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AF | DRB | CY2010 | FD-2009-00042
Original file (FD-2009-00042.pdf) Auto-classification: Denied
TYPE GEN

 

  

PERSONAL APPEARANCE

 

   
 

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NAME OF COUNSEL AND OR ORGANIZATION

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

    

“Xx | RECORD REVIEW

   
  

GRADE AFSN/SSAN

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

ISSUES

A94,08

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EXHIBITS SUBMITTED ITO. THE BOARD 709 9a,

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ORDER APPOINTING THE BOARD .

 

 

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LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAT. EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEA RANCE HEARING

 

HEARING DATE

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

*Reason and Authority
+Reenlistment Code

TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, 1X 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00

CASE NUMBER

ruse NDS

FROM:

(EF-V2)

 

 

24 Jun 2010 FD-2009-00042

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APPLICANT'S, ISSUE AND. THE.BOARL’S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD. DECISIONAL RATIONALE, i oe
Ee nt Ee ee acy By i . e : ef

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, FE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00042

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.

FINDINGS: 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 impropricty that would justify a change of discharge.

ISSUES

Applicant contends discharge was inequitable because it was too harsh. He has expressed a desire to have
his discharge upgraded so that he may be eligible to serve his country again in the United States Air Force
Reserve. The records indicated the applicant received an Article 15, two Letters of Reprimand, and three
Memorandums for Record for misconduct. His misconduct consisted of failure to report, room inspection
failures (3x), providing a false statement and flushing a cigarette down the toilet in his dorm room. The

DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board concluded that the negative aspects of the applicant’s service outweighed the
positive contributions he made in his Air Force career. ‘Ibe characterization of the discharge received by the
applicant was found to be appropriate.

CONCLUSIONS: ‘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 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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