AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN | PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
Hoe vi a vo EOF THEBOARD 8 ‘
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
Xx
x
x
x
ISSUES : i B a TO
A92.35 INDEX NUMBER A66.00 ' SUBS IEPED T
J] JORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL'S REILEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
13 May 2010 FD-2009-00063
ICANT § ISSUE AND THEBOARD 5 DECISIONAL RA LUE ARE DISeU5SEN ON Tie ATTACHED 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.
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
BAELAE AIR FORCE DISCHARGE REVIEW BOARD
930 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-2009-00063
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 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:
Issue 1. Applicant contends discharge was inequitable because it was based on an isolated incident. The
records indicated the applicant received an Article 15 for wrongful use of marijuana. After a review of the
record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in
his 23 months of service was unaware of the Air Force policy of zero tolerance to drug use. 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.
Tssue 2. The applicant stated he was told his discharge would automatically be upgraded. The Board noted
the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed
that their discharge will automatically be upgraded after six months. While a discharge may be upgraded
after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and
the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough
review of the record, the Board found no evidence to justify an upgrade of the discharge characterization,
reason for the discharge or the reenlistment code.
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
AF | DRB | CY2010 | FD-2008-00550
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 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL bic. FINDING: The Board denies the upgrade of the discharge. Aftcr a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his almost two years of service was unaware of the Air Force policy...
AF | DRB | CY2015 | FD-2015-00023
GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable andtochange thereason andauthorityforthedischarge. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2009-00184
The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed bascd on the available service record. FINDINGS: The Board denies the upgrade of the discharge. The records indicated the applicant received an Article 15 and two Letters of Reprimand for misconduct.
AF | DRB | CY2010 | FD-2009-00069
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. FINDING: The Board denies the upgrade of the discharge, the change of reason and authority for discharge, and the change of reenlistment code. It concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2010 | FD-2008-00535
AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1438 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AMFB, 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-2008-00535 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...
AF | DRB | CY2010 | FD-2009-00031
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 ue NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL OE OTE OF THE BOARD HON GEN UOTHC OTHER DENY xX x x si ice x x cre - ere ma ‘ TS SUBSITE TO THE BOARE ISSUES A95.00 INDEX NUMBER AG7.10 Se EXHIBITS SUBMITTED TO THE B ARD A01.00 1 [ORDER APPOINTING THEBOARD |2_|APPLICATION FOR REVIEW OF DISCHARGE __ 3...
AF | DRB | CY2014 | FD-2014-00139
GENERAL: Theapplicantappeals forupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2012 | FD-2012-00498
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantand thefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforApatternofMisconduct-ConductPrejudicialtoGood...
AF | DRB | CY2015 | FD-2012-00256
GENERAL:TheapplicantappealsforupgradeofthedischargetoHonorable,changeofreasonandauthority fordischarge,andchangeofreenlistmentcode. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00335_13
GENERAL: The applicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:...