AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

GRADE	AFSN/SSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

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MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY

x x

ISSUES

A92.21 A93.01

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

HEARING  DATE	CASE NUMBER

07 Jun 2012	FD-2010-00387

Case heard in Washington, D.C.

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

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 REYIEW BOARD
1535 COMMAND 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-2010-00387	

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 received a General discharge for Misconduct - Minor Disciplinary Infractions.

Although not explicitly stated, applicant contends his discharge was inequitable because it was unnecessary and unwarranted. He submits he deserves a second chance despite his discrepancies because he has matured and has proven himself through his post service conduct. The record indicates the applicant received an Article 15 and three Letters of Reprimand (LORs) for misconduct. His misconduct included failure to go to an appointment, leaving work station .without authority, failure to go to duty, showing disrespect to a senior non-commissioned officer, and stealing military property. The applicant contends the second incident involving possession of a practice magazine was a miscarriage of justice, but there is no evidence the applicant responded to any of his LORs at the time of the incidents. As such, The Board opined that through the administrative actions taken, 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 DRB was pleased to see that the applicant was participating in the community and supporting his family since his discharge. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service. 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