AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

GRADE	AFSN/SSAN

X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES	A93.33 A93.07
A93.21

INDEX NUMBER

A67. 10

x x x x
x

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

29 Jul 2009	FD-2008-00164

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.

TO:	I FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE A.IR FORCE PERSONNEL COUNCIL
A.IR 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-2008-00164	

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  fmds 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 submits his personal perspective regarding the events which led to his eventual discharge.  The applicant alludes to a personality conflict with his immediate supervisors, separation from his spouse, miscarriage of a baby and his medical condition led to his administrative actions.  The record indicates the applicant received three (3) letters of counseling, one (1) letter of reprimand and one (1) Article 15 with a Vacation action.  His misconduct included failure to go (x4), frequent tardiness from work, and disrespect/insubordination  to a commissioned officer.  The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  The Board found the seriousness of  the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade
of the discharge.

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