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Decision Text

AF | DRB | CY2010 | FD-2009-00086
Original file (FD-2009-00086.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE GEN. PERSONAL APPEARANCE X | RECORD REVIEW a

 

     
 

AFSN/SSAN

     
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a COUea ce'| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS ANDORORGANIZATIONOFCOUNSEL. SSS
° - VOTE OF THE BOARD Te
MEMBER SITTING HON GEN UOTHC OTUER DENY
x
x
x
x
x
ISSUES A94.53 INDEX NUMBER A67.30 oS | EXHIBITS SUBMITTED TO THE BOARD foe
1 |ORDER 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 SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL. APPEARANCE HEARING
HEARING DATE CASE NUMBER
05 Aug 2010 FD-2009-00086

 

 

 

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APPLICANT 'SSSUE AND THE BOARD'S DECISIO
eee sage

AL RATIONALE ARE DISCOSSED ON THE AU TACHED AIR FORCE DISCHARGE REVIEW. : MONA TIONALE,

   

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.

 

“DATE: » 8/10/2010

 

TO: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAPIMRBES eT AWTIES @TINTE AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 4 1835 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-9 ANDREWS AFB, MD 20762-7001

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00086

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.

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.

FINDING: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propricty 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:

. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant cite

his desire to receive the G.l. Bill benefits as justification for upgrade. The DRB noted that when "
applicant applied for these benefits, he signed a statement (DD Form 2366) 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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