AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AB
X	RECORD  REVIEW
ADDRESS AND OR ORGAN!ZAT!ON OF COUNSEL

ISSUES

A95.00 AOl.00

INDEX NUMBER

A67.90

HON	GEN	UOTHC

ORDER APPOINTING THE HOARD

OTHER

DENY
x

x x x x

2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRlEF OF PERSONNEL  FI LE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TI ME Of' PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HFARrNG

HEARING  DATE	CASE  NTJ:v!DER

07 Jan 2010	FD-2008-00581

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:

SAFtM RBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY (W THE AIR FORCE PERSONNEL COUNCIL
AIR YORCE ll!SCllA.RGE REVIEW BOARD 15:15 COMMA.  D llR, EE WING, 3RD FLOOR ANDREWS AFB, Ml.l 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE  NUMBER

FD-2008-00581	

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.

ISSUES:

The applicant submitted no issues regard ing an inequity or impropriety of his discharge.  The record indicates the applicant received an Article 15, three Letters of Reprimand, and a Letter of Counseling for misconduct.  His misconduct included failure to meet training requirements, threatening another airman, disobeying an order (2x), refusing to leave a truck for fear of being exposed to harmful radiation, and failure to follow procedures in an exercise.  The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and fow1d 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