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Decision Text

AF | DRB | CY2010 | FD-2008-00581
Original file (FD-2008-00581.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

    

AFSN/SSAN

   

AB

 

 

 

 

ISSUES A gs
A01.00

HEARING DATE

 

application to the AFBCMR.

 

 

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

INDEX NUMBER

A67.90

 

x RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

UOTHC

HON GEN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNE], FILE

alls —

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

CASE NUMBER

FD-2008-00381

AFHQ FORM 0-2077, JAN 00

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

Names and votes will be made available to the applicant at the applicant’s request.

ante

(EF-V2)

 

 

 

ae deny PATEL 3/2010 eee:

oe

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFS, MD 20762-7001

 

Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00581

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.

ISSUES:

The applicant submitted no issues regarding an inequity or impropriety of his discharge. The record
indicates the applicant received an Article 15, three Letters of Reprimand, and a Letter of Counseling for
misconduct. His misconduct included failure to meet training requirements, threatening another airman,
disobeying an order (2x), refusing to leave a truck for fear of being exposed to harmful radiation, and failure
to follow procedures in an exercise. The Board opined that through these administrative actions, the
applicant had ample opportunities to change his behavior. They found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance. 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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