AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE
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TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW
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AFSN/SSAN
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
Timothy Litka ESQ 1725 I St. NW Suite 300 Washington DC 20006
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ISSUES A01.14 INDEX NUMBER A67.10 ~~ : uae Ex : Ss ie (ED TO THE BOARD
AOI.48 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
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HEARING DATE CASE NUMBER
09 Aug 2010 FD-2009-00047
"REVIEW BOARD DECISIONAL RATIONALE.
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Case heard in Washington, D.C.
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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.
X — Secretarial Authority with Reenlistment Code of 3K.
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TO: FROM: —_—
: SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR cae a reees AIX 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-2009-00047
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge.
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.
The applicant was offered a personal appearance before the Discharge Review Board (DRB) and elected to
exercise this right. However, the case was tendered before the personal appearance hearing time. A tender
consideration is the process of reviewing a projected personal appearance case to determine if the board
would grant the requested relief based on the evidence in the service record and a possible impropriety found
in the administrative 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 evidence in the record to substantiate an impropriety that would justify a change in the
discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant’s
discharge, the change the narrative reason for discharge to Secretarial Authority and the change to the
reenlistment code to 3K,
ISSUE:
The applicant contends the Air Force did not follow policy and documentation provided by the National
Personnel Records Center indicates the applicant received an Honorable discharge. The Board found that
the applicant received an Article 15 for failure to comply with Maintenance Operations Safety Standards.
After further review, the Board found the applicant had over five years of service with no formal
documentation showing that he was afforded the opportunity to overcome this deficiency. Since, there were
no other infractions or misconduct by the applicant that was evident in his record, the case is tendered. The
Board concluded his discharge was improper and also considered changing the reasons and authority and
reenlistment code. As a result, the Board unanimously changed his character and reenlistment code.
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 duc process.
The Discharge Review Board concludes that the discharge was inconsistent with the procedural and
substantive requirements of the discharge regulation and finds the applicant was not provided full
administrative duc process.
In view of the foregoing findings, the Board concludes that the overall quality of applicant’s service is more
‘accurately reflected by an Ifonorable discharge, and the reason for the discharge is more accurately
described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10,
USC 1553.
Attachment:
Examiner's Brief
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