to return to service in the Air Force. While the Board commends applicant on this desire, and is sympathetic to the impact a General discharge has on his reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief