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Decision Text

AF | DRB | CY2010 | FD-2009-00066
Original file (FD-2009-00066.pdf) Auto-classification: Denied
ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

xX RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

X*+

 

x*+

 

 

 

 

 

 
   

ISSUES INDEX NUMBER
A01.43

POMS AAR

A84.00 ae - a
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEI’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

 

 

 

 

HEARING DATE CASE NUMBER

24 Jun 2010 FD-2009-00066

 

 

 

 

  
   

  

 

 

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a persona] 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

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
a ae ae — AIR FORCE DISCHARGE REVIEW BOARD

530 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AEB, MD 20762-7001

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00066

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: Upgrade of the discharge, change of reason and authority for discharge, and change of
reenlistment code are denied.

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 was discharged for unsatisfactory participation from Grissom Air Reserve Base (ARB). Applicant
stated on DD form 293 he could not find full time employment in Indiana or Ohio near his reserve unit;
however the applicant stated he did find employment in Iowa and requested a transfer to the 132 Towa Air
National Guard, but the transfer was denied. The Board was unable to find any documentation regarding the
discharge. Due to lack of evidence and supporting documentation to explain the discharge, the Board
concludes that the misconduct was a significant departure from the conduct expected of all military
members. The Board relies on the presumption of regularity and finds the characterization; reason for
discharge and the reenlistment code were 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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