Search Decisions

Decision Text

AF | DRB | CY2009 | FD2008-00152
Original file (FD2008-00152.pdf) Auto-classification: Denied
PERSONAL APPEARANCE

 

GRADE AFSN/SSAN

AIC S|

xX RECORD REVIEW

 

 

 
 

NAME OF COUNSEL AND OR ORGANIZATION

 

 

MEMBER SITTING

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

(eis [=

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

ISSUES 4g 35 INDEX NUMBER A67.90
HEARING DATE CASE NUMBER
10 Jul 2009 FD-2008-00152

 

 

Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

 

 

Names and votes will be made available to the applicant at the applicant’s request.

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2008-00152

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 scheduled for a personal appearance before the Discharge Review Board at Andrews Air
Force Base, Maryland, on 9 Jul 2009, but failed to appear or notify the board.

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:

Applicant contends discharge was inequitable because it was one isolated incident. The records indicated
the applicant received an Article 15, one Letter of Reprimand, and one Letter of Counseling. The Article 15
was for a domestic assault incident against his wife. Additionally, the applicant apparently assaulted his
wife a second time in September 2001, as evidenced by the Security Forces report. It appeared that this
second assault led to the applicant’s discharge. The Board noted that the applicant attended Anger
Management counseling following the first domestic assault incident. The DRB opined that through these
administrative actions and counseling, 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.

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, change of reason or authority, or change of RE code; thus the applicant's discharge
should not be changed.

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2010 | FD-2009-00152

    Original file (FD-2009-00152.pdf) Auto-classification: Denied

    2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO TILE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 14 Jul 2010 FD-2009-00152 ‘ABELICANT'S ISSUE AND THE BOARDS DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED ATR FORCE DING ree ee SS ae Biel nos LARGE BEVIEW-BOARG DECISION! The applicant was offered a personal appearance before the...

  • AF | DRB | CY2005 | FD2005-00157

    Original file (FD2005-00157.pdf) Auto-classification: Denied

    The records indicated the applicant received two Article 15s, one Letter of Reprimand, and three civilian police reports. b. Grade Status: Amn - 30 Mar 04 (Article 15, 30 Mar 04) c. Time Lost: 16 Mar 04 thru 15 May 04 (2 months 1 day) d. Art 15's: (1) 30 Mar 04, Cannon AFB, NM - Article 92. On or about 25 Feb 03, you violated a domestic violence order by forcing your way into your wife's house and yelling at her, as evidenced by a Police Report dated 25 Feb 03 and an Article 15 action...

  • AF | DRB | CY2004 | FD2004-00191

    Original file (FD2004-00191.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) MISSING DISCHARGE DOCUMENTS 1. SERVICE UNDER REVIEW: a. Enlisted as AB 31 Mar 99 for 6 yrs. (Change Discharge to Honorable) Issue 1: I would like to change my discharge from Honorable to General (sic) to enhance my education.

  • AF | DRB | CY2013 | FD-2013-00283_13

    Original file (FD-2013-00283_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDBEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINmAL)GRADEPERSONALAPPEARANCE x RECORDREVIEWADDRESSANDORORGANIZATIONOfCOUNSEL Drawn Shape (ignored-not implemented yet) MEMBERSI1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEAR.INCDATE CASENlJMBER19Jul2013...

  • AF | DRB | CY2010 | FD-2008-00408

    Original file (FD-2008-00408.pdf) Auto-classification: 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. He stated that the stress became too much and he decided to smoke marijuana, which his wife obtained for him at his request. While the applicant appeared to have otherwise good service during his time in the Air Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the standard...

  • AF | DRB | CY2010 | FD-2008-00404

    Original file (FD-2008-00404.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN a SRA _ TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ” VOTE OF THE BOARD : GEN UOTHC OTHER ‘DENY x x Xx Xx x | issues A203. 2~Ot*~*«

  • AF | DRB | CY2005 | FD2004-00479

    Original file (FD2004-00479.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2004-00479 GENERAL: The applicant appeals for upgrade of discharge to honorable. On 4 October 1996, you received an Article 15 for writing bad checks to the 39th Comptroller Squadron and a fellow member of your squadron, being drunk and disorderly, communicating a threat, assault consummated by a battery, simple assault, and assault with a dangerous weapon likely to produce grievous bodily harm, which punishment consisted...

  • AF | DRB | CY2010 | FD-2008-00553

    Original file (FD-2008-00553.pdf) Auto-classification: Denied

    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 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00553 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 Board finds that neither the evidence of record nor that provided...

  • AF | DRB | CY2010 | FD-2008-00512

    Original file (FD-2008-00512.pdf) Auto-classification: Denied

    |2 | APPLICATION FOR REVIEW OF DISCHARGE 3 \LETTER OF NOTIFICATION 4 | BRIEF OF PERSONNEL FILE COUNSEIL.’S RELEASE TO THE BOARD ADDITIONAI EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 20 May 2010 FD-2008-00512 oat PRICANT: 8 SUE AND THE BOARD'S DECISIONAL RATIONALY ql THB ATTACHED AIR FORCE: Tew. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS...

  • AF | DRB | CY2007 | FD2007-00020

    Original file (FD2007-00020.pdf) Auto-classification: Denied

    AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION O F COUNSEL ES No I - INDEX NUMBER A67.10 I 1 2 3 IEARINC DATE CASE NUMBER I I EXHIBITS SUBMlTTEQ TO THE BOAfW I I ORDER APPOINTWG THE BOARD APPI.ICA'I'ION FOR REVIEW OF DISCHARGE L.YTT'EK O F NO'I'IFICATION BRIEF OF PERSONNEL FILE PERSONAL APPEARANCE :4 May 2007 S P L I G S T ' S ISSUE AND THk BOARD'S DECISIONAL R4TlONAL ARE DISCUSSED ON TH6 ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2007-00020 I I I :ase heard in...