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AF | DRB | CY2010 | FD-2008-00463
Original file (FD-2008-00463.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   
 

     

AFSN/SSAN

 
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

 

 

TYPE GEN | PERSONAL APPEARANCE x | RECORD REVIEW
: CO! / NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

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HON GEN UOTHC OTHER
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ISSUES A95.00 INDEX NUMBER A67.10 a EXTUBIT SSUBMITTED tO "TE (RD me
A93.11 1 ORDER APPOINTING THE BOARD _
A01.00 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
27 May 2010 FD-2008-00463
2 APPEICANY’S ISSUE ANDTHE BOARDS DECISIONS IONATE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAR
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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.

*Reason and Authority
+Reenlistment Code

 

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TO: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SAF/MRBR se uuseee 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-2008-00463

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
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.

FINDINGS: 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.

ISSUES:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he was having financial difficulties and has since paid his bills. He has expressed a desire
to have his discharge upgraded so that he may be eligible to reenlist into the United States Air Force
Reserve. The record indicates the applicant received five Letters of Reprimand, two Letters of Counseling
and two Records of Individual Counseling. His misconduct included failure to pay for a video game and

repeatedly lied to his supervisor, wrote an insufficient funds check, failure to go (3x), neglected his daughter
by failing to take her for medical appointments, making a false official statement, and failure to complete
UPRG audit. 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.1. Bill benefits as justification for upgrade. ‘The DRB
noted that when the applicant applied for these benefits, 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.

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 the applicant 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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