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 NAME OF COUNSEL AND OR ORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES A95.00 INDEX NUMBER A67.9 0 & § SL BMITTED TO THE BOARD. ee : a
A01.00 _JORDER APPOINTING THE BOARD
A93.21 APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
| PERSONA. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
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HEARING DATE CASE NUMBER
FD-2009-00021
USSED ON THE ATTACHED ATR FORC
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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.
“DATE: 3/18/2010
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FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: : ean a AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3R0 FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (ER-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 5999-00021
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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.
ISSUE: The applicant contends discharge was improper due to his medical condition which caused him to
pass out and not wake up for hours and all of his misconduct was related to his medical condition. The
records indicated the applicant received one Article 15, four Letters of Reprimand (LOR), one Letter of
Counseling (LOC), and numerous verbal counseling’s. Following a review of applicant’s medical. records,
the DRB noted a Health History Questions/Interval History (SF Form 507) dated April 27, 2006 where the
member answered “NO” to the following questions: “Have you recently had any medical problems or
symptoms that bother you?” and “To the best of my knowledge, NO/NO OTHER significant medical or
surgical history has occurred since my Jast examination.” Prior to this date, member had received two LORs
and one LOC for reporting late for duty and physical training. Further, the applicant did not provide
responses to any of the disciplinary actions taken by his chain of command, nor did he provide a response to
his referral Enlisted Performance Report (EPR) to explain the medical condition which caused him to not
report to duty and miss scheduled appointments. The DRB opined that through these administrative actions,
the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant’s
misconduct was a significant departure from conduct expected of all military members. Based on a thorough
review of applicant’s medical and personnel records, the Board did not find a matter of inequity or
impropriety which would warrant an upgrade. The Board concluded the misconduct was a significant
departure from conduct expected of all military members. 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
AF | DRB | CY2003 | FD2002-0503
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0503 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For this, you received an LOR on 24 Mar 00. e. You did, at or near Ellsworth AFB, South Dakota, on or about 13 Mar 00, unlawfully strike AIC epeatedly on his face and body with your fists and repeatedly on his head with your head. Supporting documents a. LOC- 15 Aug 98 b. LOR - 13 Aug 99 c. LOR —2 Mar 00 d. LOR — 24 Mar 00 e. Article 15 -21 Apr 00 2.
AF | DRB | CY2002 | FD2002-0229
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0229 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an...
AF | DRB | CY2003 | FD2003-00089
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | py93_o989 GENERAL: The applicant appeals for upgrade of discharge to Honorable. This is evidenced by a Letter of Reprimand (LOR), dated 29 Jul 98. e. On 24 Aug 98, you were late for a Y2K meeting. You must report to 12 MSS/DPMARS (Separations) within 24 hours of this notification.
AF | DRB | CY2003 | FD2002-0453
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0453 GENERAL: The applicant appeals for upgrade of discharge to Honorable. AETC Form 173, 8 Apr 02 . AETC Form 173, 5 Apr 02 .
AF | DRB | CY2011 | FD-2009-00095_Redacted
It concluded the discharge was appropriate for the reason which was the basis for this case and that the characterization of the discharge received by the applicant was appropriate. The evidence clearly establishes ‘is not capable of continuing service in the United States Air Force: ° A record during this enlistment, which started on 28 November ; under honorable conditions (general) service characterization. 4, Respondent’s Military Record: The respondent has been on continuous active...
AF | DRB | CY2002 | FD2002-0449
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | A ie TYPE Be, PERSONAL APPEARANCE X RECORD REVIEW "COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO X | VOTE OF: THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY xX X X L 1 xX —
AF | DRB | CY2010 | FD-2009-00002
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 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. 8 Jul 04: LOR for failure to go.
AF | DRB | CY2003 | FD2003-00365
The characterization of the discharge received by the applicant was found to be appropriate. SERVICE UNDER REVIEW: a. Enlisted as AB 8 Jun 92 for 4 yrs. As a result, you received a Letter of Counseling (LOC), dated 24 Jan 94.
AF | DRB | CY2003 | FD2003-00103
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0103 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For this misconduct you received an LOR on 24 Apr 02. f. You did, at or near Sheppard AFB TX, on or about 23 Apr 02, fail to go at the time prescribe to your appointed place of duty, to wit: Physical Conditioning (PC). For this misconduct you received an AF Form 174, Record of Individual Counseling, on 17 Dec 01.
AF | DRB | CY2003 | FD2003-00030
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0030 GENERAL: The applicant appeals for upgrade of discharge to Honorable. He also received five Records of Individual Counseling for being late for work (5 times), violation of appearance standards, and for refusal to perform assigned duty and for being disrespectful. RIC, 03 SEP 87 - Refusal to perform assigned duty and disrespectful.