AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)

GRADE	AFSNfSSAN

X	RECORD  REVIEW
ADDRESS AND UR ORGANIZATION m·C0Ul'IS£l.

HON	GEN	UOTHC

CHI!ER	DENY
x

ISSUES

A94.53

ll'DEX NUMBER

A67.00

x x x
x

1 ORDER APPOINTING THE BOARD
2   APPLICATION FOR REVIEW OF DISCHARUL":
3 LETTER OF NOTIFICATION
4 BRJEF OF PERSON'NEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAi.  APPEARANCE

------------1
TAPE RECORDING OF PERSONAL APPEARANCE !!EARING
'---------r------------------+--1-----------------·---·-·----
HEARING DATf:	

22 Jul 2010	FD-2009-00113
LE ARB

Case heard in Washington, D.C.

Advise applicant	the decision of the Board, the right to a personal appearance with/without counsel, and the application to the AFBCM R.

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

SAl'/MR l3R
550 C STREET WEST, SUITE 40
RAN DOLPH Al-'B, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

to submit an

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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATlONALE	CASE NUMBER

FD-2009-00113	

GENERAL:  The appl icant 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 avai lable pertinent data on the applicant and the factors leading to the discharge.

After a review of the record, the Board unanimousl y voted to grant the relief of the requested  upgrade as discussed below.

FINDING:  The Board	the upgrade of the discharge.

The Board finds the applicant submitted no i ssues contesting the equity or propriety of the discharge, and after a thorough review of the record, t he Hoard was unable to identify any that would justify a change of discharge.

ISSUE:

Applicant submitted no		regarding the inequity or impropriety of his discharge.  The applicant does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his country in the Air Force or Army Guard.  The record indicates the applicant received an Article 15, five Letters of Reprimand, and four Records oflndividual Counsel ing for misconduct.  His misconduct included speeding on base, failed room inspection (3x), being late for roll call (3x), failure to take technical data to an aircraft, using his cell phone during duty hours, failure to attend training (2x), failure to perform inventory of a tool kit, and being late	work.  The Board opined that through these administrative actions, the applicant had ample opp011unities to change his behavior.  They found the seriousness of the wi llful misconduct offset any positive aspects of the appl icant's duty perfonnance.  The Board reviewed the entire record and found no evid ence 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 fi..irt hcr concludes that there exists no legal or equitabl e basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Exami ner's Brief