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

..

TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
1:;  cotiNstj/ ..

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
,_.;.•.;	·.	-,...•. .  ·xv····/   ,;; :..},'

MEMBER SITTING

HON	GEN	UOTHC	OTHER	DENJY
x x

x	'

I

',

x x

;l -	-s:wt n:.ir; :m,:,..	J,;) '.:k :;,,>•

-- --	---- --	--  -----    -	----- -  .  -------- -	-'orr,'•'"'';'"
ISSUES	A94.53	INDEX NUMBER	A67.10	!	,_,,,,
A92.21	1 ORDER APPOINTING THE BOARD
A93.0l	2  APPLICATION FOR REVIEW OF DISCHARGE	i
3	LETTER  OF NOTIFICATION	:
4	BRIEF OF PERSONNEL FILE	I
COUNSEL'S RELEASE TO THE BOARD	I
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
I
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
i,
HEARING DATE	CASE NUMBER	I

I

06 Jan  2011	FD-2009-00420	I

:.:·r.-';'':... : ' ,:'

".i

..,	' ,.,,.	:	...	.	· .

.	'	·'1'>'EllYsro.NAvm1'!\1At'".

Case heard in Washington, D.C.	!

Advise 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.

			

v AF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742	
SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-700!	

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition will be used

- ------- .._AIRFORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

I
CASE NUMBER
I
FD-2009-00420
!

I

The applicant  was  offered a personal  appearance  before the Discharge  Review Board  (DRB) but decline
and requests that the review be completed based on the available service record.	I
I
!

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.1
1

FINDING:  The Board denies the upgrade of the discharge.

9f

The Board finds the applicant  submitted no issues contesting the equity or propriety  of the discharge, an after a thorough review of the record, the Board was unable to identify any that would justify  a change discharge.	I

ISSUES:	i
I

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applican does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his  I
country as a law enforcement officer.  The record indicates the applicant received two Article 15s for	i

1

dereliction in the performance of his duty, and disrespectful language to a non-commissioned  officer.  The	\
!
Board opined that through these administrative actions, the applicant had ample opportunities to change his  I
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.

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 3. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The D noted that when the applicant applied for these benefits, he signed a  statement  (DD  Form  2366,  on October 8, 2004) that he understood he must receive an Honorable discharge to receive future educationa1 entitlements. The Board was sympathetic to the impact the loss of these benefits  was  having  on  thq applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.	I
I
Issue 4.  Applicant contends that he should not be penalized indefinitely for mistakes he made when young.  I
The DRB recognized the applicant was 21 years of age when the discharge took place.  However, there is no I
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older       I
than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.	!,
The DRB concluded that the characterization of the applicant's discharge was appropriate due to the	1
misconduct.
Issue 5.  Applicant contends his youth and uncertainty contributed greatly to his misconduct.  The record indicates the applicant received a General discharge but upon review of the record, the Board was unable to find any documentation regarding the discharge.  Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct  was a significant departure from the conduct

expected of all military members.  The Board relies on the presumption of regularity and finds the
-    charactenzat1on-of seivice appropriate.

The Board highly recommends that if the applicant can provide additional documented information to	. substantiate their issue(s), that he should consider exercising his right to make a personal appearance before I the Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with i factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as ant contributions to the community.	:
i CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with th procedural and substantive requirements of the discharge regulation and was within the discretion of thf discharge authority and the applicant was provided full administrative due process.	'
I
In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.	i

Attachment: Examiner's Brief