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AF | DRB | CY2010 | FD-2008-00365
Original file (FD-2008-00365.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE GEN PERSONAL APPEARANCE

 

  

 

ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

  
 

AFSN/SSAN

AMN

 

 

RECORD REVIEW

x

 

 

  

INSED HA] NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

OTHER

HON GEN UOTHC

 

 

 

 

 

 

ISSUES

A94,353

 

INDEX NUMBER

A67.10

  

| 7

 

 

 

 

 

ORDER APPOINTING THE BOARD -

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

Pm |e [to

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

FD-2008-00365

 

27 Aug 2009

application to the AFBCMR.

SAF/MRBR
530 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00

 

 

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.

 

(EF-V2)

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7(H}]

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp_998-00365

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
and requests that the review be completed based on the available service record. The attached bricf contains
available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propricty 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.

The evidence in the record indicates the following misconduct:

1. One (1) Article 15 for failure to obey an order or regulation (Article 92, UCMJ), specifically
reporting for duty; and a vacated suspended punishment for failure to obey an order or regulation,
specifically failing to maintain base housing as directed.

2. Three (3) Letters of Reprimand for leaving place of duty without authority (x2) and failure to turn in
CDC Volume 4 answer sheet as ordered.

ISSUES: Applicant submitted no issues regarding the inequity or impropriety of his/her discharge and no
additional information or evidence to support changing the characterization was submitted. The Board
opined that through the administrative actions received the applicant had ample opportunities to change his
behavior. The Board determined the applicant did have sufficient misconduct of such a nature to ear a
GENERAL discharge from the Air Force and therefore found the discharge 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 [ull administrative due process.

In view of the foregoing findings, the Board further concludes that there exists no Icgal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief

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