AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE

x	RECORD  REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY

x x

ISSUES

A92.35 A94.55

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

19 Jan 2012	FD-2010-00389

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 REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2010-00389	

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

Applicant contends his discharge was inequitable because it was based on an isolated incident after 5 years of honorable service. The applicant's record showed several acts of misconduct extending over a period of almost 3 years.  The actions taken include 4 Records of Individual Counseling, 4 Letters of Counseling, and 2 Letters of Reprimand. Acts of misconduct included failing to go, failing to maintain dress standards, failing to perform, failing to go to duty on time. Finally, applicant received an Article 15 for intent to deceive by falsifying a document. 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.

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