APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

AMN

X

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTIIC

OTHER

DENY
x x x x
x

ISSUES

A93.0l

INDEX NUMBER

A67.10

!    1  ORDER APPOINTING  THE BOARD
2
3
I 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

HEARING DATE

CASE NUMBER

28 Jul 2009

FD-2007-00416

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.

1   X = Upgrade, Reason for Discharge and Reenlistment Code

TO:

FROM:

SAF/MRBR
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, 3RD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2007-00416	

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 was unable to be contacted after numerous attempts to schedule a board hearing. The case was reviewed by records only.

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.

ISSUE:

Issue 1: The applicant contends that his immaturity at the time led him to say the Air Force was not for him and he wanted to be discharged. The applicant submits that he takes full responsibility for the decisions made and the consequences incurred. The record indicates the applicant received an Article 15 with a Vacation action and three Letters of Reprimand. His misconduct included failure to go, sleeping on post, dereliction of duty, loud and disruptive behavior and violating military dress and appearance standards. The Board found that the applicant's misconduct was willful and that through the aforementioned administrative actions, the applicant had ample opportunities to change his behavior. The Board determined that the discharge was neither inequitable or improper to warrant an upgrade of the discharge, reason for discharge or the reenlistment code.

Issue 2: The applicant cites his discharge prevents him from obtaining better employment. He states the discharge is a strain in his life and he is looking for a fresh start. The Board was sympathetic to the impact the discharge was having on the applicant, but this was not a matter of inequity or impropriety which would warrant 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