AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE  GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

YES

_, _,;"''l , NAME OF COUNSEL AND OR ORGANIZATION
No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x

x

ISSUES		A92.21 A93.01 A94.05

INDEX NUMBER

A67.10

x
x x

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 RECORDI NG OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

07 Feb 2011	FD-2009-00491

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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/witho ut 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.

TO<

FROM<

SECRETARY OF TH I     1 I  f f- ORCF. PEHSO.\'\EL  COli:\ICIL
AIR FORCE DJSCl-l:\!U, f    !\EVIE\\' BOARD 1535 COMMAND DR  I l \\ fl'\(;, JKD FLOOR ANDREWS AFB, MIJ :,. r          on I

------- - ---------
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previ ous ed iti on will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00491	

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 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

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Articles 15 for misconduct which included adultery and failure to obey a no contact 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.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. The DRB recognized the applicant was 25 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was older  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 misconduct.

Issue 3.  The DRB was pleased to see that the applicant was doing \\ el l and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in t h e course of the hearing.  The Board concluded the misconduct of the applicant appropriately characteri /'.ed his term of service.

CONCLUSION: The Discharge Review Board concludes tha t t he discharge was consistent with the procedural and substantive requirements of the discharge regulat i < in and  was within the discretion  of the discharge authority and the applicant was provided full administrc:it 1 \ L'  due process.

In view of the foregoing findings, the Board further concludes tha t  t i 1cre exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain ur IL hanged.

Attachment: Examiner's Brief