Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00014
Original file (FD-2009-00014.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

 

TYPE GEN A 4 RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

Xa

 

 

X#+

 

KHL

 

 

 

 

 

 

 

ISSUES A94.05 INDEX NUMBER A67.10

 

 

 

1

2 |APPLICATION FOR REVIEW OF DISCIIARGE
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 Mar 2010 FD-2009-00014
APPLICANT 9 188 PER BOARD'S, DE EOHALEAY ARE 0 BD ON Tie Di ROE 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.

*Reason and Authority
+ Reenlistment Code

 

  

c

 
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

SAF/ MRBR cee oc oveene AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1438 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-2009-00014

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.

FINDING: 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:

Applicant contends discharge was inequitable because it was too harsh and he was harassed by his superiors
and peers. He has expressed a desire to have his discharge upgraded so that he may be eligible to reenlist
into the armed forces. The records indicated the applicant received an Article 15, three Letters of
Reprimand, and three Letters of Counseling for misconduct. His misconduct consisted of failure to maintain
the office cell phone on his person at all times during the duty day, missed formation, making a false official
statement (2x), failure to go, and dereliction of duty. The DRB opined that through these administrative
actions, the applicant had ample opportunities to change his negative behavior. The Board concluded that
the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air
Force career. The characterization of the discharge received by the applicant was found to be appropriate.

The Board highly recommends that if the applicant can provide additional documented information to
substantiate his issue(s), he should consider exercising his right to make a personal appearance before the
Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual
evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any
contributions to the community.

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

Similar Decisions

  • AF | DRB | CY2010 | FD-2008-00545

    Original file (FD-2008-00545.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN | PERSONAL APPEARANCE X RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL AFSN/SSAN NAME OF COUNSEL AND OR ORGANIZATION VOTE OF MEBs GEN UOTHC OTHER DENY _ EXHIBITS SUBM ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL. FINDING: The Board denies the upgrade of the discharge. The Board finds that neither the evidence of...

  • AF | DRB | CY2010 | FD-2009-00143

    Original file (FD-2009-00143.pdf) Auto-classification: Denied

    A94,05 ORDER APPOINTING THE BOARD APPLICATION OR REVIEW OF DISCHARGE LETTER OF NOTIFICATION alee [=] 5 {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 24 Jun 2010 ¥D-2009-001 43 PAP RUIC ANTS [S80 AND THE BOARD'S DECISIONAL RATION ALE ARE DISCUSSED ON JHEATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONALRATIONAEB Geos: CASE NUMBER Case heard in Washington,...

  • AF | DRB | CY2010 | FD-2008-00533

    Original file (FD-2008-00533.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 concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board highly recommends that if the applicant can provide additional documented information to substantiate his issue(s), that he should consider exercising their...

  • AF | DRB | CY2009 | FD2008-00181

    Original file (FD2008-00181.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN atc |__| x RECORD REVIEW ;] NAME OF COUNSEL AND OR ORGANIZATION a ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING OTHER DENY | x Xx x x Xx ISSUES 45 99 INDEX NUMBER A67.90 HEB A92.21 1 |ORDER APPOINTING THE BOARD A01.00 2 |APPLICATION FOR REVIEW OF DISCHARGE 13 | LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...

  • AF | DRB | CY2009 | FD2008-00183

    Original file (FD2008-00183.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 xX RECORD REVIEW :| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No xX MEMBER SITTING . 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. The Board concluded that the negative aspects of the...

  • AF | DRB | CY2009 | FD2008-00228

    Original file (FD2008-00228.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN 4 | TYPE GEN | PERSONAL APPEARANCE X | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON "GEN UOTHC | OTHER DENY X*+ X*+ xX X*+ ISSUES A93.01 INDEX NUMBER A67.90 2 A94,05 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...

  • AF | DRB | CY2011 | FD-2008-00555

    Original file (FD-2008-00555.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN TYPE xX PERSONAL APPEARANCE RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY x x x x T x “ISSUES 494.55 PUERBUMER = A671 A13.00 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...

  • AF | DRB | CY2009 | FD2008-00471

    Original file (FD2008-00471.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AIC TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL The American Legion . ~ see ee ees MEMBER SITTING HON GEN UOTHC OTHER DENY X*+ L — _ | —__| [ xt X*t+ X*+ ISSUES A94.05 INDEX NUMBER A67.10 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION (a BRIEF OF...

  • AF | DRB | CY2013 | FD-2013-00268_13

    Original file (FD-2013-00268_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...

  • AF | DRB | CY2010 | FD-2008-00423

    Original file (FD-2008-00423.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge and change of reenlistment code. The record indicates the applicant received a General discharge from the Iowa Air National Guard for unsatisfactory participation. Upon review of the record, the Board found Special Order AA-187, dated 31 May 1994, which indicated the applicant was discharged from the Iowa National Guard with a General service characterization under provisions of ANGR 39-10,...