AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

•	NAME O:F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD  REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

X*+ X*+

ISSUES

A95.00 AOl.00 A93.0l

t P;x NUMBER

A67.90

IONAL EXllIBITS SUBMITTED AT TIME OF ONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H ;ARING DATE	CASE NUMBER

01 Jul 2010	FD-2009-001 16

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 request.

* Reason and Authority
+ Reenlistment Code

SAF/MlU:lR
550 C STREET	'' , SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COlll'ICIL AIR FORCE DISCHARGE REVI  W BOARD
ISJ5 COMMAND DR, EE WING, 311[) FLOOR l\N!lREWS AFB, MP 20762- 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00116	

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 (ORB) but declined and requests that the review be completed based on the avai l able service record.

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

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied.

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

ISSU E:

Issue 1 . Applicant submitted no issues 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 another branch of the armed forces. The record indicates the applicant received an Article 1 a vacation of suspended punishment, a Letter of Reprimand, two Letters of Counseling and two Records of Individual Counseli ng. His misconduct included failure to go (3x), dereliction in the performance  of his duty, grooming stand ards, and making provoking speech. He also feigned a leg injury to avoid doing PT. The Board opined that through the administrative actions taken, the applicant  had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

Issue 2.  Applicant infers that he should not be penalized indefinitely for a mistake he made when young.  The ORB recognized the applicant was 20 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The ORB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was withi n the discretion of the discharge authority and the applicant was provided full administrative due process.

In view of the foregoi ng findings, the Board further concl udes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief