AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY

x x x
x
x

ISSUES

A94.53

INDEX NUMBER

A37.00

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1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

16 Nov 2010	FD-2009-00137

Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will be made available to the applicant at the applicant's request.

TO:

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

SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

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

 	

- AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00137	

GENERAL: The applicant appeals to change the reason and authority for the discharge and to change the reenlistment code.

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

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews Air Force Base, Maryland on 16 Nov 2010, but failed to appear before the board. As this was the applicant's second failure to appear on the date he was scheduled for a PA, he forfeited his right to a PA and his record was reviewed as an NPA records review.

FINDING: The Board denies the request for change of reason and authority for discharge and the request for change of reenlistment code.

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.

The applicant was discharged IAW AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.22, Discharge in the Interest of National Security. Applicant refused to submit required security clearance paperwork, SF 86, Questionnaire for National Security Positions. Applicant received an honorable discharge. The 104 FW/JA legal review noted that the applicant stated he refused "to sign a peice [sic] of paper I do not agree with and the service should have informed me of when I enlisted and failed to do so."

In his submission to the DRB, the applicant contends that he had an active security clearance in the system and requested to speak to counsel via the JAG or the IG office. He stated that after he submitted the SF 86, his commander stated that he would still be discharged. The applicant subsequently submitted a conditional waiver of his right to a discharge board on the condition he received an honorable discharge, even though he had a total of nearly 18 years of active and inactive service. 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.

Inview of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for change of reason and authority for discharge and to change the reenlistment code and determines the discharge should remain unchanged.

Attachment: Examiner's Brief