AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
TYPE GEN PERSONAL APPEA X RECORD REVIEW
COUNSEL: NAME OF COUNSEL AND OR ORGANIZATION — ADDRESS AND OR ORGANIZATION OF COUNSEL
a ee wo YOTEOR THE BOARD
MEMBER SITTING HON Gen | voTic | OTHER | DENY
xX
x
x
x
x
ISSUES
INDEX NUMBER
A67.30 se =" EXBIBITS SUBMITTED TO THE BO:
ORDER APPOINTING THE BOARD
A92,.35
1
2 ELIS ATO OR REVIEW) OF DISCHARGE
LETTEROF NOTIFICATION.
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
05 Mar 2010 FD-2009-00029
ACANT’S TS8UAND ‘ 0 AT
Case heard in Washington, D.C,
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 AFRCMR.
Names and votes will be made available to the applicant at the applicant’s request.
SAP/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
Cohen idiey: wiiieers Gaara AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 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-2009-00029
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:
Applicant contends that his “discharge was inequitable because it was based on one isolated incident in 25
months of service.” The applicant was discharged LAW AFI 36-3208, paragraph 5.52, commission of a
serious offense. Although the applicant did have one documented adverse action, nonjudicial punishment, it
was for several very serious offenses, larceny, conspiracy to commit larceny and unlawful entry. Based
upon the seriousness of the applicant’s offenses, the Board found that his two years of service did not
outweigh the offenses he committed. The DRB concluded that the characterization of the applicant’s
discharge was appropriate due to the misconduct.
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 | CY2012 | FD-2012-00029_13
GENERAL:Theapplicantappealsforupgradeofthedischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon16Jul2013. Thefollowingadditionalexhibitsweresubmittedatthehearing: Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2009-00189
3 _|LETTER OF NOTIFICATION 4 | BRIEF OF PERSONNEL FILE ee COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 27 May 2010 FD-2009-00189 ST EON ONALE ARE DISCUSSED.ON THE ATTACHED AIR FOR DISCHARGE ae . 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. ...
AF | DRB | CY2013 | FD-2013-00358_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgrade ofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforCommission...
AF | DRB | CY2010 | FD-2009-00149
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 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL OTHER DENY x x xX x x | ISSUES A931 I INDEX NUMBER A67.90 E ! 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. Applicant submitted...
AF | DRB | CY2009 | FD2008-00225
1 J|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 EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 01 Jul 2009 FD-2008-00225 APPLICANT’S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ISSUE: Applicant submitted no issues and...
AF | DRB | CY2010 | FD-2009-00158
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE xX RECORD REVIEW Ss) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL TYPE GEN Ue HON GEN UOTHC OTHER DENY x x x a ©) EXHIBITS SUBMITTED TO THE BO, 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 TIME OF PERSONAL...
AF | DRB | CY2009 | FD2008-00166
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN FY SRA pe PERSONAL APPEARANCE 4 RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE BOARD MEMBER SITTING HON GEN UOTHC | OTHER DENY x xX x x xX EXHIBITS SUBMITTED TO: THE BOARD ISSUES A94.53 INDEX NUMBER A67.30 EXHIBI I 'O: THE BOARD J |ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4...
AF | DRB | CY2010 | FD-2009-00001
ISSUES A93.01 INDEX NUMBER A84.00 EXHIBITS SUBMITTED TO THE BOARD A94,55 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL VILE 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 Dec 2009 FD-2009-00001 APPLICANT'S ISSUE-AND THE:BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE:ATTACHED AIR FORCEDISCHARGE REVIEW:...
AF | DRB | CY2010 | FD-2009-00133
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 HON GEN “UO” THC OTHER X Xx x x x ISSUES A94 00 UNG A UVEEE A67 10 d ae a EXHIBITS SUBMITT ED TO THE THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...
AF | DRB | CY2009 | FD2008-00203
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION TYPE GEN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE SRA AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X X Xx X X ISSUES A94.05 INDEX NUMBER A67.10 ee A I ae 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...