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AF | DRB | CY2010 | FD-2009-00030
Original file (FD-2009-00030.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   
 
  

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

TYPE GEN PERSONAL APPEARANCE - xX RECORD REVIEW
eco a __

 

 

Te
at oo NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
 
   

   
  

 
 
 

 

 

 

 

 

 

 

 

 

 

 

HON GEN UOTHC OTHER DENY
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ISSUES A94.01 INDEX NUMBER A67.10 ea Nl ae
A93.01 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 BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
07 Apr 2010 FD-2009-00030

 

 

   

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 AFBCMR.

Names and votes will be made available to the applicant at the applicant’s request.

*Reason and Authority
+Reenlistment Code

 

 

 

 

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 AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2009-00030

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

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.

ISSUE:

Applicant contends that he should not be penalized indefinitely for a mistake he made when “young and
dumb.” The applicant was discharged IAW AI'I 36-3208, paragraph 5.49: Misconduct: Minor Disciplinary
Infractions and received an under honorable conditions (general) discharge. The applicant received:
nonjudicial punishment (NJP) for assaulting his wife, by kicking her in the stomach and violating a no-
contact-order; a Letter of Counseling for dereliction of duty by calling his wife at his duty section and
arguing with her at the duty section; and two Letters of Reprimand for being disrespectful to his supervisor
and being absent from his duty section without approval. The DRB recognized the applicant was 19 years of
age when he enlisted in the Air Force and 21 years of age when the discharge took place; however, there was
no reason that applicant could not properly adhere to the Air Force’s standards of conduct. 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

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