Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2008-00600
Original file (FD-2008-00600.pdf) Auto-classification: Denied
ATR 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
VOTE OF THE BOARD
HON GEN UOTHC OTHER DENY
xX
xX
Xx
Xx
aon vee Xx
ISSUES A94.53 INDEX NUMBER A66.00 : EXHIBITS SUBMITTED TO THE BOARD
1 JORDER APPOINTING TELE 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
13 Jan 2010 FD-2008-00600

 

 

 

APPLICANT'S ISSUE,AND:THE BOARDS DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOART) 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.

i rere

 

 

 

 

Tor STOTT fp eee ape a 90 ET—— TOR SE MENT See rm rmnnnans DATED VIS 5
Se PRONE RSONNEL COUNCIL
3 ATF SECRETARY OF THE AIR FORCE PERS
SAT/MRBR ae AIR FORCE DISCHARGE REVIEW BOARD
330 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-2008-00600

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.
FINDINGS: 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: (From the DD Form 293) The applicant contends discharge was inequitable based on the
following reason.

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant states
that during his nine months in the Air Force he made valuable friendships and learned valuable lessons. He
states he wants to “right this ship” and requests his discharge be upgraded. The record indicates the
applicant received an Article 15 for marijuana use on two occasions. Discharge for drug abuse is mandatory
in the Air Force unless the member can show they meet the seven retention criteria in AFI 36-3208. In this
case, the applicant did not attempt to show that he met such criteria. Based on the facts of this case, the
Board no evidence of impropriety or inequity to warrant an upgrade of the discharge.

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 | CY2009 | FD2008-00155

    Original file (FD2008-00155.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Pl AB a TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ‘VOTE OF THE BOARD MEMBER SITTING HON GEN UOTHC | OTHER DENY x x x xX xX _ EXHIBITS SUBMITTED:TO THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...

  • AF | DRB | CY2010 | FD-2010-00348

    Original file (FD-2010-00348.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: The Board denies the upgrade of the discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge.

  • AF | DRB | CY2010 | FD-2009-00188

    Original file (FD-2009-00188.pdf) Auto-classification: Denied

    VOTE OF THE BOARD iis MEMBER SITTING | HON | GEN UOTHC OTHER | DENY x x x xX - T x 2 5, se * r NAT a TEES Te rary LT ISSUES A95.00 INDEX NUMBER A67.00 oo : EXTIEBITS SUBMITTED TO THE BOARD ds A92,21 1 [ORDER APPOINTING THE BOARD A01.00 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION ; 4 |BRIRF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD | ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PFRSONAL APPEARANCE ‘TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE : CASE...

  • AF | DRB | CY2010 | FD-2009-00191

    Original file (FD-2009-00191.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: The Board denies the upgrade of the discharge. The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months.

  • 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...

  • AF | DRB | CY2009 | FD2008-00278

    Original file (FD2008-00278.pdf) Auto-classification: Denied

    SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 X — Upgrade, Reason for Discharge, Reenlistment Code 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. FINDINGS: Upgrade of discharge, change reason for discharge and change of the reenlistment code are denied. The Board finds that neither the evidence of record...

  • AF | DRB | CY2009 | FD2008-00270

    Original file (FD2008-00270.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 og ;| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC | OTHER DENY xX x x x Xx ISSUES A92.35 INDEX NUMBER A67.30 baci a et ete ed A92.01 1_|ORDER APPOINTING THE BOARD 2 ) APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...

  • 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-2008-00597

    Original file (FD-2008-00597.pdf) Auto-classification: Denied

    [LETTER OF NOTIFICATION ee 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 19 Feb 2010 FD-2008-00597 SSSUE AND a cae Case heard i in Washington, D.C, FORGE PGES. 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:...

  • AF | DRB | CY2010 | FD-2008-00472

    Original file (FD-2008-00472.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN as _ TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW SOOUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL HON GEN UOTHC OTHER DENY Xx HEARING DATE 01 Dec 2009 CASE NUMBER FD-2008-00472 Case heard in Washington, D.C. ACBLICANT G ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED.ON. THE ATTAC EXHIBITS SUBMITTED TO THE BOARD x ORDER APPOINTING...