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AF | DRB | CY2010 | FD-2009-00016
Original file (FD-2009-00016.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

   
 
 
   
 

 

 

 

 

 

 

   

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL” "| aM OF COUNSEL ANDOR ORGANIZATION - ADDRESS AND OR ORGANIZATION OF COUNSEL
- OY GXOTE OF THE BOARD: c
HON GEN UOTHC OTHER DENY
— cra _ - =
Xx
x
x
x
x
ISSUES INDEX NUMBER ~ 7 G CESSIRITS SUBMITTED TO THE BOARD. Ta
A94.11 A67.90 - : Ai oe oe mS sett
1 {ORDER APPOINTING THE BOARD .
2 |APPLICATION FOR REVIEW OF DISCHARGE .
3 |LETTER OF NOTIFICATION .
4 | BRIEF OF PERSONNEL FILE .
COUNSEL’S RELEASE 10 THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
05 Aug 2010 FD-2009-00016

 

 

 
 
   

 
 
 
 
 

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ase heard in Washington, D.C.

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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.

rete er tH

.INDORSEMENT : : i : DAVE! 8/10/2010)
FROM:

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00016

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.

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.

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. Applicant infers his discharge was inequitable or improper because he “was treated unfairly during
the weeks and months preceding (his) discharge”. Applicant failed to provide evidence to support his
assertions and a thorough review of the records disclosed none. The records indicated the applicant received
three Article 15s, three Letters of Reprimand, and three Letters of Counseling. Additionally, applicant failed
to respond to any of these actions except the third Article 15; his appeal of that Article 15 was denied.
Finally, when recommended for administrative discharge, applicant was entitled to an Administrative
Discharge Board but unconditionally waived his right to that board. The DRB opined that through the
various administrative actions noted, 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.

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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