AIR FORCE DISCH ARGE REVIEW BOARD HEARING RECORD

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3

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

RECORD REVIEW
AND OR ORGAN!ZA T!ON OF COUNSEL

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1 ORDER APl'OlN1TNG Tl fE HOARD
j   2 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL l'.Xl!IBlTS SIJBMITfEO AT TIME OF PERSONAL  APPEARANCE

right to a personal appearance with/without counsel, and the right to

plicant at the applicant's req uest.

SECRETARY  Of THE AIR FORCE PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, .llHJ FLOOR ANDREWS  Arn. MD 10762-7001

ISSUES
A94.53	INDEX NUMBb:R	

m;ARING DATE

22 Jul 2010	

FD-2009-00148	

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the application to the AFBCMR.

Names and votes will be made available to the ap

*Reason and Authority
+Reenlistment Code

TO:
SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

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AFHQ FORM 0-2077, JAN 00	(EF- V 2)

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AIR FORCE DISCHARGE R.EV l.EW BOARD DECISIONAL RATIONALE	CASE NUMBER

- FD-2009-00148	

GENERAL: The applicant appeals for upgrad e of discharge to honorable, to change  the  reason  and authority for the discharge, and to change the reen l istment code.

The applicant \vas offered a personal  appearance before the	Review Board (DR B) but declined and req uests that the review be completed based on the avai lable	record.

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

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

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

The Board finds the applicant submitted no issues contesti ng 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	of discharge.

ISSUE:

Applicant submitted no issues regardi ng the inequity or impropriety of his discharge.  The applicant does submit that he believes he	a second chance despite his discrepancies so that he may serve his country in the Unites States Air Force again.  The record indicates the appl icant received an Article 15 and three Letters of Reprimand for misconduct.  His misconduct consisted of underage drinking, threatening to rape a fellow airman, committing adultery, fail ure to go, and harboring an underage minor in his dormitory room.  The Board opined that through these administrative actions, the appl icant had ample opportunities to change his behavior.  They found the seriousness of the willful miscond uct offset any positive aspects of applicant's duty performance.  The Board reviewed the entire record	found no evidence of impropriety or inequity to waff ant 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 regul ation and was within the discretion of the discharge authority and the applicant was provided full administrati ve due process.

In view of the foregoing find ings, the Board further concl udes that there	no legal or equitabl e basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief