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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AlC

X

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

ISSUES	A94.53	INDEX  NUMBER	A67.10	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETIER 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

29 Jun 2009	CASE NUMBER

FD-2008-00197			

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. X - Upgrade, Reason for Discharge and Reenlistment Code	
TO:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW IIOARD
1535 COMMAND DR. EE WING, 3RD FLOOR
ANDREWS AFB, MD 2076l·7001	

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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2008-00197

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

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, change the reason 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:

Applicant submitted no specific issues regarding the inequity or impropriety of his discharge, but requests an upgrade of his discharge so that he can return to military and serve his country.  The applicant submits no information or documentation demonstrating that an act of inequity or impropriety adversely affected the means and process of his discharge from the Air Force.  The records indicated the applicant received a Letter of Counseling for failing to carry on his person his restricted area badge; a Letter of Reprimand for failure to go and disobeying a lawful order (by failing to wear his security forces beret in an outdoor environment);
and an Article 15 for drunk and disorderly conduct bringing discredit to the Armed Forces.  The Board found the applicant conducted himself in a manner that disrupted the good order and discipline necessary to the success of the Air Force and his unit's mission.  After thorough review of the record, the Board determined that the discharge, reason for discharge and reenlistment code were 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