AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
X*+
et
x* +
x* +
x*+
SBE : : LE: Ey ee |
ISSUES 95.00 INDEX NiMBER A49.00 = EXBIBITS SUBMITTED TO Ui ee
A01.00 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
13 May 2010 FD-2009-00112
"APPLICANT S880 AND TFIE BOARD'S DECISIONAL, RATIONALE ARE DISCUSSED ON THE ATTACHED,
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.
* Reason and Authority
+ Reenlistment Code
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EO eee DATE: snasn0w Re
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TO: FROM:
SECRETARY O€ THE AIR FORCE PERSONNEL COUNCIL
rE ae sae en tprens AIR FORCE DISCHARGE REVIEW BOARD
550 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-2009-00112
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 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. The applicant does
submit his desire to have his discharge upgraded so that he may be eligible to reenlist into the armed forces.
The record indicates the applicant received a General discharge for failure to progress in OJT. Upon review
of the record, the Board was unable to find any documentation regarding the discharge. Due to lack of
evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct
was a significant departure from the conduct expected of all military members. The Board relies on the
presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were
appropriate.
The Board highly recommends that if the applicant can provide additional documented information to
substantiate their issue(s), that **he/she should consider exercising their right to make a personal appearance
before the Board. If the applicant chooses to exercise this right, **he/she should be prepared to provide the
DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as
well as any contributions to the community.
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 | CY2010 | FD-2009-00189
3 _|LETTER OF NOTIFICATION 4 | BRIEF OF PERSONNEL FILE ee COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 27 May 2010 FD-2009-00189 ST EON ONALE ARE DISCUSSED.ON THE ATTACHED AIR FOR DISCHARGE ae . 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. ...
AF | DRB | CY2011 | FD-2010-00298
FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant was discharged following his admission that he had smoked marijuana prior to entering the Air Force and concealed that information on his entrance documents.
AF | DRB | CY2010 | FD-2009-00009
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN L PERSONAL APPEARANCE x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TYPE GEN NAME OF COUNSEL AND OR ORGANIZATION MEMBER SITTING “YT aT no aU | IssuES A93.23 INDEX NUMBER AG7.50 . 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 Board...
AF | DRB | CY2010 | FD-2009-00045
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. Upon review of the record, the Board was unable to find any documentation regarding the discharge. The Board highly recommends that if the applicant can provide additional documented information to substantiate their issue(s), that he should consider exercising his right to make a personal appearance before the Board.
AF | DRB | CY2010 | FD-2008-00556
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE BOARD MEMRFR SITTING HON GEN UOTHC OTHER DENY E+ X*+ X*+ X*+ X*+ | : ee ISSURS EX : CHE : A94.55 INDEX NUMBER 4 67 49 EXHIBITS SUBMITTED TO THE BOARD 1 JORDER APPOINTING THE BOARD oo 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...
AF | DRB | CY2010 | FD-2008-00408
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. He stated that the stress became too much and he decided to smoke marijuana, which his wife obtained for him at his request. While the applicant appeared to have otherwise good service during his time in the Air Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the standard...
AF | DRB | CY2010 | FD-2009-00047
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE _CtCéiéSE AIC TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW ee OUNSEL AFSN/SSAN NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL Timothy Litka ESQ 1725 I St. NW Suite 300 Washington DC 20006 ~ 2 NOTE OF THE BOARD... Css ae aa ie HON GEN UOTHC OTHER ISSUES A01.14 INDEX NUMBER A67.10 ~~ : uae Ex : Ss ie (ED TO THE BOARD AOI.48 ORDER APPOINTING THE...
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 | CY2009 | FD2008-00203
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION TYPE GEN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE SRA AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X X Xx X X ISSUES A94.05 INDEX NUMBER A67.10 ee A I ae 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...
AF | DRB | CY2010 | FD-2009-00078
*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...