Search Decisions

Decision Text

AF | DRB | CY2009 | FD2006-00403
Original file (FD2006-00403.pdf) Auto-classification: Denied
‘ AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

     
 

 

  

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
AMN
TYPE GEN |X | PERSONAL APPEARANCE RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION “| ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING oe a
HON GEN UOTHC OTHER DENY
Xx
T 7
X
r or
X
Xx
L | |
Xx
ISSUES A92.01 INDEX NUMBER A67.1 0
A94.05 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
18 Jun 2009 FD-2006-00403

0

     

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.

X=Change Reason and Authority and Reenlistment Code

a

 

“TO:

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

   

 

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2006-00403

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 to
exercise this right.

  

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

     
    
  
   
    
   
   
   
   
   
   
       
    
   
     
  

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

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:

  

Issue 1. Applicant contends discharge was inequitable because it was too harsh. She has expressed a desire
to have her discharge upgraded so that she may be eligible to reenlist into the armed forces. The records
indicated the applicant received an Article 15, three Letters of Reprimand, two Letters of Counseling, and
two Records of Individual Counseling for misconduct. Her misconduct included wrongfully possessing with
intent to deceive an instrument purporting to be an AF Form 73, Visitor/Vehicle Pass, failure to obey a
lawful order, failure to go (2x), traffic ticket, being late for work and arriving out of uniform, dereliction of
duty, and disrespect towards an NCO and members of the unit (2x). The DRB opined that through these
administrative actions, the applicant had ample opportunities to change her negative behavior. The Board
concluded that the negative aspects of the applicant’s service outweighed the positive contributions she made
in her Air Force career. The characterization of the discharge received by the applicant was found to be
appropriate.

  

Issue 2. Applicant states that her discharge did not take into account the good things she did while in the
service. The DRB took note of the applicant's duty performance as documented by her performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

 
 
   
    
   
 
   

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

  

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2010 | FD-2008-00403

    Original file (FD-2008-00403.pdf) Auto-classification: Denied

    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. FINDING: The Board denies the upgrade of the discharge. After a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in her three years of service she was unaware of the Air Force policy of zero tolerance to drug use.

  • AF | DRB | CY2010 | FD-2010-00403

    Original file (FD-2010-00403.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “| o_/ TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN UOTHC | OTHER DENY i x | ; xX xX x 4 ISSUES A94.53 INDEX NUMBER A66.00 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...

  • AF | DRB | CY2010 | FD-2009-00103

    Original file (FD-2009-00103.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN po AMN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW ks | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL me ae “VOTE OF THE BO cue Pepi eae tla ROR HON GEN UOTHC xX x x X ISSUES Ag 4 gs INDEX NUMBER A67.10 a SS TS SUB} ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...

  • AF | DRB | CY2009 | FD2007-00404

    Original file (FD2007-00404.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN = TYPE GEN | PERSONAL APPEARANCE 4 RECORD REVIEW 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL Bea oe MEMBER SITTING HON GEN uoTHC | OTHER | DENY — xX x x x x 7 =e ISSUES A92.01 INDEX NUMBER A67.10 ee : E t 94.05 1 |ORDER APPOINTING THE BOARD 2. The Board concluded that the negative aspects of the applicant’s service outweighed the positive...

  • AF | DRB | CY2010 | FD-2008-00595

    Original file (FD-2008-00595.pdf) Auto-classification: Denied

    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. FINDINGS: The Board denies the upgrade of the discharge and change of reenlistment code is denied. The basis for discharge was the CDC failures.

  • AF | DRB | CY2010 | FD-2010-00375

    Original file (FD-2010-00375.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW ' NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN uoTHC | OTHER DENY ISSUES A94.53 INDEX NUMBER A47.00 ee ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME...

  • AF | DRB | CY2011 | FD-2010-00036

    Original file (FD-2010-00036.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN PERSONAL APPEARANCE TYPE GEN | | x | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING GEN x Xx x x Xx ISSUES A94.05 INDEX NUMBER A67.10 es ] |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...

  • AF | DRB | CY2010 | FD-2009-00078

    Original file (FD-2009-00078.pdf) Auto-classification: Denied

    *Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES AIR FORCE DISCHARGE REVIEW BOARD §50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...

  • AF | DRB | CY2010 | FD-2009-00039

    Original file (FD-2009-00039.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL AFSN/SSAN ae MEMBER SITTING UOTHC OTHER DENY x x x x x aa — re a ; “SURMELTED GO ISSUES A95.00 INDEX NUMBER A49.00 ao as SUBMITTED £0. Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit...