ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF COUNSEL AND OR ORGANIZATION
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AKSN/SSAN
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TYPE GEN PERSONAL APPEARANC X RECORD REVIEW
COUNSEL ~ en tanec tenteeeen
ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE.OF THE BOARD
MEMRER SITTING
HON GEN
UOTHC OTHER | DENY
ISSUES
A94.05
INDEX NUMBER
EXHIBITS SUBMITTED TO THE BOARD
A67.10
A94,55
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
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COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
11 Dec 2009
FD-2008-00594
Case heard in Washington, D.C.
application to the AFBCMR.
APPLICANT'S ISSUE'AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON:THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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.
rae OS Ee INDO RS EMENT on $= eT TATOO
TO; FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ve _ AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 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
ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2008-00594
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment
(RE) code.
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.
FINDINGS: The Board denies the upgrade of the discharge and change of 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.
ISSUE: The applicant contends discharge was inequitable because he was not given a chance to show his
full potential.
Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant
received two Article 15s, two Letters of Reprimand, and three Records of Individual Counseling for
misconduct. His misconduct included communicating a threat to injure an NCO, disrespect toward a
superior NCO, failure to complete CDCs within the required 30-days, failure to remain awake while on duly,
failure to follow safety guidelines, disregarding a direct order, failure to go at the time prescribed, missing a
mandatory formation, and failure to use Technical Order 35F3-20-1. 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 and the RE code
assigned were found to be appropriate.
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 | CY2010 | FD-2009-00163
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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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f 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-2009-00135 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. FINDING: The Board grants the requested relief, except the...
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE RECORD REVIEW "COUNSEL NAME OF COUNSEL AND OR ORGANIZATION Fe ADDRESS AND OR ORGANIZATION OF COUNSEL a ~~ | ee meses ose os foe qotEor TR ae | MEMBER SITTING HON GEN UOTHC OTHER DENY / xX*+ X*t+ et X*+ x*t ISSUES INDEX NUMBER A94.05 A67.10 Jes A9?2,21 1 Revere A93.11 2 |APPLICATION FOR REVIEW OF DISCHARGE a A93.07 3 [LETTER OF NOTIFICATION 4 | BRIEF...
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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 ~ | " ONGTE OF THE BOARD = ed Lai sae ae fs ay HON GEN | UOTHC OTHER DENY x x x ISSUES A93.23 INDEX NUMBER A67.90 “EXBIBITS SUBMIT EED TO THE BOARD A92,35 1 |ORDER APPOINTING THE BOARD _ A94.05 2_ [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...
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