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AF | DRB | CY2010 | FD-2009-00045
Original file (FD-2009-00045.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    
 

 
 
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

Le Sra

AFSN/SSAN

  

 

 

 

  
   

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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MEMBER SITTING HON GEN voTHC | OTHER
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ISSUES A92.15 INDEX NUMBER A67.00 a Ot ARD My
A9S.00 A62.00 {| |ORDER APPOINTING THE BOARD
A01.00 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
29 Apr 2010 FD-2009-00045

    

  

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 Cdoe

   

SAF/MRBR , SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
46 ae AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EF. WING, 3RD FILOOR

RANDOLPH ALB, TX 78150-4742 ANDREWS AFR, MD 20762-7001

 

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00045

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:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
does submit that he desires to have his discharge upgraded so that he may be eligible to enlist into the armed
forces. The record indicates the applicant received a General discharge for fraudulent entry and pattern of
misconduct. Upon review of the record, the Board was unable to find any documentation regarding the
discharge. Due to lack of evidence and supporting documentation to explain the discharge, the Board
concludes that the misconduct was a significant departure from the conduct expected of all military
members. The Board relies on the presumption of regularity and finds the characterization; reason for
discharge and the reenlistment code were appropriate.

Issue 2. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

The Board highly recommends that if the applicant can provide additional documented information to
substantiate their issue(s), that he should consider exercising his right to make a personal appearance before
the Board. If the applicant chooses to exercise this right, he should be prepared to provide the DRB with
factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any
contributions to the community.

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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