AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN
COUNSEL
PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD
MEMBER ITT a
ne HON GEN UOTHC OTHER DENY
xX
x
x
xX
xX
| oe ; 8 _ | .
ISSUES A93.01 INDEX NUMBER A84.00 EXHIBITS SUBMITTED TO THE BOARD
A94,55 1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 [LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL VILE
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-2009-00001
APPLICANT'S ISSUE-AND THE:BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE:ATTACHED AIR FORCEDISCHARGE 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.
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Seis ‘ INDORSEMENT. ee re
TO FROM:
SAE/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ee rere AIR FORCE DISCHARGE REVIEW BOARD
950 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-2009-00001
GENERAL: The applicant appeals for upgrade of discharge to general 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 and change of reenlistment code is denied.
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 immature at the
time of his discharge.
The essence of the applicant’s appeal is that he should not be penalized indefinitely for a mistake he made
when he was young. The records indicated the applicant failed to attend unit training assemblies on the
following dates: 18 — 19 November 1995, 4—5 December 1995, and 20 — 21 January 1996. The DRB
recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence
he did not know right from wrong. Additionally, after reviewing the records the DRB had, the DRB did not
find a valid reason for the applicant failing to report for duty. The Board opined the applicant was older than
the vast majority of first-term members who properly adhere to the Air Force’s standards of conduct. The
DRB concluded that the characterization of the applicant’s discharge and the reenlistment code were
appropriate due to the misconduct.
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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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.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN PERSONAL APPEARANCE - xX RECORD REVIEW eco a __ Te at oo NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL HON GEN UOTHC OTHER DENY X*+ e+ e+ xr Xa+ ISSUES A94.01 INDEX NUMBER A67.10 ea Nl ae A93.01 1 |ORDER APPOINTING THE BOARD __ 2 [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION . *Reason and Authority +Reenlistment Code SAF/MRBR SECRETARY OF...
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*Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES AIR FORCE DISCHARGE REVIEW BOARD §50 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-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...