AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

X	RECORD  REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN

UOTHC	OTHER	DENY

X*+ X*+
*+

X*+

A94.0l
A93.0l

INDEX NUMBER

A67. 10

REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

X*+

i----------------+------------........ -..      -       ··-·------c-
HEARING  DATE

COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
--------------------·!
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 appl ication to the AFBCMR.

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

*Reason and Authority
+Reenlistment Code

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE D!SC!IARGE  REVIEW BOARD 1535 COMMAND Oil.. F.J': WING, 3RD FLOOR
ANJJREWS AFll. MD io76i-7not

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00030	

GENERAL: The applicant appeals for upgrade of rl1 harge 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 (ORB), 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 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:

Applicant contends that he should not be penalized indefinitely for a mistake he made when "young and dumb." The applicant was discharged IAW API 36-3208, paragraph 5.49: Misconduct: Minor Disciplinary Infractions and received an under honorable conditions (general) discharge. The applicant received: nonjudicial punishment (NJP) for assaulting his wife, by kicking her in the stomach and violating a no­ contact-order; a Letter of Counseling for dereliction of duty by calling his wife at his duty section and arguing with her at the duty section; and two Letters of Reprimand for being disrespectful to his supervisor and being absent from his duty section without approval. The DRB recognized the applicant was 19    of age when he enlisted in the Air Force and 21 years of    when the discharge took place; however, there was no reason that applicant could not properly adhere to the Air Force's standards of conduct. 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 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