·-------·

+------

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
GRADE

AFSN/SSAN

X

RECORD  REVIEW

AllllR:SS ANll OR ORGANIZATION OF CO!:NSF.L

x

MEMBER  SITTING

····--+------+----··->

x
x
+------!
x
x

ORDER i\PPOINTING Tl IE HOARD
APPLICATION  FOR REVIEW OF Dl8CI IARGE
OF

COUNSEL'S RELEASE TO THE BOARD
ADDlTIONAL 1--:XHIBITS SUBMITTED AT TIME Of PERSONAL Al'l'f<:A RA l'<CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

A92.35 A94.05		

01 Jul 2010		
CASE NUMBER

FD-2009-00175	
APPU\-<\tff\'l ISSIJEAND THE BOARD'S	Ul'J\:RE msn:ssEll ON Tiff ATf ACf-lEt>,	
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a person application to the AFBCMR.

Names and votes will be made available to the applicant at the ap

SAF/MIU3R
550 C STREET WEST, S111TI' 40
RANDOLl'll :\FB, TX 781)0-4742	

al appearance with/without counsel, and the right to submit an

plicant's req uest.

SEC!HTAHY OF UIE AIR FOIKE l'EHSONNEL COUNCIL
Am FORCE DL.,C!·tAHGf:: HEVIEW UO,\HO
!SJ5 COMMA ND Ilk, EE WING, JRD FLOOR ANUHEWS A I!, MD 20i62-7UOI

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

AIR FORCE DISCHARGE REV I EW BOARD DECISIONAL RATIONALE	CASE NUMBER

.FD-2009-00175	

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 service record.

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

.FINDI NG: 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 would justify a change of discharge.

ISSUE: Applicant states that his discharge was inequitab1c because it focused on an isolated event and did not take into account the good things he did while in the service. He believes that his honorable character is further evidenced by his choice upon leaving the Air Force to continue to serve military members as a civilian with honor and distinction. The ORB took note of the applicant's duty perfonnancc as documented by his perfonnance reports, character letters,  letters of recommendation and recognition, and other accomplishments. The ORB also was very pleased to see that the applicant was doing well and has thrived working with TRICARE beneficiaries and veterans in the civilian sector. However, after a careful review of the applicant's personnel record, it found the seriousness of the willful  misconduct  offset  any positive aspects of the applicant's duty performance. The Board found no inequity or impropriety in the course of the hearing and concluded the misconduct of the applicant appropriately characterized his tenn of service.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge rq,rulation 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 dctem1ines the discharge should remain unchanged.

Attachment: Examiner's Brief