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

x

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY

X+* X+* X+*
X+*

ISSUES	A92.03 A94.55

INDEX NUMBER	A67.50 A67.90

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

X+*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

07 Dec 2010	FD-2008-00257

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.
+Narrative  Reason
*RE Code

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TO'

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, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

CASE NUMBER

FD-2008-00257

- AIR F-ORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. The applicant stated he was told his discharge would automatically be upgraded in December 2007. The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization, reason for the discharge or the reenlistment code.

Issue 2. Applicant contends that he would have continued his last 8-months of service if he had known that his benefits would be compromised. The records indicated the applicant received an Article 15, six Letters of Reprimand, one Records of Individual Counseling and three verbal counselings for misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior, and his discharge was not within the applicant's control (due to his misconduct). Further, the applicant acknowledged receipt of the discharge notification and waived right to counsel and waived his right to submit matter on his behalf. 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.

Attachment: Examiner's Brief