AIR PORCE DISCHARG E REVIEW BOARD HEARING RECORD
•	NAMF. OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB
X	RECORD  REVIEW

YES	So

x

ADDRESS Ai'ill 01< ORGANIZAT!ON OF COUNSEL

l lON	GEN	UOTHC	onum

DENY

x
x

ISSIJES

A94.05

INDEX NUMBER

A66.00

x
x
x

1 ORDER Al'POINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCl lAIWE
3  LETTER OF NOTIFICA T!ON
, 4 LIR!EF OF PERSON N FL FILE COUNSEL'S RELEASE TO Tl IE HOARD
ADDITIONAL EXHIBITS SUBMITTED AT llME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE I !FAR I NG

Hk:ARING DATE	CASE  Sl!MllER

01 Dec 2009	FD-2008-00535
l'!;jjj BOARJ)'SJ)l!CISIONAL RA'flONALE ARE PlSCUSSr::D ON TliE Al'TA<;:!iil   IR  ORCl!PISC

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. SlJITE 40 RA NDOLPH Af l3. TX 78150-4742

SECRETARY OF THE AIR FORO; VERSONr;EL COllSCIL AIR FORCE DISCHARGE REVIEW BOARll
1535 COMMAND DR, EE WING, 3Rll FLOOR ANDRRWS AFB, MD 20762- 7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE !\UMBER

FD-2008-00535	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered  a personal appearance  before the Discharge Review Board (DRB) but declined and req uests 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 di scharge. 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.
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 contends discharge was inequitable because it was too harsh he only had one incident in 30  months of service with no other adverse actions.  The records indicated the applicant received two Article  15s for misconduct.  His misconduct consisted of stealing an infant dress from AAFES and wrongful use of marijuana.  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 contri butions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

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: Exami ner's Brief