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
pear oue: x NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES N
= The American Legion Queen Baker 1608 K Street NW Washington DC
xX 20006
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
x
x
xX
ISSUES A94.05 INDEX NUMBER A67.30 | EAD SUB)
1 |ORDER APPOINTING THE
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
29 Jul 2009 FD-2008-00109
“re =
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.
IGNATUREOFRECORDER. J Of SIGNATURE OF BOARD PRESIDENT fi
(
(
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-2008-00109
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 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 is denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE:
Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant
received a discharge for misconduct. No specific evidence of the misconduct or rationale was discovered
during the record review. Although the applicant did suggest that the commander, at the time, was acting
with regard to race in an unfair manner; however, no specific support to that end was submitted by the
applicant. The DRB opined that through presumption of regularity that no impropriety or inequity occurred
in this case based on the records and submissions.
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
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