AIR FORCE DISCHARGE  REVIEW BOARD REARING RECORD

NAME OF SERVICE l\IEMBER (LAST, FIRST l\HDDLE INITIAL)

GRADE

AFSN/SSAN

AMN
X	RECORD  REVIEW
ADDRESS AND OR ORGf\NIZA TION OF COUNSEL

MEMBER  SITTING	HON

GEN	UOTHC	OTHER

DENY

X*+ X*+
X*+

X*+

ISSUES

A92.21 A93.0 I

INDEX NUMBER

A67.l 0;-------- !1	2'.S
l ORDER APPOINTING THE BOARD
2	APPLICATTON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4 BRlEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCB
TAPE RECORDINCi OF PERSONAL APPEARANCE HEARING

HEARING DATf:	CASE NUMilER

13 May 2010

FD-2009-00100

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 A FBCMR.

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

*Reason and Authority
+Reenl istment Code

TO:

SAF/MRl:lR
550 C S rREET WEST, SUITE 40 RANDOLPH AFI3, TX 78150-4742

FROM

SliCRll:TARY OF THE AIR FORCE PERSONNEL COUNCii,

A.IR FORC:IJISCHf\RG; R!WIRW
1535 COMMAND ANDREWS AFB,

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-200900100	

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 req uests 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 di scharge.

FINDING: The Board  denies  the  upgrade  of the discharge,  change of reason and authority  for discharge, and change of reen l istment code.

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.

ISSU E:

Issue 1. Applicant contends discharge was inequitable because it was based on isolated incidents due to his youth and maturity. The records indicated the applicant received an Article 15, a Vacation, and five  Letters of Reprimand for misconduct. His misconduct consisted  of using a government telephone and personal identification number for unofficial phone calls, reckless driving (twice), underage drinking (twice), failure to and bei ng late for duty. 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. 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 his term of service.

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 the foregoing findi ngs, 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