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AF | DRB | CY2010 | FD-2008-00535
Original file (FD-2008-00535.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

  
  

 

 

  

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB Pe
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
~— VOTE OF THEBOARD
MEMBER SEPTING HON GEN UOTHC | OTHER DENY
x
X
xX
x
xX
ISSUES A94.05 INDEX NUMBER A66.00 |. EXHIBITS SUBMITTED TO THE 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 HEARING

 

 

 

 

 

 

  
 
      

HEARING DATE CASE NUMBER

 

01 Dec 2009 FD-2008-00535
APPLICANT'S ISSUE AND THE BOARDS DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED Alb FORCE DISCHARUE REVIEW BOARD DECISIONAL RATIONALE.

 

 

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.

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TO: | FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
me . AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1438 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AMFB, 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-2008-00535

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.

The attached bricf 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 only had one incident in 30
months of service with no other adverse actions. The records indicated the applicant received two Article
15s for misconduct. His misconduct consisted of stealing an infant dress from AAFES and wrongful use of
marijuana. 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.

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

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