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AF | DRB | CY2009 | FD2008-00166
Original file (FD2008-00166.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
FY SRA pe
PERSONAL APPEARANCE 4 RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBER SITTING HON GEN UOTHC | OTHER DENY
x
xX
x
x
xX
EXHIBITS SUBMITTED TO: THE BOARD
ISSUES A94.53 INDEX NUMBER A67.30 EXHIBI I 'O: THE BOARD
J |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

30 Jun 2009 FD-2008-00166

APPLICANT’S ISSUE AND THE BOARD’S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

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.

1 FF BOARD PRESIDENT

INDORSEMENT DATE: 7/7/2009
I TO: FROM:
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-2008-00166

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:

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. However, the
Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to
base an upgrade of the discharge. The record indicates the applicant received a general court-martial
conviction for wrongful appropriation of government computers, among other offenses. The serious nature
of the offenses for which the applicant was court-martialed offset any positive aspects of the applicant's duty
performance. The Board concluded the characterization of the applicant’s discharge was 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief

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