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Decision Text

AF | DRB | CY2010 | FD-2009-00053
Original file (FD-2009-00053.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
  
 

    
 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE xX | RECORD REVIEW
" NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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MEMBER SITTING HON GEN uoTHC | OTHER DENY
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1 ra ay TCE TO: i BCVA :
ISSUES A01.39 INDEX NUMBER 66.00 : EXHIBITS SUBMITTED TO THE BOARD
A94,05 A62.00 1 |ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 |LETYTER 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-2009-00053
| RPERICANT'S) ISSGE AND Ee BOARD'S DECE TONAL RATIONALE ARE DISCUSSED ON THE AVE AIR FORCE DISCHARGE REVIEW BOARG
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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.

*Reason and Authority
+Reenlistment Code

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~ INDORSEMENT 200°" . DATE: .6/92010
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TO: FROM:
; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
skim RB. sy AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1534 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MI) 20762-7001

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00053

GENERAL: The applicant appeals 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 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 impropriety that would justify a change of discharge.

ISSUE:

Applicant contends discharge was inequitable because he had inadequate counsel and his discharge was too
harsh. [He contends his counsel did not advise him on the ful! impact the discharge would have on his life.
The records indicated the applicant received an Honorable Discharge for Fraudulent Entry into Military
Service (Drug Abuse) in accordance with AFI 36-3208, paragraph 5.15. The records indicated the applicant
had admitted to an OSI agent that he had used marijuana prior to his enlistment into the USAF. However,

upon further review of his enlistment documentation, applicant never disclosed his pre-service drug usage.
He freely admitted to more usage than what he had disclosed on his DD Form 293. The Board found the
negative aspects of the willful misconduct outweighed the positive aspects of the applicant’s performance
and concluded that the discharge was appropriate.

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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