AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
GRADE

AMN	Af'SN/SSAN	
X	RECORD REVIEW

ADDRESS AN!.> OR ORGANIMTION OF COUNSEL

x

HON	GEN	UOTHC

OTHER

DENY
x

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ISS!:ES

A93.01

INDEX NllMBER

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A67.IO
ORDER APPOINTING THE 130ARD

l.....!IEAR!NG    DATE
13 ,Jan 2010

CASE NUMBER

FD-2008-00580

2 APPLICATION FOR R P.VI EW-··O-·-F---D·f-S-CHARGE -------·
3 LETTER OF NOTIFICATION
13RlEJ7 OF PERSON NEi . Fl LE
COUNSEL'S RELEASE TO TUE HOARD
ADDITIONAL EXHIBITS SUAMITTFD AT TIME OF PERSONAL  APPEARANCE
jTAPE RF.CORDf NO OF PERSONAL APPEARANCE HEARING

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 req uest.

TO•

SAF/MRl3R
550 C STREET WEST, SUITE 40 RANDOLPH AFB. TX 78150-4742

FROM•

SECRRTARY OF THE AIR FORCE PERSONNI::L COllNCIL AIR FORCE DISCHARGE RF.VIEW BOARD
1535 COMMAND IJR, t: : WING, 3RD FLOOR
ANDREWS Arn, MD io1tiZ-7001

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

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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE  Nl'MBER

FD-2008-00580	

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 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.

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: The applicant acknowledged that he had great leadership while in the Air Force, but he did not take advantage of it. He stated that he was "young and very foolish for making mistakes," which caused his discharge. The applicant was discharged under AFI 36-3208, paragraph 5.49, Misconduct: Minor Disciplinary Infractions. During his two years and three months  of service, the applicant received three Records of Ind ividual Counseling (RICs), three Letters of Reprimand (LOR),  an Armed  Forces  Traffic Ticket and nonjudicial punishment (NJP) for offenses ranging from failure to go and dereliction of duty to underage drinking.

The applicant did not raise any issue of inequity or impropriety; however he focused on his youth for making foolish mistakes while in the Air Force.  The DRB recognized the applicant was 20 years of age when most of the misconduct took place; however, the applicant continually failed to adhere to Air Force standards despite rehabilitative efforts by the Air Force. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of his discharge. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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 administrati ve 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 determi nes the discharge should remain unchanged.

Attachment: Examiner's Brief