AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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PERSONAL APPEARANCE Xx RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING ae
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EXPIBITS SUBMITTED”
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL I'ILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
ISSUES A95.00 INDEX NUMBER A67.10
A01.00
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HEARING DATE CASE NUMBER
29 Apr 2010 FD-2008-00415
TT APONT SCE aN FDECSIONAL RATIONAL ERED TED ey ;
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.
TEN
TO:
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-2008-00415
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 brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.
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:
Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he would like to have his discharge upgraded so that he could attend college. The record
indicates the applicant received two Article 15s, two Letters of Reprimand, and two Records of Individual
Counseling for misconduct. His misconduct included being late for work, failure to show for mandatory
physical training (6x), failing dorm room inspections (2x), failure to go, violation of Liberty Card Program,
failing to stay awake while on post and found sleeping on post. The Board opined that through these
administrative actions, the applicant had ample opportunities to change his behavior. They found the
seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The
Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of
the discharge.
Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement that he understood he must
receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or
impropriety which would warrant an upgrade.
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 duc 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
AF | DRB | CY2010 | FD-2008-00530
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...
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FINDING: The Board denies the upgrade of the discharge. The record indicates the applicant received two Article 15s, three Letters of Reprimand, two Letters of Counseling and three Records of Individual Counseling. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE RECORD REVIEW "COUNSEL NAME OF COUNSEL AND OR ORGANIZATION Fe ADDRESS AND OR ORGANIZATION OF COUNSEL a ~~ | ee meses ose os foe qotEor TR ae | MEMBER SITTING HON GEN UOTHC OTHER DENY / xX*+ X*t+ et X*+ x*t ISSUES INDEX NUMBER A94.05 A67.10 Jes A9?2,21 1 Revere A93.11 2 |APPLICATION FOR REVIEW OF DISCHARGE a A93.07 3 [LETTER OF NOTIFICATION 4 | BRIEF...
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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. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING X*+ et x* + x* + x*+ SBE : : LE: Ey ee | ISSUES 95.00 INDEX NiMBER A49.00 = EXBIBITS SUBMITTED TO Ui ee A01.00 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...
AF | DRB | CY2010 | FD-2008-00553
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00553 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 Board finds that neither the evidence of record nor that provided...
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The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2010 | FD-2009-00133
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW >) COUNSEL °.."''| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL HON GEN “UO” THC OTHER X Xx x x x ISSUES A94 00 UNG A UVEEE A67 10 d ae a EXHIBITS SUBMITT ED TO THE THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...
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AF | DRB | CY2010 | FD-2008-00514
FINDING: The Board denies the upgrade of the discharge. Further, the requests for change of reason and authority for discharge, and change of reenlistment code are denied. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.