AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME QI!' SERVICE MEMBER (LAST, FIRST MIDDLE L ITIAL)

GRADE	AFSN/SSAN

SRA
X	RECORD  REVIEW

X*-r

X*+

X*+

1	ORDER APPOINTING Tl l1i BOARD	
! 2	APPLICATION FOR REVIEW OF DISCHARGE	
3	LETTER OF NOTJflCATION	
4	BRIEF OF PERSONNEL FILE	
	COUNSEL'S RELEASE TO THE BOARD	
1 ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF
1
PERSONAL  APPEARANCE	
f--+	T_A_P_E_REc_o_R_D_JN_c__o_F_PE_RS'O_N_A_L_A_P_P_EARAN_C_E_H_E_A_R_IN_G_,	·I·
.	

1--	-..;	--1	
HEARING DATE	CASE NIJMllER		

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 appl icant at the applicant's request.

*Reason and Authority
+Reenl istment Code

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY Of THJ;. AIR fORCli. PE!lliONNEl COUNCIL
Al R fC)NCE DISCHARGE REVIEW BOARD 15J!< COMMAND DR, EE WING, JRD FLOOR ANl>REWS Anl. MD 20762-7001

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

AIR FORCE DISCHARGE  REVIE\V BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009w00126	

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 requests that the review be completed based on the availabl e 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.

'TI1e 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:

Issue 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received a General Discharge for Unsatisfactory Participation from the Air National Guard.  Upon review of the record, the Board was unable to find any documentation regarding the discharge.  Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct wa5 a significant departure from the conduct expected of all military members.  The Board relics on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were appropriate.

Issue 2.  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 accomplishments and 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.

CONCLUSION: The Discharge Review Board concludes that the  discharge  was  consistent  with  the proced ural 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 further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain tmchanged .

Attaclunent: Examiner's Brief