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AF | DRB | CY2010 | FD-2009-00050
Original file (FD-2009-00050.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

      
  

 
 

 

    
 
   
  

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
Pee 7 .| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 
  
 

Ee

OTHER DENY

   
 

 

MEMBER SITTING

 

 

 

 

 

 

 

 

 

 

 

 

  

ISSUES A94.53 INDEX NUMBER A67.10 [eee «EX 11Bl Ss
1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOVIFICATION

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

 

 

 

25 May 2010 FD-2009-00050

  
   

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.

 

 

SAF/MRBR, SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
. Te AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EF 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-2009-00050

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.

FINDING: The Board denies the upgrade of the discharge.

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 record
indicates the applicant received an Article 15s and two Letters of Reprimand for misconduct. His
misconduct included underage drinking, driving under the influence of alcohol, possession of a false driver's
license, driving under revocation, failure to go and consuming alcohol while on duty. 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.

Issue 2. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits, he understood he must receive an Honorable
discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of
these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would
warrant an upgrade.

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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