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Decision Text

AF | DRB | CY2010 | FD-2008-00472
Original file (FD-2008-00472.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

as _

 

   

TYPE GEN

 

PERSONAL APPEARANCE

xX RECORD REVIEW

 

 

   
 

SOOUNSEL

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

HON GEN UOTHC

OTHER

DENY

 

 

 

 

 

 

 

 

 

Xx

 

 

 

 

HEARING DATE

01 Dec 2009

     

 

 

 

CASE NUMBER

FD-2008-00472

 

Case heard in Washington, D.C.

ACBLICANT G ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED.ON. THE ATTAC

EXHIBITS SUBMITTED TO THE BOARD

 

 

x

 

 

ORDER APPOINTING THE BOARD

 

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

& | Hy |e

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

 

PERSONAL APPEARANCE

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

TAPE RECORDING OF PERSONAL APPEARANCE ITEARING

 

 

HED ALE FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

 

Names and votes will be made available to the applicant at the applicant’s request.

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.

 

TO:
SAF/MRBR

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

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-2008-00472

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 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:

Although not explicitly stated, applicant contends his discharge was inequitable because he only made one
mistake and his discharge was too harsh. The records indicated the applicant had a Special Court Martial for
being absent without leave for 37 days and possession of marijuana. He was punished with confinement for
six months, forfeiture of pay for 6 months, and reduction in grade to Airman Basic. The Board concluded
that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air
Force career. The characterization of the discharge received by the applicant was found to be appropriate.

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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