AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

APPEARANCE	X	RECORD  REVlEW
ADDRESS AND OR ORGA. 11'.ATION OF COIJNS :L

X*+

ISSUES	A94.05	I I Nl>EX NUMBER

A67.10

X*+

OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME Of' PERSONAL APPEARANCE
TAPE RECORDING Of PERSONAL APPEARANCE HEARING

HEARING DA n:	CASE N1:1DER

17 Mar 2010

FD-2009-00014

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 AFBC1\11R.

Names and votes will be made available to the applicant at the applicant's request.

*Reason and Authority
+ Reenlistment Code

SAF/MRBR 550 C STIU::!-:T RANDOLPH

Sl::C'RETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLUOR ANDREWS AFB, MD 20762-7001

AFHQ FORM  0-2077, JAN 00	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD200900014	

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

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:

Applicant contends discharge was inequitable because it was too harsh and he was harassed by his superiors and peers.  He has expressed a desire to have his discharge upgraded so that he may be eligible to reenlist  into the armed forces.  The records indicated the applicant received an Article 15, three Letters of  Reprimand, and three Letters of Counseling for miscond uct.  His misconduct consisted of failure to maintain the office cell phone on his person at all times during the duty day, missed formation, making a false official statement (2x), failure to	and dereliction of duty.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded that  the negative 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.

The Board highly recommends that if the applicant can provide additional documented information to substantiate his issue(s), he should consider exercising his right to make a personal appearance before the Board.  Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety  and any exemplary post-service accomplishments as well as any contributions to the community.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements 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