AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC
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
xX
x
x
xX
x
ISSUES A94.53 INDEX NUMBER 67.30 EXHIBITS SUBMITTED.
1 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
01 Jul 2009 FD-2008-00225
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.
X — Upgrade, Reason for Discharge and Reenlistment Code
CIGNA TIRE Z RECORNER se a NATURE OF BOARD PRESIDENT, 1 #7 s? ra
INDORSEMENT DATE: 7/14/2009"
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 26762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00225
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 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, change of reason and authority for discharge, and change of
reenlistment code are 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 submitted no issues and requested that the review be completed based on the available service
record. The applicant does submit that he believes he deserves a second chance and would like to reenlist as
he would eventually like to become an officer. The applicant was discharged for commission of a serious
offense based on evidence that his infant daughter, who had been born prematurely, suffered serious abuse
while in the care of the applicant and his wife. The letter of reprimand received by the applicant noted that
the applicant had either caused the injuries or failed to get medical attention for the baby, who was obviously
in distress. 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 Board found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the
characterization, reason for discharge and the reenlistment code appropriate for the reasons which were the
basis for this case.
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
AF | DRB | CY2009 | FD2008-00198
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+ Reenlistment Code denied SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 APPLICANT'S ISSUE-AND THE BOARD'S DECISIONAL RATIONALE AREDISCUSSED ON THE ATTACHED FORCE DISCHARGE REVIEW. BOARD DECISIONAL RATIONALE; - ~~ Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an Names and votes will be made available to the applicant at the applicant’s request. FINDINGS: The Board grants the change of the...
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X = Upgrade, Reason for Discharge and Reenlistment Code a SIGNAPO RE OF RECORDER SIGNATURE OF BOARD PRESIDENT 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-2008-00231 GENERAL: The applicant appeals for upgrade of discharge...
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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. FINDING: The Board denies the upgrade of the discharge. The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months.
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OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTEOR-TIEE- BOARD HON GEN UOTHC / OTHER DENY x Xx x Xx L _| x | Issues SaaS NUMER rr = : “ED TO THE ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI BOARD 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 EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE...