AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

X	RECORD REVIEW
ADDRESS AND OR ORGAN1ZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x

ISSUES

A93.0l AOl.00

INDEX NUMBER.

A67.10

i 2  APPLICATlON FOR REVIEW OF DISCHARGE
, 3 LETTER OF NOTIFICATION

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIIlBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEAR.ING DATE	CASli: NUMBER.

29 Jun 2009

FD-2008-00195

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:

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

SECRETARY OF THE AIR.FOR.CE PERSONNEL COUNCIL AIR. FOR.CE DISCHARGE REVIEW BOARD
1535 COMMAND DR., EE WING, 3R.D FLOOR.
ANDREWS AFB, MD 10762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2008-00195

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

(NPA) 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 and change of reenlistment code 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:

Issue 1.  Applicant contends he was initially told that he was being discharged under Force Shaping;  however, he later found out that he was being discharged for misconduct.  The applicant was discharged for Misconduct, Minor Disciplinary Infractions, with a general discharge, under honorable conditions.  The records indicated the applicant received an Article 15, a vacation of nonjudicial punishment, seven Letters of Reprimand and two Letters of Counseling over a three year period.  The misconduct consisted of failure to obey a lawful order, failure to pay his deferred payment plan/Star Card, failure to go to his appointed place
of duty at the time prescribed, failure to use his government credit card for official purposes and failure to notify proper officials of a malfunctioning alarm system, as it was his duty to do.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. 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.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

Issue 3. Applicant contends that he made some small mistakes, but that he considers it due to his young age, immaturity and lack of self-discipline. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he did not know right from wrong and he was no younger than other first-term members who properly adhere to the Air Force's standards of conduct. The ORB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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.