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AF | DRB | CY2010 | FD-2009-00075
Original file (FD-2009-00075.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

PEARANCE

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
    
 

AFSN/SSAN

RECORD REVIEW

GRADE

 

AB
XxX

 

 

   

NAME OF COUNSEL AND OR ORGANIZATION

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

  

   
   

 

 

 

 

 

 

 

 

 

   

 

application to the AFBCMR.

*Reason and Authority
+Reenlistment Code

 

 

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.

 

UOTHC
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xy
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ISSUES 4 g 4 5 INDEX NUMBER 4g bn 239 oF og SHIBITS SUBMILTED TO THE BOARD “oe
1 JORDER APPOINTING THE BOARD ©
2. [APPLICATION KOR 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 PERSONA). APPEARANCE HEARING
HEARING DATE CASE NUMBER
22 Jul 2010 FD-2009-00075

 

 

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REVIEW BOARD DECISIONAL RATIONALES 7)
sha nn ee i

     

 

 

INDORSEMENT
TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
aie Seno ser: AIR FORCE DISCHARGE. REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, E WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISFONAL RATIONALE FD-2009-00075

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 that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropricty that would justify a change of discharge.

ISSUES:

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh and
that he has served his time for his mistakes. He further expressed that he desired to have his discharge
upgraded so that he may be eligible to reenlist into the armed forces. The records indicated the applicant
received a General Court Martial for assaulting a female by striking and grabbing her with his hands and
physically controlling a motor vehicle while under the influence of alcohol. He was disciplined with a
reduction in grade to Airman Basic, confinement for 180 days, forfeiture of pay, and 30 days of extra duty.
The Board concluded that the negative aspects of the applicant’s service outweighed the positive
contributions he made in his Air Force career. The characterization of the discharge received by the
applicant was found to be 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 duc 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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