AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME 01<'SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AMN
X	RECORD  REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN	UOTHC	OTHER

DENY

X*+ X*+ X*+

ISSUES

A92.21
A93.0l

INDEX NUMBER

A67.10

X*+
-------··----1------+-----+---+------+--------l
X*+

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHJBlTS SUBMl'rl'ED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDfNG OF PERSONA! . APPEARANCE  HEARING

Ht'.ARING DA TE	CASE NllM!lt'.R

01 Dec 2009	FD-2008-00539

Advise applicant of the decision of the Board, the right to a personal appearance with/without application to the AFBCMR.

 and the right to submit an

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCii.
All< FORCE DISCHARGE RF.VIEW BOARD 1535 COMMAND DR, J;E WING, lRD Fl,OOR ANDREW'S AFB. MD 20762·7001

-------·-F--- ------------------·--· ·---------

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

Previous

AIR -FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FDw2008-00539	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reen listment 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 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:

Issue 1. Applicant admits he was young and took the easy way out to avoid conflict with his supervisor and first sergeant. He has expressed a desire to have his discharge upgraded so that he may be eligible for reenlistment into the armed forces. The records indicated the applicant received an Article 15, a Vacation, seven Letters of Reprimand, and four Letters of Counseling misconduct.  His misconduct  consisted of failure to complete a tasking, failure to attend mandatory appointments (3x), caught sleeping during duty hours (2x), failure to obey an order (3x), making a false official statement, failure to go, violation of dress and appearance standards by displaying jewelry in ear while in uniform, failure of dorm room inspection and a radio that was reported missing was found in his helmet bag. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded that the negati ve 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.

Issue 2.  The DRB was pleased to sec that the applicant was doing well, continuing his education and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive req uirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided hill administrative due process.

In view of the foregoing findings, the Board further concludes that there	no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief