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

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HON

GEN	UOTHC

OTHER	DENY

x

x x

ISSUES

A94.53

INDEX NUMBER

A67.10

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

26 Jan 2012	FD-2010-00416

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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 1llEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW 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-2010-00416	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review B9ard (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

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The record indicates the applicant received one Article 15, and four Letters of Reprimand.  His misconduct included violated squadron policy by having a disk player while on duty, failed to go to an appointment, took part in or made derogatory comments regarding homosexuals, failed to properly document AF Form 1975, and failed to obey a no contact order.   The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  The applicant stated he was told his discharge would
automatically be upgraded.  The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months.  While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge.  After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization, reason for the discharge or the reenlistment code.

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