AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
ll2.ii8EL '.   y;  NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS  AND  OR  ORGANIZATION   OF COUNSEL
YES	I	No
I x
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HON	GEN	UOTHC	OTHER	DENY  I
x x x x
x
ISSUES	A94.53	INDEX   NUMBER	A67.10	· '.'"	t§	·Ei:'J:l·	·"';.: .· ·:/ ,. ;1t1
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

06 Jan 2011	FD-2009-00386
APPLICANT'S ISSUE AND THE BOARD.'.S DECISION.AL RATIONALE ARE DIS.CUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW I;lOARD DECISIONAL RATIONALE.
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Case heard in Washington, D.C.

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Advise applicant of the decision of the Board, the right to a per:,rn1:il 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 apr•l i cant's req uest.

INDORSEMENT

S   F/MRBR
50 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

TO:

DATE:    1/11/lUu

,u I< FTARY OF THE AIR FORCE PERSONNEL COUNCIL
.\J R FORCE DISCHARGE REVIEW BOARD
Jc.le C'OIMAND  DR, EE WING, 3RD FLOOR
.\ \IJR E\\'S AFB, MD 20762·7001

AFHQ FORM 0-2077, JAN 00	I    '.      ;  - \ 2 )	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00386	

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.

FINDING:  The Board denies the upgrade of the discharge.

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.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity  or impropriety  of his/her  discharge.  The record indicates the applicant received an Article 15, a vacation of suspended punishment, two Letters of Reprimand, and a Record of Individual Counseling. His misconduct included failure to report (4x), dereliction in the performance of his duty, and failing a dorm room inspection.  The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. 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 t he discharge regulation and was within the discretion of the discharge authority and the applicant was pnl\ i ded full administrative due process.

In view of the foregoing findings, the Board Iu rt her concl udes that there exists no legal or equitable basis for upgrade of discharge and determines the discli arge should remain unchanged.

Attachment: Examiner's Brief

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