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AF | DRB | CY2010 | FD-2008-00533
Original file (FD-2008-00533.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

  
 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION : ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

HON

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

7 EXHBILS SUB TOTHEBOARD
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

ISSUES INDEX NUMBER
A92.35

A94.05

 

A67.10

 

 

 

ete [|

 

 

 

 

HEARING DATE CASE NUMBER

07 Jan 2010 FD-2008-00533
ORPRLICANT: ; RATIONALE ARE DSCUaS TACHIOD AIRFORCE DISCHARGE

 

 

 

    
 

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.

  

 

 

 

foe peer DATE:, 3/11/2010
: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SBME i ae AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, KE 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-2008-00533

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:

Applicant contends discharge was inequitable because it was too harsh. He further contends that his service
was otherwise honorable with the exception of a few minor infractions. The records indicated the applicant
received two Article 15s for misconduct. His misconduct consisted of being derelict in the performance of
his duties by failing to remain in a position so as to keep accountability of all personnel for which he was
responsible, failed to maintain positive control of his Land Mobile Radio and failure to go. The DRB opined
that through these administrative actions, the applicant had ample opportunities to change his negative
behavior. 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.

The Board highly recommends that if the applicant can provide additional documented information to
substantiate his issue(s), that he should consider exercising their right to make a personal appearance before
the Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with
factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any
contributions to the community.

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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