Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2008-00594
Original file (FD-2008-00594.pdf) Auto-classification: Denied
ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AKSN/SSAN
a ann |
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

 

em |b

 

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

Similar Decisions

  • AF | DRB | CY2010 | FD-2009-00163

    Original file (FD-2009-00163.pdf) Auto-classification: Denied

    AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW eumeey NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL a YES eee mneennermesnannanine ene emo TORR OME ROARD ee cy HON GEN UOTHC OTHER DENY x*+ xet X*t NF X*+ ISSUES 4g 4.95 INDEX NUMBER A67.10 So ‘EXHIBITS SUBMITTED TO THE,BOARD A02.03 1 ORDER APPOINTING THE BOARD _ 2 APPLICATION FOR REVIEW OF...

  • AF | DRB | CY2010 | FD-2009-00156

    Original file (FD-2009-00156.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 RECORD REVIEW COUNSEL NAME OF COUNSEL AND GR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE:BOARD MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x x SS ws 7 jl — ms mm Tr a 5 ms ae Tn ISSUES A93.19 INDEX NUMBER AG67.10 EXHIBITS SU MIL EES A93.23 1 |ORDER APPOINTING THEBOARD A94.05 2 APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER...

  • AF | DRB | CY2010 | FD-2008-00582

    Original file (FD-2008-00582.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN | PERSONAL APPEARANCE x RECORD REVIEW a] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL i el HON GEN UOTHC x x x x I anna) x ISSUES A94,05 INDEX NUMBER A67.10 ATO THE BOARD. 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 07 Jan 2010...

  • AF | DRB | CY2010 | FD-2008-00530

    Original file (FD-2008-00530.pdf) Auto-classification: Denied

    OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTEOR-TIEE- BOARD HON GEN UOTHC / OTHER DENY x Xx x Xx L _| x | Issues SaaS NUMER rr = : “ED TO THE ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI 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...

  • AF | DRB | CY2010 | FD-2009-00121

    Original file (FD-2009-00121.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. FINDING: Upgrade of the discharge, change of reason and authority for discharge and change of reenlistment code are denied. The Board highly recommends that if the applicant can provide additional documented information to substantiate his issue, he should consider exercising his right to make a personal...

  • AF | DRB | CY2010 | FD-2009-00138

    Original file (FD-2009-00138.pdf) Auto-classification: Denied

    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...

  • AF | DRB | CY2010 | FD-2009-00135

    Original file (FD-2009-00135.pdf) Auto-classification: Denied

    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...

  • AF | DRB | CY2010 | FD-2009-00037

    Original file (FD-2009-00037.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 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...

  • AF | DRB | CY2010 | FD-2009-00049

    Original file (FD-2009-00049.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 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...

  • AF | DRB | CY2010 | FD-2009-00115

    Original file (FD-2009-00115.pdf) Auto-classification: Denied

    FILE COUNSEL’S RELEASE TO THE BOARD PERSONAL APPEARANCE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ISSUES A93.01 INDEX NUMBER A93.01 A67.03 A00.29 HEARING DATE CASE NUMBER ° 24 Jun 2010 FD-2009-00115 Case heard in Washington, D.C. application to the AFBCMR. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.