Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00017
Original file (FD-2009-00017.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE AFSN/SSAN

 

 

TYPE GEN PERSONAL APPEARANCE

 

 

Xx qT RECORD REVIEW

 

x

  
 

. NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

Case heard in Washington, D.C.

application to the AFBCMR.

+Reenlistment Code

SAF/MRBR
350 C STREET WIUIST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

HON
of
X+
X+
xt
X+
z 7 ue if ee are " if TEA ne 4
ISSUES gga 17 INDEX NUMBER A84.00 EXHIBITS SUBMITT DLO.
A93.01 1 [ORDER APPOINTING THE BOARD
A01,.43 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
17 Mar 2010

 

 
 

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

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, MD 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00017

GENERAL: The applicant appeals for upgrade of discharge to honorable 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 and the change of reenlistment code is denied.

The Board finds the applicant submitted no issucs 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:

The applicant was discharged IAW AFI 36-3209, paragraph 3.13.2, Unsatisfactory Participation, with a
general discharge. Although the applicant did not submit any matters contending inequity or impropriety, he
requests an upgrade and change in the RE code so he can re-enlist in the military—asserting that “stupidity
of youth took toll.” The applicant also states that he was not able to complete his drills due to a lack of
money to travel to the base and because he was not getting paid by the military. The applicant concedes that
“being young, I did not know what to do and may not have thought things out.”

Upon review of the record, the Board was unable to find any documentation regarding the discharge. Due to
lack of evidence and supporting documentation to explain the discharge, the Board concludes that the
misconduct was a significant departure from the conduct expected of all military members. The Board relies
on the presumption of regularity and finds the characterization reason for discharge and the reenlistment
code were 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

Similar Decisions

  • AF | DRB | CY2010 | FD-2009-00126

    Original file (FD-2009-00126.pdf) Auto-classification: Denied

    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 (EE-V2)_ Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00126 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. FINDING: The Board denies the upgrade of the discharge, change of...

  • AF | DRB | CY2010 | FD-2009-00112

    Original file (FD-2009-00112.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 ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING X*+ et x* + x* + x*+ SBE : : LE: Ey ee | ISSUES 95.00 INDEX NiMBER A49.00 = EXBIBITS SUBMITTED TO Ui ee A01.00 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 | CY2010 | FD-2008-00530

    Original file (FD-2008-00530.pdf) Auto-classification: Denied

    OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTEOR-TIEE- BOARD HON GEN UOTHC / OTHER DENY x Xx x Xx L _| x | Issues SaaS NUMER rr = : “ED TO THE ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI BOARD 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...

  • AF | DRB | CY2010 | FD-2010-00328

    Original file (FD-2010-00328.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING x x , x t xX ISSUES A93.01 INDEX NUMBER A67.00 ee ee ; : ae 7 AE SURRY ae A01.43 1 |ORDER APPOINTING THE BOARD A92.01 2 |APPLICATION FOR REVIEW OF DISCHARGE A93.07 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...

  • AF | DRB | CY2011 | FD-2010-00127

    Original file (FD-2010-00127.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING i HON GEN UOTHC OTHER DENY X*+ X*+ X*+ X*+ ISSUES A94,53 INDEX NUMBER A62.00 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 | CY2010 | FD-2009-00190

    Original file (FD-2009-00190.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. FINDING: Upgrade of the discharge, change of reason and authority for discharge and change reenlistment code are denied. Applicant further stated he tried to clear up the issue with the Michigan ANG, but a couple of months had past and he was released from Michigan ANG.

  • AF | DRB | CY2013 | FD-2013-00282

    Original file (FD-2013-00282.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSN/SSAN TYPE HONPERSONALAPPEARANCE RECORD REVIEW NAMEOF COUNSELANDORORGANIZATIONADDRESSANDORORGANIZATIONOF COUNSEL UOTHC 00ORDERAPPOINTINGTHEBOARDAPPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRJEF OFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCE TAPERECORDING OFPERSONALAPPEARANCEHEARINGHEARING DATE CASENUMBER...

  • AF | DRB | CY2011 | FD-2010-00113

    Original file (FD-2010-00113.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. FINDING: The Board denies the upgrade of the discharge. Upon review of the record, the Board was unable to find any documentation regarding the discharge.

  • AF | DRB | CY2010 | FD-2010-00403

    Original file (FD-2010-00403.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “| o_/ TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN UOTHC | OTHER DENY i x | ; xX xX x 4 ISSUES A94.53 INDEX NUMBER A66.00 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...

  • AF | DRB | CY2010 | FD-2010-00417

    Original file (FD-2010-00417.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 x RECORD REVIEW z a BBE) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL RAT RI Tern HON GEN UOTHC OTHER DENY Xx x x : x X ‘SSUES A92.35 INDEX NUMBER 66.00 A92.01 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...