AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MTDDLF: TNITTAL)

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AMN
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- :: ].--- PERSONAL APPEARANCE	x	RECORD REVIEW	
NAM:OF COUNSEL AND OR ORGANIZATION	AODRESS AND OR ORGANIZATION OF COUNSEL	

HON	GEN	UOTHC

OTllER

DENY

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ISSUES	A93.19 A93.0 I

A67.10

1	

ORDER APPOI NTI NG Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION

4  BRJEF OF PERSONNEL FILE

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COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDI NG Of  PERSONAL APPEARANCE  I !EARING
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HEARING DATE	

22 Jul 2010	FD-2009-00105
 ·· 'k · · 1 c:.'J	,	'l'J:.'i:V;JTm1c·"'""' 'r;.;;'"lf'lCMW": W!tilh<'f,'i:•"f:";<;fF"·::'V'.\li•.1n:P( TiN'i '\(1;1,01;1,;r1'.
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Case heard in Washi ngton, 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 appl icant's request.

*Reason and Authority
+ Reenlistment Code

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

FROM,

SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW »OARD
15J5 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATTONALE	CASI<: NllMBKR

FD-2009-00105	

GENERAL:  The appl icant appeals	upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined and requests that the review be compl eted based on the available service record.

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

FINDING:  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.

ISSUE:

The applicant was discharged for misconduct, minor disciplinary infractions. The applicant does submit that he wants a second chance to reenlist in the Air Force Reserves. The record indicates the applicant received one Article 15, two Letters of Reprimand, one Record of Individual Counseling, and a vacation of suspended punishment. These incidents of misconduct occurred during the period October 2004 to January 2005. The applicant was given adequate opportw1ity to successfully meet and comply with Air Force standards. 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 appl icant'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.

ln view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and detem1ines the discharge should remain W1changed.

Attachment: Examiner's Brief