i NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AlC

PERSONAL  APPEARANCE

x

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

	
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY	
						x	
						x	
						x	
						x	
						x	

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

HEARING DATE	CASE NUMBER

18 Jun 2009

FD-2008-00154

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.

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-2008-00154	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 is 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:

The applicant contends that his discharge was inequitable because it was based on his commander not wanting him dating a stripper.  The record indicates that the applicant received  1) three Letters of Reprimand for violating dress and appearance standards by wearing a tongue ring while in uniform and for driving his vehicle on a runway taxiway without a pass and for reckless driving; and 2) two Article 15s for failing to go at time prescribed to his appointed place of duty and dereliction in performance of his duty by negligently failing to take action to schedule and complete his required flight physical within time prescribed.  After review of the record, the Board found that the applicant submitted no evidence, nor was there any in the record, to indicate that he was discharged based on his dating situation.  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 received by the applicant was found to be appropriate.

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