Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00033
Original file (FD-2009-00033.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE

 
     
    

AFSN/SSAN

   

 

     
 

TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW

f LS NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL.

   

 

 

voOrror MERON
ee aa ye BS ee Ake Ae
H1ON GEN UOTHC

 

  

 

N*

x*

 

 

x*

 

x

 

 

x*

 

 

 

 

 

 

 
  

  

ISSUES INDEX NUMBER

EXHIBITS SUB
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 APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

A94.06 A49.00

 

 

 

 

& |G) bo fee

 

 

 

 

 

 

HEARING DATE CASE NUMBER

 

 

 

08 Apr 2010 FD-2009-00033
SE APPLIC, s DECISIONAL, RATIONALE ORE DISCL

ae

oo

on, D.C.

   

     
 

 
 

  

      

  

BCISIONAL RATIONALE,

i

:
a
a

   

Case heard in Washingt
Advise applicant of the decision of the Board.

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

* CHANGE RE CODE

 

   

DATE: 4/8/2030 7

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
Relea ves 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-2009-00033

GENERAL: The applicant appeals for upgrade of discharge to honorable 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.

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.

FINDING: The Board grants the requested relief.

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

ISSUE: Applicant contends discharge was inequitable because it was too harsh. Applicant contends he
should receive an upgrade in his discharge characterization to honorable and a change in RE Code because
he engaged in no misconduct while on active duty and merely failed to progress in training within the
vehicle maintenance career field. Applicant notes he spoke with a recruiter from the Pennsylvania National
Guard who said the unit would be willing to work with him if he had his discharge “upgraded.” The DRB
opined that while applicant undisputedly twice failed his CDC end-of-course exams, and failed to progress in
on the job training, the file contained no evidence that the respondent engaged in misconduct or in any other
way failed to meet Air Force standards of acceptable conduct during his time in service. Further, the DRB is
troubled by the squadron’s affirmative decision not to have applicant tested for learning or reading deficiencies,
despite his ongoing failure to progress in on-the-job training and his trainer’s documented concerns about the
respondent’s apparent inability to apply learned knowledge to real life taskings and to retain knowledge. In sum,
the DRB finds that the “significant negative aspects of the airman's conduct or performance of duty” do not
outweigh positive aspects of the airman's military record, so as to warrant an under other than honorable (general)
discharge in this case.

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 discharge and the reenlistment code, 3K under the provisions of Title 10, USC

[553

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2010 | FD-2009-00049

    Original file (FD-2009-00049.pdf) Auto-classification: Denied

    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 COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ~ , ADDRESS AND OR ORGANIZATION OF COUNSEL ~ | " ONGTE OF THE BOARD = ed Lai sae ae fs ay HON GEN | UOTHC OTHER DENY x x x ISSUES A93.23 INDEX NUMBER A67.90 “EXBIBITS SUBMIT EED TO THE BOARD A92,35 1 |ORDER APPOINTING THE BOARD _ A94.05 2_ [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...

  • AF | DRB | CY2011 | FD-2010-00293

    Original file (FD-2010-00293.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN [|X PERSONAL APPEARANCE RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY t i i i { i Poi ot bd Ed dg x Pe bE | i A é 4 5 i : ; * byork dG bg - i \ { j i i i } PoE : : i : i : ; X*+ pod EE GE pot | Po rtf EG] x Pope i | é j j ee ee | hoe clonane A92.35 A67.10 ae cur sence A93.01 1 |ORDER...

  • AF | DRB | CY2010 | FD-2009-00156

    Original file (FD-2009-00156.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW COUNSEL NAME OF COUNSEL AND GR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE:BOARD MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x x SS ws 7 jl — ms mm Tr a 5 ms ae Tn ISSUES A93.19 INDEX NUMBER AG67.10 EXHIBITS SU MIL EES A93.23 1 |ORDER APPOINTING THEBOARD A94.05 2 APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER...

  • AF | DRB | CY2010 | FD-2009-00152

    Original file (FD-2009-00152.pdf) Auto-classification: Denied

    2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO TILE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 14 Jul 2010 FD-2009-00152 ‘ABELICANT'S ISSUE AND THE BOARDS DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED ATR FORCE DING ree ee SS ae Biel nos LARGE BEVIEW-BOARG DECISION! The applicant was offered a personal appearance before the...

  • AF | DRB | CY2011 | FD-2010-00273

    Original file (FD-2010-00273.pdf) Auto-classification: Denied

    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 weg NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING. © ~ Hon | GEN | UorHc | oTHER | DENY ~ ~~ | x stan ISSUES A92.35 INpEANUmPER 4 66.00 ae Fectaee enn eee A92.21 1 |ORDER APPOINTING THE BOARD A92.01 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...

  • AF | DRB | CY2010 | FD-2009-00093

    Original file (FD-2009-00093.pdf) Auto-classification: Denied

    COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIMF OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 01 Jul 2010 FD-2009-00093 CC OAPPLICANT’SASSUB AND. The Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

  • AF | DRB | CY2010 | FD-2009-00138

    Original file (FD-2009-00138.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW aida OUNSEL 0) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES X | VOTEOF THE BOARD [oie Samed a | out det adr ind HON GEN UOTHC OTHER DENY x x x X x ISSUES A94.05 INDEX NUMBER A67.30 EXHIBECS: SUBMITED: TO THE BOARD 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...

  • AF | DRB | CY2010 | FD-2008-00436

    Original file (FD-2008-00436.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Pe AMIN pe TYPE PERSONAL APPEARANCE X RECORD REVIEW “COUNSEL NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL. _ 1] JORDER APPOINTING THE BOARD 2 [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIFF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF...

  • AF | DRB | CY2010 | FD-2009-00078

    Original file (FD-2009-00078.pdf) Auto-classification: Denied

    *Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES AIR FORCE DISCHARGE REVIEW BOARD §50 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-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...

  • AF | DRB | CY2012 | FD-2012-00498

    Original file (FD-2012-00498.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantand thefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforApatternofMisconduct-ConductPrejudicialtoGood...