AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

IDDLE INITIAL)

GRADE

AMN

RECORD REVIE

YES	No
x

ADDRESS AND OR ORGANIZATJON OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY

X* X* X*

ISSUES

AOl.01 A94.05

INDEX NUMBER

A67.10

X*
X*

1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4   BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

28 Oct 2010	FD-2009-00051

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.
*Reason and Authority

-

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

SECRETARY OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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-2009-00051	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 28 Oct 2010.

The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant's Contentions

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge and change of reason and authority for discharge 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for being drunk and disorderly.  He had additional misconduct and was administratively disciplined for being late to formation, being intoxicated on duty, and writing a check with insufficient fund in his account.  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.

Issue 2. Applicant contends his discharge was improper because he wasn't given the proper appeal time and his discharge was completed within a 72 hour period.  The DRB reviewed his record and made several inquiries during his appearance, and determined that he was provided the legal counsel and exercised his rights in accordance with the governing Air Force Instructions and policy.

Issue 3.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized xxhis term of service.

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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief	

APPLICATION FOR THE REVIEW OF DISCHARGE	OMB No. 0704-0004
FROM THE ARMED FORCES OF THE UNITED STATES	OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing thi.s application.)	Oct 31, 2009

AUTHORITY:  10 U.S.C. 1553; E.O. 9397.

PRIVACY ACT STATEMENT

PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for military diSCharge issued to an individual. ROUTINE USE(S):  None.
DISCLOSURE:  Voluntary; however, failure to provide Identifying information may impede processing of this application.  The request for Social Security Number is strictly to assure proper identification of the individual and appropriate records.
revie'Ne(J). PLEASE PRINT OR TYPE INFORMATION.

2.	DATE OF DISCHARGE OR SEPARATION
(YYYYMMDD) (If date is more than 15 yea/S	t--r--.,,.,=:,--,,  ------------l'C'"""7'":-:-:-:-===':":?'.   ---t
ago. submit a ODForm 149)
GENERAUUNOfil'l HONORABLE CONDITIONS

3.	UNIT AND LOCATION AT DISCHARGE OR SEPARATION
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7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDDJ	 	
AND THIS FORMIS SUBMITTED TO ADD ADDITIONAL  ISSUES, JUSTIFICATION, OR EVlOENCit
8.  NSUPPORT O    THIS APPLICATION,THE FOLLOWING ATTACHED DOCUMENTS ARE SUB  ITTEO AS EVIDENCE: (Continue in Item 14.
If military documents or medical records arerele'Vanl to your case. please send copies.)
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CONDUC A RECORD REVIEW OF Y DISC  RGE BASE.D ON MY MILITARY PERSONNEL FILE ANO ANY SUBMITTED BY ME. I ANOJOR (coum1e/Jtepmsentalive} WILL NOTAPPEAR BEFORE THE BOARD.
I ANOIOR (counse/Hepresentalive} WISH TO APPEAR AT A HEARINC AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE WASHINOTON, 0.C. METROPOLITAN AREA.
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(See Item 10 of the instructions about counsel/representative.)

11.APPLICANT MUST SIGNIN ITEM 12.a. BELOW. lfthe record in question Is that of a deceased or incompetent person,LEGAL PROOF   OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the applicationIs signed by other than the applicant,
Indicate the name (prinQ	and relationship by marking a box  below.
SPOUSE	WIDOW	WIDOWER	NEXT OF KIN	LEGAL REPRESENTATNE	OTHER (Specify)

12.CERTIFICATION. Imake the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shaH be fined under this tiff• or imprisoned not more than 5years, or both.)
b. DA  SIGrNED - ,,Q\I s

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15. REMARKS (If applicable)
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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.	
ARMY
Army Review Boards Agency Support Division, St. Louis 9700 Page Avenue
St. Louis, MO 63132·5200
(See http://arba.army.pentagon.mil)	NAVY AND MARINE CORPS

Naval Councilof Personnel Boards
720 Kennon Street, S.E.
Room 309 (NDRB)
Washington Navy Yard, DC 20374-5023	
AIR FORCE
Air Force Review Boards Agency SAF/MRBR
550-C Street West, Suite 40
Randolph AFB, TX 78150-4742	COAST GUARD

U.S. Coast Guard Commandant  (CG-122)
2100 Second Street, S.W. Room 5500
Washington, DC 20593	
DD FORM 293, NOV 2006	Page 2 of 4 Pages