------.,----·-------------------... ------      ----------------- AIR FORCE DISCH ARGE REVIEW BOARD HEARING RECORD

NAME OF SF:RVIO: MEMBER {LAST, FIH.ST MIDDLE INfHAL)

GRDE	AFSN/SSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION m- coUNSEL

x

ISSUES

A94.05
A92.00

INDEX NUMDER

A.66.00	m'' ,.	-l2-l?
1 OR DER APPOINTING THE BOA RD
2 APPLICATION f'OR RFVlFW OF DJSCIIARGE
3 LETTER OF NOTlFICATll)N
4  BRIEF OF PERSONNEL  FILE COUNSEL'S  RELEASE  TO THE BOARD
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
-·-··--- --------------!

HEARING  !)ATE	CASE NUMllER

26 Aug 2010	FD-2009-00174

Case heard in Washington, D.C.

Ad vise 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 applicant at the applicant's request.

9/1/2010

TO•

SAF/MRBR
550 c STREfff wi:sr, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF Tm: AIR FORCE PERSONNEL  COUNCIL AIR t"ORCE DISCHARGE RJ::va:w HOARll
1535 COMMAND IJR. EE WING, 3Rll FLOOR ANIJREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASF NUMTIFR

FD-2009-00174	

GENERAL  The applicant 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	record.

The attached brief contains availahlc pertinent data on the applicant and the factors leading to the discharge. FINDING:  The Board denies the upgrade of the discharge.
The Board  finds that neither  the evidence  of record  nor that provided  by the applicant  substantiates  an inequity or impropriety that woul d justify a change of discharge.

ISSUE:

Issue l . Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  He has expressed a desire to have his discharge upgrad ed so that he may be eligi ble to become a police officer.  The records indicated the applicm1t had a Special Court Martial and was found guilty of maki ng a		military identification card for th ree people, failure to file, safeguard and account for AF Form	failure to pro perly store a DD Form	wrongfully appropriated two Motorola Sabre Radios
and testing positive for marijumm prior to pre-confinement	The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be 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 applicant1s duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset filly positive aspects of the applicant1s 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 procedural and substm1tive 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 find ings, the Board further concludes that there exists no legal or equitabl e basis for upgrade of discharge and determines the discharge should remai n unchanged.

Attachment: Examiner's Brief