AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

x	PERSONAL APPEARANCE

RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY

X*+ X*+

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A92.35
A93.0l

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I	I
1kDEX NUMBER

A67. 10

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X*+

X*+ X*+

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

24 Aug 2012	FD-2010-00293

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.

*Narrative Reason and Authority
+RE Code

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

AFHQ FORM 0-2077, JAN 00

SECRETARY OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762·7001

(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2010-00293	

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.

IAW AFI 36-3213, the applicant was offered a personal appearance before the Discharge Review Board (DRB), however failed to make a timely response to the Board's notification of a scheduled hearing.
Therefore it has been deemed that the applicant has waived his right to a personal appearance and the DRB completed a review of the discharge based on the available service records.

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

FINDING:   The request for the upgrade of the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied.

ISSUE:  Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

Applicant contends discharge was inequitable because it was based on an isolated incident in twenty-six months of service.  Additionally, he states that immaturity contributed to his misconduct.  The records indicated the applicant received two Article l5s, and one Record of Individual Counseling.  His misconduct included failure to pay just debt, leaving base during restricted hours, with intent to deceive made a false statement to an OSI agent, assaulted a marine and assaulted an airman.  The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  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.

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