Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2008-00580
Original file (FD-2008-00580.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 
    
 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL 4! NaME OF COUNSEL AND OR ORGANIZATION eT ADDRESS AND OR ORGANIZATION OF COUNSEL —
ee ee % VOTE OF THE moins 7
— HON GEN UOTHC | OTHER DENY
x
x
x
x
x
ISSUES A93.01 INDEX NUMBER A67.10 Pe a EXHIBITS SUBMITTED TO THE BOARD
1_|ORDER APPOINTING THE BOARD _
.2_| APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION a .
\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
13 Jan 2010 FD-2008-00580

 

 

 

      
    

oy

APPLICANT'S IS. ‘D AIR FORCE:DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
: Pat “is tea tn re Ca - BAe

  

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.

  

 

   

(TE: 1/15/2010"

 

 

 

 

 

TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE 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-2008-00580

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE: The applicant acknowledged that he had great leadership while in the Air Force, but he did not take
advantage of it. He stated that he was “young and very foolish for making mistakes,” which caused his
discharge. The applicant was discharged under AFI 36-3208, paragraph 5.49, Misconduct: Minor
Disciplinary Infractions. During his two years and three months of service, the applicant received three
Records of Individual Counseling (RICs), three Letters of Reprimand (LOR), an Armed Forces Traffic
Ticket and nonjudicial punishment (NJP) for offenses ranging from failure to go and dereliction of duty to
underage drinking.

The applicant did not raise any issue of inequity or impropriety; however he focused on his youth for making
foolish mistakes while in the Air Force. The DRB recognized the applicant was 20 years of age when most
of the misconduct took place; however, the applicant continually failed to adhere to Air Force standards
despite rehabilitative efforts by the Air Force. The Board reviewed the entire record and found no evidence
of impropriety or inequity in this case on which to base an upgrade of his discharge. The DRB concluded
that the characterization of the applicant’s discharge was appropriate due to the misconduct.

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

Similar Decisions

  • AF | DRB | CY2011 | FD-2010-00228

    Original file (FD-2010-00228.pdf) Auto-classification: Denied

    The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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 DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2010 | FD-2009-00149

    Original file (FD-2009-00149.pdf) Auto-classification: Denied

    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 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL OTHER DENY x x xX x x | ISSUES A931 I INDEX NUMBER A67.90 E ! 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. Applicant submitted...

  • AF | DRB | CY2010 | FD-2008-00330

    Original file (FD-2008-00330.pdf) Auto-classification: Denied

    A93.01 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIGF OF PERSONNEL FII.E __ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER , 10 Aug 2010 FD-2008-00330 s at HEANT S ISSUE ANI THE BOARD'S DECISIONAL Ky Case heard in Washington, D.C via video-teleconference from Randolph AFB, Texas. nen: AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535...

  • AF | DRB | CY2010 | FD-2010-00303

    Original file (FD-2010-00303.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX. Because member’ discharge file was unavailable to the Board for review, the Board was unable to conclusively ascertain the nature of misconduct on member’s part that formed the basis for the discharge. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2010 | FD-2009-00071

    Original file (FD-2009-00071.pdf) Auto-classification: Denied

    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. After a thorough review of his record, the Board determined there was no evidence he was immature or did not know right from wrong. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2013 | FD-2013-00492_13

    Original file (FD-2013-00492_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDX RECORDREVIEWADDRESSANDOR ORGANIZATIONOPCOUNSELA92.21A93.0lINDEXNUMBERHON GEN UOTl;IC OTHER 1 ORDERAPPOINTINGTHEBOARD2 APPLICATION FORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCE HEARINGHEARINGDAH CASENVMllER03Oct2013FD-2013-00492Caseheardin Washington,D.C.Adviseapplicantofthedecision oftheBoard,theright...

  • AF | DRB | CY2010 | FD-2009-00052

    Original file (FD-2009-00052.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL PERE es ce ee Oe HON GEN UOTHC OTHER DENY x xX INDEX NUMBER ISSUES 494.05 A67.10 HEARING DATE CASE NUMBER FD-2009-00052 application to the AFBCMR. AFHQ FORM 0-2077, JAN 00 (EF-V2) i SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535...

  • AF | DRB | CY2010 | FD-2008-00596

    Original file (FD-2008-00596.pdf) Auto-classification: 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. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

  • AF | DRB | CY2013 | FD-2013-00221_13

    Original file (FD-2013-00221_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORD ... • ' •• t ,,1,,1:I ' ST,FIRSTllDDLEINITIAL)GRADEAFSN/SSANPERSONAL APPEARANCENAMEOFCOUNSELANDORORGANIZA110NxADDRESSA. 'IDORORGANIZATIONOFCOllNSELGEN UOTHCOTHER DENY xxISSt1ESA92.21A93.0lINDEXNUMllEllA67.101ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCE HEARINGHEARINGDATE...

  • AF | DRB | CY2010 | FD-2010-00376

    Original file (FD-2010-00376.pdf) Auto-classification: Denied

    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 Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity...