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Decision Text

AF | DRB | CY2010 | FD-2009-00008
Original file (FD-2009-00008.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

TYPE GEN

 

   

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

  

 

PERSONAL APPEARANCE

 

 

NAME OF COUNSEL AND OR ORGANIZATION

AFSN/SSAN

 

x RECORD REVIEW

 

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TO:

SAF/MRBR

 

Case heard in Washington, DC.

 

 

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

MEMBER SITTING GEN UOTHC OTHER DENY
xX
x
x
xX
x
ISSUES ; TET
A92.01 INDEX NUMBER A67.90 ce
A93.33 1 ORDER APPOINTING THE BOARD
A94.05 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
19 Mar 2010 FD-2009-00008

 
   

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.

 

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MID 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00008

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.

FINDING: The Board denies the upgrade of the discharge.

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:

Issue 1,

The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct: Conduct
Prejudicial to Good Order and Discipline. Applicant contends discharge was inequitable because it was too
harsh in that he was railroaded out of the military by supervisors for mistakes that were not severe. The
applicant contends that he was given “reprimands” for lying when he had not and this was carried out by
supervisors who felt they would threaten his career if he fought the punishments. The records indicate the
applicant received three Records of Individual Counseling (RIC) for failing to take a scheduled photo shoot,
improperly taking passport photos of members in BDU shirts and failing to pay his Star Card in the amount
of $38 in a timely manner. In addition, he received two Letters of Reprimand (LOR) for making a false
statement with the intent to deceive an NCO and failing to go to his appointed place of duty at the appointed
time. The applicant also received an Article 15 for failing to go to his appointed place of duty at the
prescribed time, resulting in a suspended punishment and a vacation of the rank for communicating indecent
language to all members of the communications squadron via an e-mail. In response to all of the above
actions, the applicant either did not respond or apologized for his misconduct. In addition, he waived his
right to counsel and also waived his right to submit statements to the administrative discharge proceedings.

Issue 2.

The applicant also states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports
and other accomplishments. They found the seriousness of the willful misconduct offset any posilive aspects
of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons
which were the basis for this case.

CONCLUSION: 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 was 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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