AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN	
	PERSONAL APPEARANCE	X	RECORD  REVIEW	
	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL	

	HON	GEN	UOTHC	OTHER	DENY	
					X*+	
					X*+	
					X*+	
					X*+	
					X*+	

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

ISSUES

A92.41

INDEX NUMBER

A49.00

1 ORDER APPOINTING THE BOARD

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NUMBER

07 Feb 2011

FD-2009-00443

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.

*Reason and Authority
+Reenlistment Code

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TO:

l<\F/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00443	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant was discharged for both unsatisfactory performance, failure to progress in military training, and for minor disciplinary infractions.  He twice failed his end of course exams for his Career Development Course.
He also received three Letters of Reprimand and three Letters of Counseling for misconduct.  The  misconduct included dereliction of duty, failure to report to work on time, failing to pay ajust debt, failure to adhere to dress and appearance standards, and disobeying an order.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  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.  The applicant submits that he believes he deserves a second chance despite his discrepancies so that he may serve his country in the Unites States Armed Forces.  The Board 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 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 findings, the Board further concludes that there exists no legal or equitable basis for	
upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief