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Decision Text

AF | DRB | CY2010 | FD-2009-00006
Original file (FD-2009-00006.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

NAME OF COUNSEL AND OR ORGANIZATION
YES

MEMRER SITTING

 

 

ISSUES - A94.53 ] Innex NUMBER AOT.A 0
HEARING DATE CASE NUMBER
13 Jan 2010 FD-2009-00006

Case heard in Washington, D.C.

application to the AFBCMR.

 

Names and votes will be made available to the applicant at the applicant’s request.

cee
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

TYPE GEN | | PERSONAL APPEARANCE x

[|

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

 

(EF-V2)

 

GRADE AFSN/SSAN

AMN |
RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

HON GEN UOTHC OTHER DENY

 

 

 

 
 

 
   

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 HEARING

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00006

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: Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record
indicates that in nine months of service, the applicant received one Letter of Reprimand for wearing civilian
clothes outside the dormitory (while at tech training), one Letter of Reprimand for failure to complete a
homework assignment, and an Article 15 for failure to go (x2). The Board opined that through these
administrative actions, the applicant had ample opportunities to change his behavior. The Board reviewed
the entire record and found 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

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