AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME O.F SERVICE M  MHER (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD  REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY

X*+ X*+ X*+
X*+

ISSUES		A92.21 A93.0l A94.55

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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 EXIDBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

26 Jan 2012	FD-2010-00441
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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.

*Narrative Reason and Authority
+RE Code

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78!50-4742

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-2010-00441	

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.

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 request for the upgrade of the discharge, to change the 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 inappropriate for his offenses.   The records indicated the applicant received one Article 15 and five Letters of Reprimand. His misconduct included failure to go to duty on time (4x) and slept on duty (2x).  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.

The DRB was pleased to see that the applicant was doing well, has a good job and received a college degree. 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.

Additionally, applicant contends that the he was immature at the time of discharge.  The DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no evidence he was  immature or did not know right from wrong.  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 DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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