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AF | DRB | CY2010 | FD-2009-00027
Original file (FD-2009-00027.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE

AB

AFSN/SSAN

 

 

 

 

 

 

TYPE GEN |x PERSONAL APPEARANCE RECORD REVIEW
og, COUNSEL t | NAME OF COUNSEL AND OR ORGANIZATION " ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBER SITTING

HON

_.¢ VOTE OF THE BOARD”
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GEN UOTHC oO THER DENY

 

 

 

 

 

 

 

 

MR

 

 

 

 

 

A94.06 EEENEMEEE 67.10

ISSUERS.

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“EXHIBITS: S| UBMITEED TO THE BOARD.

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

jp [ole le

LETTER OF NOTIFICATION
BRIBF 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

 

13 3 Apr 2010 ED 2007-00027

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY

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

 

 

 

 

   

Case heard i in n Washington, D. C. via video-teleconference with Robins AFB GA.

Advise applicant of the decision of the Board 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.

 

SECRETARY OF THE AER FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

{833 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MB 20762-7001

WS

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | p).5909-00027

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video
teleconference between Andrews AFB Maryland and Robins AFB Georgia on 13 Apr 2010.

The following additional exhibits were submitted at the hearing:

Exhibit #5: Applicant’s Contentions

Exhibit #6: Character Reference Letter

Exhibit #7: Character Reference Letter

Exhibit #8: Two Pictures of Barber Shops owned by Applicant
Exhibit #9: University Achievement Certificate/Florida
Exhibit #10: College of Barber Achievement/Alabama

Exhibit #11: Business Barber License

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board grants the requested relief. The discharge is upgraded to honorable. The reason and
authority for the discharge, and the reenlistment code will also be changed to reflect the upgrade.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. Tlowever, based upon the record and evidence
provided by applicant, the Board finds the applicant’s discharge, and the reason and authority for discharge
inequitable.

ISSUE: The applicant contends discharge was inequitable because it was too harsh. The records indicated
the applicant received an Article 15 and three Letters of Reprimand for misconduct. The misconduct
included. breaking curfew, communicating a threat, horseplay, fighting, and wearing civilian clothes. The
Board opined that the applicant’s accounting of events was creditable and his punishment for his offense was
inequitable. The Board determined that based on the evidence and the applicant’s testimony, the
characterization of the discharge should be upgraded to honorable. The Board further concluded that the
reason for discharge and the reenlistment code were inappropriate and should be changed.

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.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable and the reason for the discharge is more accurately

described as Secretarial Authority and the reenlistment code changed to 3K. under the provisions of Title 10,
USC 1553.

Attachment:
Examiner's Brief

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