AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

X	RECORD  REVIEW
ADIJRESS AND OR ORGANIZATION  OF COl'NSEL

ISSUES

A92.01 A93.33 A94.05

INDEX NUMBER	A67.90

x x x
x

PPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDJTIONAL EXHII3ITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NUMBER

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.

SAF/MRBR
550 C STREET WEST, SUlTE 40
RANDOLPH AFB, TX 78150-4742

SRCRETARY OF THE AIR FORCE PERSONNEL COUNCii,
AIR fORCE l>fSCHARGE REVIEW BOARD 135 COMMAND DR, EE WING, 3RD FLOOR ANllRf:ws AF!I, MD 20?62-?UOl

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00008	

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 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 .
The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct:  Conduct Prejudicial to Good Order and Discipline. Applicant contends discharge was inequitable because it was too harsh in that he was railroaded out of the military by supervisors for mistakes that were not severe. The applicant contends that he was given "reprimands" lying when he had not and this was carried out by supervisors who folt they would threaten his career if fought the punishments. The records indicate the applicant received three Records of Individual Counseling (RIC) for failing to take a scheduled photo shoot, improperly taking passport photos of members in BDU shirts and failing to pay his Star Card in the amount of $38 in a timely manner. In addition, he received  two Letters of Reprimand (LOR) for making a fal se statement with the intent to deceive an NCO and failing to go to his appointed place of duty at the appointed time. The  applicant also recei ved an Article 15 for failing to go to his appointed place of duty at the prescribed time, resulting in a suspended punishment and a vacation of the rank for communicating indecent language to all members of the communications squadron via an e-mail. In response to all of the above actions, the applicant either did not respond or apologized for his misconduct. In addition, he waived his right to counsel and also waived his right to submit statements to the administrative discharge proceedings.

Issue
The applicant also states that his discharge did not take into account the good things he did while in the service.  The DRB took note of the appl ica.nL's duty performance as documented by his performance reports and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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