AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MfDDLli: INITIAL)

PERSONAL  APPEARANCE

GRADE

AB

RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN	UOTHC	OTHER

DENY

X*+ X* I X*+
X*+ X*+

ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DJSCHARGE
3  LETTER OF NOTIFICATION
4  BRIEF Of PERSONNEL FILE COUNSEL'S RELEASE TO TH E f!OA RD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL  APPEARANCE  I !EARING

HEARING DATE	CASF. Nl.!MlWH

28 Jan 2010	FD-2008-00514

Case heard in Washi ngton, 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.
*Reason and Authority
+Reenlistment  Code

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

SE-CRETARY  OF THE AIR FORCE PERSONNF.l. COllNCIL AIR FORCE DISCHARGE  REYIEW BOARD
ISJ5 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MIJ 20762- 7fKIJ

AFHQ FORi\10-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-005 14	

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  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 28 Jan 2010.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions

The attached brief contains available pertinent data 011 the applicant and the factors leading to the discharge.

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

The applicant was discharged under AFI 36-3208, paragraph 5.49 (Minor Disciplinary Infractions).  The applicant contends discharge was inequitable because he was not well represented.  The records indicated the applicant received two Article 15s, a Vacation Action, and a Letter of Reprimand for misconduct.  His misconduct included failure to show for a scheduled dental appointment and failure to show on time for  guard mount, insubordination to a superior officer, and insubordination to a superior non-commissioned officer while deployed at Ali Al Salem AB, Kuwait.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board opined that the fact the applicant was not pleased with the outcome of his discharge did not mean he was inadequately represented.  The applicant admitted that he committed the offenses and thought he would be discharged before he returned from his deployment.  The applicant further indicated he met with an area defense counsel and a review of his discharge paperwork indicated that he was fully advised of his rights, acknowledged his rights, and did not provide a response to the discharge notification.  The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief