Search Decisions

Decision Text

AF | DRB | CY2009 | FD2008-00217
Original file (FD2008-00217.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
    

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
AMN
PERSONAL APPEARANCE X RECORD REVIEW
: | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
x
Xx
x
x
ISSUES A92.35 INDEX NUMBER A67.90 - ATUBTES SUB :
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
07 Jul 2009 FD-2008-00217

 

 

   

PS

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.

  
      

SIGNATURE OF RECORDER

SIGNATURE QF BOARD PRESIDENT
ee —

 

TO: FROM:

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

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00217

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 following additional exhibits were submitted at the hearing:
Exhibit #1: Applicant’s Contentions
Exhibit #2: Letter from
Exhibit #3: Letter from 5

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 the discharge was inequitable because the infractions were minor isolated incidents and
the misconduct was only brought into question during the last five months of his service. The applicant was
discharged for a pattern of misconduct, conduct prejudicial to good order and discipline, with a general,
under honorable conditions discharge. The records indicated the applicant received two Article 15s and a
Letter of Reprimand (LOR) during a five month period. The applicant received an LOR for an off-base
DUI, which resulted in a civilian conviction. He then received an Article 15 for violating a lawful order
issued by , revocation of driving privileges, by wrongfully driving on Minot AFB. He received his
second Article 15 a month later for making a false official statement to a Master Sergeant and for failing to
go to a scheduled appointment. The applicant was sent to in-patient treatment for alcohol dependence after
his DUI. He did not respond to his subsequent administrative discharge. The DRB opined that through
these administrative actions, the applicant had ample opportunities to change his negative behavior and
although the misconduct spanned a five-month period, 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-2008-00566

    Original file (FD-2008-00566.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN po AB TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW _ COUNSEL.) FINDING: The Board denies the upgrade of the discharge. AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, paragraph 3.8.1 states that commanders shall refer all service members for assessment when substance abuse is suspected to be a contributing factor in any incident, such as DUI.

  • AF | DRB | CY2011 | FD-2010-00270 (2)

    Original file (FD-2010-00270 (2).pdf) Auto-classification: Denied

    +Narrative Reason *Reenlistment Code 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-2010-00270 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to...

  • AF | DRB | CY2003 | FD2003-00217

    Original file (FD2003-00217.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) =e. AFHQ FORM 0-2077, JAN 00 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to honorable. (Change Discharge to Honorable) Issue 1: I feel I served enough time in service to recieve (sic) my MGIB.

  • AF | DRB | CY2003 | FD2002-0321

    Original file (FD2002-0321.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief FD2002-0321 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD agement, (Former A1C) (HGH A1C) 1. The commander recommends separation from the Air Force with a general discharge and that probation and rehabilitation should not be offered. (atch 1b) Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.

  • AF | DRB | CY2009 | FD2008-00218

    Original file (FD2008-00218.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AIC | PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL - MEMBER SITTING HON GEN UOTHC ~ DENY x xX x x L ___| _| | Xx IssvES 95.00 INDEX NUMBER A67.90 sana 1 JORDER 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...

  • 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 | CY2013 | FD-2013-00817

    Original file (FD-2013-00817.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVlCEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEX RECORDREVIEWAFSN/SSANADDRESSANDORORGANIZATIOl'.IOFCOUELMEMBERSIITING HON GEN UOTHCOTHERDENYxxISSIJE.5A92.0lINDEXNUMHRA67.101ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVLEWOFDISCHARGE3 LETTER OFNOTlFICATION4 BRIEFOFPERSONNELFILECOUNSEL'SRELEASE TOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER 27Mar2014...

  • AF | DRB | CY2015 | FD-2014-00263

    Original file (FD-2014-00263.rtf) Auto-classification: Denied

    GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereview becompleted basedontheavailable servicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.

  • AF | DRB | CY2007 | FD2007-00003

    Original file (FD2007-00003.pdf) Auto-classification: Denied

    MI) 20762-7W2 Previous edition will be used 1 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2007-00003 GENERAL: The applicant appeals for upgrade of discharge to honorable. The applicant received an Article 15 for disobeying a lawful order by driving on an Air Force installation while under suspended driving privileges and for fraudulently obtaining base housing. DAS: 21 Aug 03. b.

  • 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...