NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL.)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
GRADE
“AIC
PERSONAL APPEARANCE
x RECORD REVIEW
TYPE GEN
Zn OUNSEL
NAME OF COUNSEL AND OR ORGANIZATION
The American Legion
ADDRESS AND OR ORGANIZATION OF COUNSEL
Queen Baker 1608 K Street NW Washington DC
20006
VOTE OF THE BOARD
OTHER
ie Seva yea
HON
VOTHC DENY
ISSUES INDEX NUMBER
A92,21
A94.05
A93.21
A94,05
EXHIBITS SUBMITTED TO THE BOARD.
1 JORDER 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
24 Jun 2010
FD-2009-00108
ee
Case heard in Washington, D.C.
application to the AFBCMR.
SAF/MRBR
550 C STREET WES
RANDOLPH AFB, TX 78150-4742
T, SUITE 40
APPLICANT'S ISSUE: ANDTHE BOARD'S DECISIONAL RATIONALE. ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE! REVIEW. BOARD DECISIONAL RATIONALE:
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.
errr ett
DATES '6/25/2010 |
SECRETARY OF THE AIR FORCE PERSONNEI, COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00108
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 applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.
ISSUES:
Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received two Articles 15, an AMC Form 196 Commander’s Report on Crew Member, and four
Memorandums for Record for misconduct. Additionally, the applicant received a referral Enlisted
Performance Report and had references regarding misconduct in his other reports. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
The Board concluded the applicant’s misconduct was a significant departure from conduct expected of all
military members. The Board concluded that the characterization of the discharge received by the applicant
was appropriate.
Issue 2, Applicant states that the discharge did not take into account the good things he did while in the
service, nor did it consider his diagnoses for insomnia which contributed to his misconduct. The DRB took
note of the applicant's duty performance as documented by his performance reports and other
accomplishments. They also reviewed his medical record. They found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance, and his diagnoses of insomnia
which was accompanied by a co-occurring diagnosis of occupational problems. The Board concluded the
discharge was appropriate for the reasons which were the basis for this case.
Issue 3. The DRB was pleased that the applicant is doing well. 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 Brief
AF | DRB | CY2009 | FD2007-00404
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*Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES 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-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...
AF | DRB | CY2010 | FD-2009-00126
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EE-V2)_ Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00126 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. FINDING: The Board denies the upgrade of the discharge, change of...
AF | DRB | CY2010 | FD-2009-00175
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 ee | S| ee TAPE RECORDING OF PERSONAL APPEARANCE HEARING iM SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, SRD FLOOR ANDREWS AFB, MI} 20762-7001 Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00175 GENERAL: The applicant appeals...
AF | DRB | CY2010 | FD-2009-00093
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 Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
AF | DRB | CY2010 | FD-2009-00018
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN xX RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL ISSUES A92,35 A94.05 VOTE OF THR BOARD: HON GEN UOTHC OTHER DENY INDEX NUMBER A67.10 rsa ORDER APPOINTING THE BOARD 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 TAPE RECORDING OF PERSONAL APPEARANCE...
AF | DRB | CY2010 | FD-2009-00033
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. However, based upon the record and evidence provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable. Applicant contends he should receive an upgrade in his discharge characterization to honorable and a change in RE Code because he engaged in no misconduct while on...
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ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF COUNSEL AND OR ORGANIZATION NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AKSN/SSAN a ann | TYPE GEN PERSONAL APPEARANC X RECORD REVIEW COUNSEL ~ en tanec tenteeeen ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE.OF THE BOARD MEMRER SITTING HON GEN UOTHC OTHER | DENY ISSUES A94.05 INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD A67.10 A94,55 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF...
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