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Decision Text

AF | DRB | CY2010 | FD-2009-00055
Original file (FD-2009-00055.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
pF be aMN
TYPE GEN PERSONAL APPEARANCE Xx. RECORD REVIE'

 

 

     

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

  

 

 

 

 

 

 

 

UOTHC
- T
x
~ - - T
x
xX
Xx
t-
Xx

 

 

 

 

 

   

ISSUES INDEX NUMBER

A93.01 A67.00

 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER Of NOTIFICATION

 

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE

17 Jun 2010

CASE NUMBER

 

FD-2009-00055

 

  

ee

Case heard in Washington, D.C.

application to the AFBCMR.

 

 

FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

PaND He ORR SBECISIONAURATION ALE ANE DISCUSSED ON THE AV TACITED ANLFORCE DISCHARGE REVIEW BOARD DECISIONAL RATION

 

Advise applicant of the decision of the Board, the right to a persona! appearance with/without counsel, and the right to submit an

Names and votes will be made available to the applicant at the applicant’s request.

rrr el

Dawe G748/2010....

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-700)

 

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00055

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 denics 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.

ISSUE:

Applicant submitted no issues regarding the inequity or impropriety of his discharge. He admits that he was
young and immature. The records indicate the applicant received an Article 15, a Vacation and a Letter of
Reprimand. His misconduct consisted of being drunk and disorderly (2x) and was charged by civilian
authorities for driving under the influence of alcohol. The DRB recognized the applicant was 22 years of
age when the discharge took place. However, there is no evidence he was immature or did not know right
from wrong. The Board opined the applicant was older than the vast majority of first-term members who
properly adhere to the Air Force’s standards of conduct. The DRB concluded that the characterization of the
applicant’s discharge was appropriate due to the misconduct.

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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