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AF | DRB | CY2010 | FD-2008-00599
Original file (FD-2008-00599.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER _ FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE UOTHC PERSONAL APPEARANCE x RECORD REVIEW
_ | COUNSE! NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON
COL ROBERT J. MACDONALD x
WANDA R. LANGLEY x
LT COL JIMMIE J. DRUMMOND Xx
MSGT TERRY S. CLARK xX
LT COL KENNETH SHARRETT x
ISSUES 493.91 INDEXNUMBER 4 co gy "EXHIBITS SUBMITTED TO THE BOARD -
A94,55 A66.00 1_|ORDER 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 HEARING
HEARING DATE CASE NUMBER
17 Dec 2009 FD-2008-00599

 

 

 

   

: APPLICANT 'S ISSUE AND THE 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.

 

   

 

SIGNATURE OF RECORDER

 

 

    

KENNETH SHARRETT, LT COL, USAF

PRESIDE
le

ee ee INDORSEMENT Ue DATE: 1247/2009
10. 4 a
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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-2008-00599

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 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, change of reason and authority for 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 his discharge was inequitable because he was young and has learned from
his mistakes.

Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The applicant does
submit that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in the Air National Guard. The record indicated the applicant received four Letters of Reprimand.
His misconduct included underage drinking (2x), damage to government property, driving under the
influence, and using cocaine on two occasions. The applicant admitted to using the cocaine, but was not
prosecuted due to the lack of corroborating evidence. After review of the record, the Board found no
evidence to indicate that the applicant did not know right from wrong or that in his three years of service was
unaware of the Air Force policy of zero tolerance to drug use. The Board further found that through these
administrative actions, the applicant had ample opportunities to change his behavior. The Board concluded
the applicant’s misconduct was a significant departure from conduct expected of all military members. The
Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of
the discharge, to change the reason and authority for discharge, or to change the reenlistment code.

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

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