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AF | DRB | CY2010 | FD-2008-00514
Original file (FD-2008-00514.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE AFSN/SSAN

 

 

 
  

 

PERSONAL APPEARANCE

RECORD REVIEW

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES

A01.39
A94.55

INDEX NUMBER

A67.10

 

  

_ ESHIBITS SU DTOTHEROARD

 

ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

pte be fe

 

COUNSEL’S RELEASE TO THF BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE

28 Jan 2010
~TRSEL

 

  
 

  

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*Reason and Authority
+Reenlistment Code

SAF/MRBR

 

Case heard in Washington, D.C.

CASE NUMBER

FD-2008-00514

DECISIONAL RATIONALE ARE DISCUSSED ON"

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INDORSEMENT™::

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

 

 

 

 

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.

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 35RD 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-2008-00514

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 28 Jan 2010.

The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions

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. Further, the requests for change of reason and
authority for discharge, and change of reenlistment code are denied.

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 was discharged under AFI 36-3208, paragraph 5.49 (Minor Disciplinary Infractions). The
applicant contends discharge was inequitable because he was not well represented. The records indicated the
applicant received two Article 15s, a Vacation Action, and a Letter of Reprimand for misconduct. His
misconduct included failure to show for a scheduled dental appointment and failure to show on time for
guard mount, insubordination to a superior officer, and insubordination to a superior non-commissioned
officer while deployed at Ali Al Salem AB, Kuwait. The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The Board opined that the

| fact the applicant was not pleased with the outcome of his discharge did not mean he was inadequately
represented. The applicant admitted that he committed the offenses and thought he would be discharged
before he returned from his deployment. The applicant further indicated he met with an area defense counsel
and a review of his discharge paperwork indicated that he was fully advised of his rights, acknowledged his
rights, and did not provide a response to the discharge notification. The Board concluded that the negative
aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The
Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of
the discharge.

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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