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AF | DRB | CY2009 | FD2008-00340
Original file (FD2008-00340.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

    
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AMN
TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW
OUNSE NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
Xx
x
l |
Xx
Xx
x
ISSUES A94.53 INDEX NUMBER A67.90 - EXH BN

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

29 Jul 2009 FD-2008-00340

 

 

 

 

   

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.

TIGNATIDE APDEPADAED  f 7 a CIONATIIDE AL DNADN SOLCINENT

 

 

 

 

 

 

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-2008-00340

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:

Applicant submitted no issues and review was completed based on the available service record. The
applicant states on his DD Form 293, medical and educational benefits. After review of the record, was
unable to find any evidence of impropriety or inequity in this case on which to base an upgrade of the
discharge. The record indicates the applicant received two (2) Article 15s and two (2) letters of reprimand.
His misconduct included failure to go, failure to obey an order or regulation, failing to adhere to trainee
responsibilities and absence without leave. The Board found the applicant’s misconduct willful and that
through these administrative actions, the applicant had ample opportunities to change his behavior. The
Board concluded the discharge characterization 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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