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AF | DRB | CY2010 | FD-2009-00069
Original file (FD-2009-00069.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

      
 

AFSN/SSAN

- AB a

 

TYPE GEN PERSONAL APPEARANCE

4 RECORD REVIEW

 

a

NAME OF COUNSEL AND OR ORGANIZATION

    

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ISSUES A93.01 INDEX NUMBER A67.10 ae EXLDGIES SUBMITTED TO: THE BOARD, u
A49,00 1 (ORDER APPOINTING THEBOARD _
A66.00 2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER 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

08 Apr 2010

CASE NUMBER

FD-2009-00069

 

*Reason and Authority
+Reenlistment Code

   

 

SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AIB, TX 78150-4742

 

AFIIQ FORM 0-2077, JAN 00

 

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.

(EF-V2)

 

 

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7000]

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2009-00069

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, the change of reason and authority for
discharge, and the 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 that he should not be barred from reenlisting because of mistakes he made
when young. The record indicates the applicant failed four block exams in his training program, resulting in
his disenrollment from a technical training course. While in technical school, the applicant also received one
Special Court-martial conviction, one Article 15, one Letter of Reprimand, and two Letters of Counseling.
His misconduct included wrongful use of ecstasy, wrongful possession of a falsified SAFB Form 303A,
Enlisted Phase Card, failure to go (2x), and dereliction of duty. The DRB recognized the applicant was 18
years of age when the discharge took place. However, there is no evidence he was immature or did not
know right from wrong. The DRB opined that these administrative actions provided the applicant with
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 DRB reviewed the entire record and found no
evidence of impropriety or inequity to warrant an upgrade of the discharge. It 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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