AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES	A94.ll

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY
x x 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 RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NUMBER

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:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

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

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00756	

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 the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was improper because he was given the paperwork that led up to his discharge unjustly by	that allegedly was investigated for issuing Letters of Reprimand and Letters of Counseling to airmen. The record indicates that the applicant was discharged for Pattern of Misconduct­ Conduct Prejudicial to Good Order and Discipline. The applicant received two Article 15s, one vacated, four Letters of Reprimand, and one Letter of Counseling. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board also noted that out of these 8 administrative actions taken against the applicant for misconduct, only two were issued/signed by -The Board  concluded  that the negative  aspects of the applicant's  service outweighed  the positive contributions he made in his Air Force career. The Board 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