Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00028
Original file (FD-2009-00028.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN |X PERSONAL APPEARANCE : RECORD REVIEW -
POUNSEL 7) Name or COUNSEL AND OR ORGANIZATION - ADDRESS AND OR ORGANIZATION OF COUNSEL ~
: be (| NOTE OF THE BO am
MEMBER SITTING HON GEN UOTHC DENY

X* I
x4
MF
x4
X*4

 

ISSUES

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD _
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

[BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT ‘ITME OF
PERSONAL APPEARANCE

‘TAPE RECORDING OF PERSONAL APPEARANCE HEARING

A92,21 A39.00
A94.05

 

 

 

dite |r fee fF

 

 

 

 

 

HEARING DATE CASE NUMBER

 

 

 

10 Aug 2010 FD-2009-00028
THE BOARIVS DECISIONAL RATIONALE ARE DISCUSSED

     

Case heard in Washington, D.C, via video teleconference with Randolph AFB, Texas,
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.

*Reason and Authority
+Reenlistment Code

 

TO: FROM:

SAF/MRBR. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: : : AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- FD-2009-00028

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.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel from the
Texas Veterans Commission (Mr A), via video teleconference between Andrews AFB Maryland and
Randolph AFB, Texas on 10 Aug 2010.

The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Contentions

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, change of reason and authority for discharge,
and change of reenlistment code.

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 contends discharge was inequitable because it was too harsh and feels he should not have
been court martialed. ‘The records indicated the applicant had a Special Court Martial for attempting
wrongful possess of lysergic acid dicthylamide and wrongful use of marijuana. He was punished with
confinement for 3 months, reduction in grade to Airman Basic, and an Under Honorable Discharge
(General). After a review of the record and the applicant’s testimony, the Board found no evidence to
indicate that the applicant did not know right from wrong or that in his two years of service was unaware of
the Air Force policy of zero tolerance to drug use. 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.

Issue 2. The DRB was pleased to see that the applicant was doing well and is self employed with 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.

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 [ull 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-2008-00330

    Original file (FD-2008-00330.pdf) Auto-classification: Denied

    A93.01 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIGF OF PERSONNEL FII.E __ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER , 10 Aug 2010 FD-2008-00330 s at HEANT S ISSUE ANI THE BOARD'S DECISIONAL Ky Case heard in Washington, D.C via video-teleconference from Randolph AFB, Texas. nen: AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535...

  • AF | DRB | CY2010 | FD-2008-00455

    Original file (FD-2008-00455.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1536 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00455 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge. ...

  • AF | DRB | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 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. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2011 | FD-2010-00298

    Original file (FD-2010-00298.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant was discharged following his admission that he had smoked marijuana prior to entering the Air Force and concealed that information on his entrance documents.

  • AF | DRB | CY2013 | FD-2013-00320

    Original file (FD-2013-00320.rtf) Auto-classification: Denied

    1 ORDER APPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEF OF PERSONNELFILE COUNSEL'SRELEASETOTHE BOARD ADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDING OFPERSONAL APPEARANCEHEARINGHEARING DATE CASENUMBER 28Jan2014 FD-2013-00320Caseheardviavideo-teleconferencebetweenJointBaseAndrewsMarylandandRobinsAFBGeorgia Adviseapplicantof thedecisionof theBoardandtherighttosubmitanapplicationtotheAFBCMR. Namesandvoteswillbemadeavailabletotheapplicantat...

  • AF | DRB | CY2010 | FD-2009-00182

    Original file (FD-2009-00182.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN = po | TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW el COUNSER © "| MAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No x MEMBER SITTING OTHER DENY x4 @ x* Ket xA+ ISSUES A93.01 INDEX NUMBER A67.90 ie _ J —-— 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 7 4 |BRIEV OF PERSONNEL FILE _ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...

  • AF | DRB | CY2010 | FD-2009-00044

    Original file (FD-2009-00044.pdf) Auto-classification: Denied

    * CHANGE RE CODE + CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 580 C STREET WEST, SULLE 4u 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00044 GENERAL: The applicant appeals for upgrade to honorable, change reason and authority and authority and change reenlistment code. he Board finds that neither the evidence of record...

  • AF | DRB | CY2013 | FD-2013-00465

    Original file (FD-2013-00465.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADEAFSN/SSANTYPE GEN x I PERSONALAPPEARANCEI RECORD REVIEW fJ!. :k::: NAMEOFCOUNSELANDORORGANIZATION YES NoxADDRESSANDORORGANIZATIONOFCOUNSEL:_ .MEMBERSITTINGHON GENUOTHC OTHER DENY X*+ I I I IX*+ISSUES A94.05 INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4...

  • AF | DRB | CY2014 | FD-2014-00673

    Original file (FD-2014-00673.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgradeofdischargeto Honorable,achange toreasonand authority forthe discharge, andachangetothereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withcounsel,viavideo teleconference between Andrews AFBMaryland, andRandolphAFBTexas,on20November2014. Thefollowingadditionalexhibitsweresubmitted atthehearing: Exhibit5:Applicant'sContentionsTheattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2015 | FD-2013-00787

    Original file (FD-2013-00787.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.