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AF | DRB | CY2010 | FD-2008-00394
Original file (FD-2008-00394.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

   
  
  

 

X PERSONAL APPEARANCE RECORD REVIEW

: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

[ _ VOTE OF THE BOARD
HON GEN UOTHC OTHER DENY

   

 

 

 

 

 

 

 

 

 

 

 

 
 

ISSUES A92.01 INDEX NUMBER

 

 

 

 

 

 

 

 

 

 

 

A67.10 sae
A92.15 1 |ORDER APPOINTING THE BOARD
A95.00 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
21 Jan 2010 FD-2008-00394

   
   

CANT’S ISSUE AND 1 |ARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARUE |

  

a

Case heard in Washington, D.C.

       

 

 

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.

X: Denial of upgrade of discharge, change of narrative reason and change of RE Code.

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

350 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-2008-00394

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge to Secretarial Authority, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 21 Jan 2010.

The following additional exhibits were submitted at the hearing:
Exhibit #6: Character Letter from Mr. A.D. Scroggins
Exhibit #7: Letter of Appreciation from Lt Col Baker

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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:

The applicant contends that his discharge was inequitable because the Air Force did not take into account the

good things he did while in the service because if it had, he would have received an honorable rather than a
general discharge. On the DD Form 293, the applicant asked that his discharge be changed to honorable and
that his clearance be reinstated. However, during the DRB hearing, the applicant acknowledged that security
clearance issues were not within the purview of the DRB.

The applicant was discharged under AFI 36-3208, Administration Separation of Airmen, paragraph 5.49,
Misconduct: Minor Disciplinary Infractions, with an under honorable conditions (general) discharge.
During his two years in the Air Force, the applicant received three Letters of Reprimand, a Letter of
Counseling and an Article 15 for offenses ranging from failure to go, sleeping through classes, departing his
duty station without authority, dereliction of duty by failing to include reference imagery mortars in his pre-
mission brief, and wrongfully traveling to a location while on leave that he was not authorized to do so.

The applicant contended that during his two years in the Air Force, he did a lot of volunteer work, was
involved in sports, a member of the Airman’s Council, and saved an airman’s life. The DRB took note of
the applicant's duty performance as documented by his performance report, letters of recommendation and
other accomplishments. However, the Board found that the applicant’s misconduct during his two years of
service outweighed the positive aspects of the applicant’s duty performance. The Board concluded the
discharge was appropriate for the reasons which were the basis for this case.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.
Attachment:
Examiner's Brief

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