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 ~ |
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HON GEN | UOTHC OTHER DENY
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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 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 :
24 Jun 2010 FD-2009-00049
“APPLICANTS ISSUP.AND. TRE BOARD'S DECISIONAL RATIONALE ARE DIS
CUSSED ON THE ALTACE TED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL: RATIONALE,
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gees ae
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.
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INDUK Stave NT 802) aie / cee ADATES 7/6/2010.
10; FROM: “
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAD EEE oT eg AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 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-2009-00049
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUES:
Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on isolated
incidents. The records indicated the applicant received an Article 15, a Letter of Reprimand, and three
Letters of Counseling for misconduct. His misconduct consisted of failure to go (2x), failing to obey a
lawful order, failing to obey and being disrespectful, being drunk and disorderly, and being disrespectful to
an NCO. The Board took note that applicant had been diagnosed with clinical depression. After review of
the record, the Board found no evidence to indicate that the applicant did not know right from wrong and
therefore, his contention is without merit. 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. The
characterization of the discharge received by the applicant was found to be 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.
Issue 3. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized xxhis term of service.
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
AF | DRB | CY2010 | FD-2009-00078
*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...
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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.
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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. However, based upon the record and evidence provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable. 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...
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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...
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THE ATTACHED AIR LORCE DISCHARGE REV EW SOARD DECISIONAL RATIONALE. Names and votes will be made available to the applicant at the applicant’s request. FINDING: The Board denies the upgrade of the discharge.