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AF | DRB | CY2010 | FD-2009-00039
Original file (FD-2009-00039.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

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

AFSN/SSAN

 

 

 

 

 

   

 

 

 
  
 

 
  

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MEMBER SITTING UOTHC OTHER DENY
x
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aa — re a ; “SURMELTED GO
ISSUES A95.00 INDEX NUMBER A49.00 ao as SUBMITTED £0. :
A01.00 A67.10 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
PERSONAI. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
29 Apr 2010 FD-2009-00039

 

 

Oe) 2 : me yy ‘

ees

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.

 

INDORSEMENT

FROM:

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
i Sc MUO AIR FORCE DISCHARGE REVIEW HOARD

550 C STREET WEST, SUITE 40 1835 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MID 20762-7001

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE ~

FD-2009-00039

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 submitted no issues regarding the inequity or impropriety of his discharge. The
applicant does express a desire to have his discharge upgraded so that he may be eligible to reenlist in the
armed forces. The record indicates the applicant received two Article 15s, three Letters of Counseling and
two Records of Individual Counseling for misconduct. His misconduct included underage drinking, failure
to remain in room while on quarters, failure to report (2x), CDC failure (2x), making a false official
statement, and failure to obey an order. The Board opined that through these administrative actions, the
applicant had ample opportunities to change his behavior. They found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire
record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

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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