x

AIR FORCE  r>ISCHARGE  REVIEW BOARD HEARING RECORD

NA ME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AMN

X

RECORD REVIEW

AllllRF:SS ANll OR ORGANIZATION OF COUNSEL

HON

GEN

UOTHC

OTHER

DENY

x x x
x	
A94.53	INDEX NUMBER	A67.10	
		1
1--+
2	ORDER APPOI NTI NG Tl I E BOA R D
-- ----------·-·-··, · ·--, ---------··---
APPLICATION fOR R EVI EW OF DISCllAR(W	
		3	LETTER Of NOTff!CA TION	
		4	BRIRF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD	

1--+	ADDITIONAL EXHIBITS SUBMITTED AT TIME Of PERSONAL APPEARANCE
-- ---------·---- ---- ··-- ···- '	---
TAPE RECORDING OF PERSONAL APPEARANCE llEARING	

llit:AH.ING DATE

27 Aug 2009	

FD-2008-00365			

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 appl icant at the applicant's request.	

TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE  DISCHARGE  REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFIJ, MD 20762·71Hll

- 1 - -- - -----	-·	••  m    • m••- ----------
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR :FORCE DISCHARG E Rl V I EW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00365	

GENERAL:  The applicant appeal s for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DR B) but declined and requests that the review be completed based on the available service record. The attached brief contai ns avai labl e pertinent data on the appl icant and the factors leading to the discharge.

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

The evidence i n the record indicates the foUowi ng mi sconduct:
1.	One (l) Article 15 for failure to obey an order or regulation (Article 92, UCMJ),  specifically reporting for duty; and a vacated suspended punishment for failure to obey an order or regul ation, specifically failing to maintain base housing as directed.
2.	Three (3)	of Reprimand for leaving place of duty without authority (x2) and failure to turn in CDC Volume 4 answer sheet as ordered.

ISSUES: Applicant submitted no issues regarding the inequity or impropriety of his/her discharge and no additional information or evidence to support changing the characterization was  submitted.  The  Board opined that through the administrative actions received the applicant had ample opportunities to change his behavior. The Board determined the applicant did have sufficient misconduct of such a nature to earn a GENERAL discharge from the Ai r Force and therefore found the discharge appropriate

CONCLUS.IONS: The Discharge Review Board concl udes that the discharge was consistent \Vith the procedural and substantive requi rements 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