AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

MIDDLE INITIAL)

GRADE

AlC
X	RECORD REVIE
ADDRESS AND OR ORGANIZATION OF COUNSEL

HON

GEN	UOTHC

OTHER	DENY
x x x

ISSUES	A92.21 A92.01 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

09 Sep 2010	FD-2009-00076

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.

TO:

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, 3RD 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-2009-00076	

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.

FINDINGS:  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.

ISSUES:

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article 15s and a Record of Individual Counseling for misconduct.  His misconduct included failure to go, underage drinking and misuse of his Government Travel Card.  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.

Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports. 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.

The DRB was pleased to see that the applicant was doing well, has a family and continuing his education. 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 his 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 the applicant 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