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

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x
x
x x

ISSUES

A94.55

INDEX NUMBER

A67.10 A50.00

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

16 Jun 2011	FD-2009-00699

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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/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.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

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

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00699	

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.

ISSUE:	Applicant received  a General  discharge  for Misconduct-Minor  disciplinary  Infractions  (Primary) and Failure in the Fitness Program (Secondary)

Applicant contends discharge was inequitable based on paragraph 5.65 and Table 1.3 of AFI 36-3208, Administrative Separation of Airmen, which states a member will receive an honorable discharge for failure in the fitness program.  Based on paragraph 5.66.2 of AFI 36-3208, the service of airmen discharged for not meeting fitness standards will be characterized as honorable if the sole reason for separation is failure to meet fitness standards.  His failure in the fitness program was the secondary reason for his discharge.  The applicant's primary reason for discharge was misconduct,  specifically minor disciplinary infractions. The records indicated the applicant received an Article 15, six Letters of Reprimand, and one Letter of Counseling. His misconduct included failure to maintain dorm room standards, failed to turn in Fitness Improvement Activity Log (AF Form 1475) (3x), failed fitness test (2x), signed AF Form 1475 in a area he was not authorized to sign, made a false official statement, and failed to go to duty on time.  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 the discharge regulation and was within the  discretion of the discharge authority and the applicant was provided full administrative due process.

Attachment: Examiner's Brief