AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL.
VOTE.OR THE BOARD
MEMBER SITTING HON GEN UOTHC OTHER DENY
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ISSUES © “A9 4.55 — A6TAN EXHTBITS SUBMITTED TO THE BOARD
1 ORDER APPOINTINGTHEBOARD _
2 |APPLICATION FOR REVIEW OF DISCHARGE
3. [LETTER OF NOTIFICATION aa
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-2008-00538
‘APPLICANT'S ISSUE-ANDTHE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE 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.
*Reason and Authority
+Reenlistment Code
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TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00538
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 bascd on the available service record.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
ISSUE: The applicant contends discharge was inequitable based on the fact that he was battling a back
injury that he was later awarded a disability rating of 20% by the Veterans Administration.
FINDINGS: The Board denies the upgrade of the discharge, to change the reason and authority for
discharge and to change the 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.
The applicant contends discharge was inequitable because the separation authority did not take into account
that he had a back injury that should have caused him to be medically discharged. The records indicated the
applicant received an Article 15, six Letters of Reprimand, and, three Records of Individual Counseling for
misconduct. His misconduct included failure to properly maintain tool control (2x), a domestic incident,
failure to follow a technical order (3x), failure to maintain control of his government travel card and PIN,
failure to properly repair a strake rid, specding on base, and failure to maintain his government quarters [AW
established inspection standards. The DRB opined that through these administrative actions, the applicant
had ample opportunities to change his negative behavior. The available medical record indicated that he had
a back injury. However, there is no indication within the available records that the injury warranted medical
separation. Further, the available service record indicated the applicant did not raise the back injury as a
matter to the separation authority. The Board concluded that the negative aspects of the applicant’s service
outweighed the positive contributions he made in his Air Force career.
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
AF | DRB | CY2015 | FD-2014-00538
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AF | DRB | CY2010 | FD-2009-00138
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW aida OUNSEL 0) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES X | VOTEOF THE BOARD [oie Samed a | out det adr ind HON GEN UOTHC OTHER DENY x x x X x ISSUES A94.05 INDEX NUMBER A67.30 EXHIBECS: SUBMITED: TO THE BOARD 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...
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