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AF | DRB | CY2010 | FD-2009-00025
Original file (FD-2009-00025.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

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af OUINS Bhs |] NAME OF COUNSEL AND OR ORGANIZATION

   

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APELICANT’S issu

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AND THE BOARD'S DECISIONAL RATIONALE Al ‘DISCUSSED ON THE ATTACHED AIR FORCE

   

Case heard in Washington, D.C.

application to the AFBCMR.

 

TO:

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

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

 

 

 

 

DISCHARGE REVIEW BOARD DECISIONAL BAT ONALE. ne
He. Co C a

  

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 0K, RE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

OF THE BO oo
MEMBER SITTING HON GEN voTHc | OTHER | DENY
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SUES 4g) 18 INDEX NUMBER A67.10 EXHIBITS SUBMITTED TO T HE BOARD. sian .
A95.00 ] JORDER APPOINTING THE BOARD __
A92,21 2 [APPLICATION FOR REVIEW OF DISCHARGE
A01.00 3 |LETTER OF NOTIFICATION -
|4 |8RKIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAT. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
29 Apr 2010 FD-2009-00025

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

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00025

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. Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The
record indicates the applicant received two Article 15s, four Letters of Reprimand, a Letter of Counseling
and a Record of Individual Counseling. His misconduct included failure to report (3x), dereliction in the
performance of his duty, writing bad checks, failure to obey, failure to properly use his government travel
card, purchasing/delivering alcoholic beverages to person under the age of 21, failure to go, and making a
false official statement. The Board opined that through these administrative actions, the applicant had ample
opportunities to change his behavior. They found the seriousness of the willful misconduct offset any
positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no
evidence of impropriety or inequity to warrant an upgrade of the discharge.

Issue 2. Applicant 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,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

Issue 3. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 4. The applicant cited his desire to reccive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he signed a statement that he understood he must
receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to
the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or
impropriety which would warrant an upgrade.

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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