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AF | DRB | CY2010 | FD-2009-00093
Original file (FD-2009-00093.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

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TYPE GEN | PERSONAL APPEARANCE xX | RECORD REVIEW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNSEL ea NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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Xx
eS VOTE OF THE ( Le an
HON | GEN UOTHC | OTHER DENY
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xX
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ISSUES A92.21 INDEX NUMBER A67.10 o) EXHIBITS SUBMITTED 10, THE BOARD
A92.01 1 |ORDER APPOINTING THE BOARD
A94,05 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 TIMF OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
01 Jul 2010 FD-2009-00093

    
 

 

 

 

 

 
 

CC OAPPLICANT’SASSUB AND. THE HOARD § DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW: BOABD:-DECISIONAL RATIONALE
en a ae : ee es ‘ . aa takehitigty fee ES

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.

    
  

INDORSEMENT DATE?. . ‘7/1/2010
To: FROM:
SAF/MRER SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ene Late en, — AIR FORCE DISCHARGE REVIEW BOARD
§50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78140-4742 ANDREWS AFB, MD 20762-7001

 

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECTSIONAL RATIONALE FD-2009-00093

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.

TISSUES:

Issue 1. Applicant contends discharge was inequitable because tt was too harsh. The records indicated the
applicant received an Article 15, six Letters of Reprimand, three Letters of Counseling, and a vacation of
suspended punishment. The DRB opined that through these administrative actions, the applicant had ample
opportunities to change his negative behavior. 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.

Issue 2. Applicant infers that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

Issue 3. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized his term of service.

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 Briel

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