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Decision Text

AF | DRB | CY2010 | FD-2009-00057
Original file (FD-2009-00057.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 
   

PERSONAL APPEARANCE

  

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

AFSN/SSAN

AMN °

X RECORD REVIEW

  
 

 

TYPE GEN

   

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND GR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

 

 

 

HON UOTHC OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case heard i in Washington D. C.

application to the AFBCMR.

*Reason and Authority
+Reenlistment Code

ae a

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

 

 

 

 

xt
XF+
XA+
x*+
ISSUES A95.00 INDEX NUMBER A67.10 ae ( a
A01.00 1 ORDER A APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTER AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
29 Apr 2010 BD 2000057

 

Advise applicant of the decision of the Board, the right to a personal 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.

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE. WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE ~

FD-2009-00057

GENERAL: The applicant appeals for upgrade of discharge to honorable, 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 upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.

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 applicant
expressed a desire to have his discharge upgraded so that he may be eligible to reenlist into the armed forces.
The record indicates the applicant received an Article 15, a Vacation, four Letters of Reprimand, two Letters
of Counseling and two Memorandums for Record for misconduct. His misconduct included failure to report
(4x), failure to obey an order (3x), underage drinking, dereliction in the performance of his duty, and being
late for work. 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 that 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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