AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVI EW
AODRK5S AND OR ORGANJZA TlON o ·COUNSEL.

MEMBER SITTJNG

HON

GEN	lJOTHC

OTHER	OF.NY
x

A95.00
AOLOO

INDEX NUMBER

A49.00 A67. 10

x x x
x

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTiflCA TION
4  BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONA!.APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARlNG

HEARING DATE

CASE NllMBER

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.

SAFfMRBR
550 c STREET w1:sr, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OFTH ; AH<  fORCE: PERSONNEL COUNCIL AIR fOllCE DISCHARGE REVIEW HOARD
1535 COMMAND OR, F.F. WING, JRIJ FLOOR
ANDREWS AFB, MU IU762·1001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00039	

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 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 submitted no issues regarding the inequity  or  impropriety  of  his  discharge.  The applicant does express a desire to have his discharge upgraded so that he may be eligible to reenlist in the armed forces. The record indicates the applicant received two Article l 5s, three Letters of Counseling and two Records of Individual Counseling for misconduct.  His misconduct included underage drinking, failure to remain in room while on quarters, failure to report (2x), CDC failure (2x), making a false  official statement, and failure to obey an order. 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 found 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 or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief