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AF | DRB | CY2010 | FD-2009-00107
Original file (FD-2009-00107.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   

   

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

 

 

 

 

 

 

 

 

 

 

 

 

 

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

PERSONAL APPEARANCE
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TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

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HEARING DATE CASE NUMBER

 

 

 

 

08 Apr 2010 FD-2009-00107

SOLE ANTE SEORICH x

   
    
   

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.

 

 

SAE/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
8 ee . AIR FORCE DISCHARGE REVIEW BOARD

$50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

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

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00107

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 the applicant submitted no
issues contesting the equity or propriety 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. Rather, the
applicant cites his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that
when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 18 September 2001)
that he understood he must complete 36 months of active duty service and 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. The DRB opined that the applicant’s record of service warranted his discharge and its
characterization as under honorable (general) conditions. The record indicates the applicant received one
Article 15, three Letters of Reprimand, a Letter of Admonishment and a Record of Individual Counseling.
His misconduct included failure to go (3x), disobeying orders (2x), underage drinking (for which he received
a civilian conviction), and striking a fellow Airman in the face with a baseball bat. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his behavior. It found
the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.
The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an
upgrade of the discharge. Further, the DRB noted that the applicant did not complete 36 months of active
duty service; even if it voted to upgrade his discharge to honorable, the applicant would remain ineligible to
receive these benefits.

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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