AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBtm. (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD  REVIEW

AFSN/SSAN

ADDRESS AND OR ORC.ANIZATl<JN OF COUNSEL

YES	Nu

x

l\llli'l\llllli'D <;;! fTTll\JIC

von:OF Tm:BOARD
e	1

HON	GEN

llOTHC

OTHER

DENY
x x x

ISSUES

A93.01 A94.55

INDEX NllMDER

A84.00

x x
EX:HmITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OP NOTIFICATION
4 13RlEF OF PERSONN EL 1'11 .E COUNSEL'S RELEASE TO Tl IE HOAR D
ADDITIONAL EXHIBITS SUI3MTTTED AT TI M E Or PERSONA L APPEA RA NCE

TA l'E R ECORDI NG OF PERSONAL APPEARANCE lIFA RI NCi

HEARING DATE	CASE NUMBER

17 Dec 2009

FD-2009-00001

APPUCANT'S ISSUE AND THE llOAl\D'S DllCIS!ONAL RATIONALllAREOISCUSSl!O ON THI! AlTACHEIJ AJR FORCl!J)lSCHARGE Rl!VlllW llOARIJ IJECJSJONAL RATIONALE.

Case heard in Wash ington, O,C,

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the A FBCMR.

Names and votes will be made availabl e to the appl icant at the applicant's req uest.

            -----:I:Nt"::D:::-O:::R: S:E::':M": E::N-'.::::  -	----1...--..	.

DATE: : 12717120119

TO:

SAl'/MRHR
550 C STREET WEST, SUITE 40 RA N DOLPH AFI3, TX 781 50-4742

SECRETARY  OF THE AIR  FORCE PERSONNt:1, COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00001	

GENERAL:  The applicant appeals for upgrade of discharge to general and to change the reenlistment 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. FINDINGS: The Board denies the upgrade of the discharge and change ofreenlistment code is 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 contends his discharge was inequitable because he was young and immature at the time of his discharge.

The essence of the applicant's appeal is that he should not be penalized indefinitely for a mistake he made when he was young.  The records indicated the applicant failed to attend unit training assemblies on the following dates:  18 - 19 November  1995, 4 - 5 December  1995, and 20 - 21 January 1996.  The DRB recognized the applicant was 22 years of age when the discharge took place.  However, there is no evidence he did not know right from wrong.  Additionally, after reviewing the records the DRB had, the ORB did not find a valid reason for the applicant failing to report for duty.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The ORB concluded that the characterization of the applicant's discharge and the reenlistment  code were appropriate due to the misconduct.

CONCLUSIONS: 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 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