Search Decisions

Decision Text

AF | DRB | CY2009 | FD2008-00192
Original file (FD2008-00192.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 X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBER SITTING HON GEN UOTHC | OTHER DENY
x
x
x
xX
xX
EXHIBITS:SUBMITTED.T:
ISSUES A92.35 INDEX NUMBER A67.30 ADE J
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
23 Jun 2009 FD-2008-00192

 

 

 

 

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

   

The applicant requested a personal appearance before the Discharge Review Board (DRB) and was scheduled for an appearance
on 23 June 2009 at Andrews AFB, Maryland, but he did not keep the appointment or call to reschedule. Therefore, his request for
upgrade was reviewed based upon the record and his submission.

Advise applicant of the decision of the Board 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.

   

DATE: 6/25/2009:

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-2008-00192

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews Air
Force Base, Maryland on 23 Jun 2009, but failed to appear or notify the board.

The following additional exhibits were submitted at the hearing:
Exhibit #1: Applicant’s Contentions

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 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 based solely on one isolated incident. He
contended that other than the one Article 15 for using his government credit card for unofficial purposes, he
had “no other incidents, no LORs, or Article 15s.” The records indicate the applicant received an Article 15
and one Letter of Reprimand.

The evidence indicates the applicant made numerous unauthorized charges on his government credit prior to
beginning his TDY. The applicant submitted additional evidence to substantiate the inequity of his
discharge, which showed that he claimed reimbursement for gas in the amounts of $455, $629, $291 and
$310 for 30-day periods of time—amounts that are in excess of what he would have been authorized for
official travel. In addition, one of the rental car receipts shows that the applicant not only upgraded his

rental car, charging the government $380, but put 6,747 miles on the rental car between 13 November 2005
and 20 December 2005.

In addition, the applicant received an LOR for test driving a Honda, informing the sales person that he would
return the car at 1730 that evening. He failed to return the car until 2 days later with the sticker removed and
268 additional miles on the odometer.

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

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2010 | FD-2008-00354

    Original file (FD-2008-00354.pdf) Auto-classification: Denied

    Names and votes will be made available to the applicant at the applicant’s request, * CHANGE RE CODE + CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 Case heard via videoteleconference between Andrews AFB, Maryland and Robins AFB, Georgia on 13 April 2010. f SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, FE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN...

  • AF | DRB | CY2010 | FD-2009-00177

    Original file (FD-2009-00177.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge and change of reason and authority for discharge, and change of reenlistment code are denied. Issue 2, Applicant contends the Board should take into account his post-service activities. However, the DRB opined that there was no relationship between the applicant’s illness and his misconduct and concluded the characterization of the discharge received by the applicant was appropriate.

  • AF | DRB | CY2010 | FD-2008-00588

    Original file (FD-2008-00588.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Pe AMN P| TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW . 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 DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct, especially his unlawful...

  • AF | DRB | CY2011 | FD-2009-00096_Redacted

    X ~ Reason and Authority and Reenlistment Code enn ORSEMENT DATE: 2010 70: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL SAF/MRBR 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 MEMRER SITTING HON GEN UOTHC OTHER DENY Xx Xx X Xx x ISSUES A94.05 INDEX NUMBER A67.10 : - 1 JORDER APPOINTING THE BOARD 2 {APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...

  • AF | DRB | CY2010 | FD-2009-00002

    Original file (FD-2009-00002.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. 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. 8 Jul 04: LOR for failure to go.

  • AF | DRB | CY2006 | FD2004-00283

    Original file (FD2004-00283.pdf) Auto-classification: Denied

    ee ANDORSEMENT DATE: 1262006 a nna i en a pene s 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 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2004-00283 GENERAL: The applicant appeals for an upgrade of his discharge to honorable. Therefore, with the...

  • AF | DRB | CY2010 | FD-2008-00455

    Original file (FD-2008-00455.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1536 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-2008-00455 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge. ...

  • AF | DRB | CY2010 | FD-2009-00008

    Original file (FD-2009-00008.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD TYPE GEN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TO: SAF/MRBR Case heard in Washington, DC. FINDING: The Board denies the upgrade of the discharge. ISSUE: Issue 1, The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.

  • AF | DRB | CY2003 | FD2003-00370

    Original file (FD2003-00370.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2003~-00370 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) MISSING MEDICAL RECORDS 1. discharge. (Atch 1.3) d. On 1 April 01, you operated a vehicle in a reckless manner and having been restricted to the limits of Edwards AFB, broke restriction, as evidenced by an AF Form 3070 (Article 15) dated 5 Jun 01.

  • AF | DRB | CY2010 | FD-2009-00073

    Original file (FD-2009-00073.pdf) Auto-classification: Denied

    EC LEEREe Ne ———— rites DATED 8/3/2010 FROM: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND OR, FE WING, IRD 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-2009-00073 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. FINDING: The Board denies...