Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00113
Original file (FD-2009-00113.pdf) Auto-classification: Denied
NAME O¥ SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

 

MEMBER SITTING

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

xX RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL.

 

  

a

 

 

UOTHC

OTHER

 

 

 

 

 

 

 

   

 

 

 

 

 

     

ISSUES

INDEX NUMBER

A94.53 A67.00

( EXHIBITS SUBMITTED LO. THE BOARD

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

we | Cod | of meet ES

BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

HEARING DATE

22 Jul 2010
“APPLICANT'S ISSUE:

CASE NUMBER

FD-2009-00113
RD SPEC SONA RATIONALE ARE DISCUSSED O

 

Case heard in Washington, D.C.

application to the AFBCMR.

SAPF/MRBR
350 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00

Ni ate

 

   

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.

 

AED DECISIONAL RATIONALE,

 

(EF-V2)

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00113

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 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 that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in the Air Force or Army Guard. The record indicates the applicant received an Article 15, five
Letters of Reprimand, and four Records of Individual Counseling for misconduct. His misconduct included
speeding on base, failed room inspection (3x), being late for roll call (3x), failure to take technical data to an
aircraft, using his cell phone during duty hours, failure to attend training (2x), failure to perform inventory of
a tool kit, and being late for work. The Board opined that through these administrative actions, the applicant
had ample opportunities to change his behavior. They 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.

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

Similar Decisions

  • AF | DRB | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2010 | FD-2008-00463

    Original file (FD-2008-00463.pdf) Auto-classification: Denied

    / NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL “ NOTHOPTHEBOARD) = HON GEN UOTHC OTHER x¥+ Met xA+ e+ Xt ISSUES A95.00 INDEX NUMBER A67.10 a EXTUBIT SSUBMITTED tO "TE (RD me A93.11 1 ORDER APPOINTING THE BOARD _ A01.00 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...

  • AF | DRB | CY2010 | FD-2008-00539

    Original file (FD-2008-00539.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN PERSONAL APPEARANCE x RECORD REVIEW |] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ae VOTE OF THE BOARD ~~ ca HON GEN UOTHC OTHER DENY XH KFT X*+ X*+ ISSUES A92.21 INDEX NUMBER A67.10 a “EX DIBITS SUBMITTED TO THE BOARD oe A93.01 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE...

  • AF | DRB | CY2010 | FD-2009-00057

    Original file (FD-2009-00057.pdf) Auto-classification: Denied

    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN AMN ° X RECORD REVIEW TYPE GEN NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND GR ORGANIZATION OF COUNSEL MEMBER SITTING HON UOTHC OTHER Case heard i in Washington D. C. application to the AFBCMR. 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...

  • AF | DRB | CY2010 | FD-2008-00575

    Original file (FD-2008-00575.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN _ AMN TYPE PERSONAL APPEARANCE xX RECORD REVIEW BOUNSEL™ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL — a VOTE.OF HON GEN UOTHC xe XFL X*4 xe+ xe ISSUES A94,53 INDEX NUMBER 67.90 EXHIBITS SUBMITTED TO THE BOARD HES? The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be...

  • AF | DRB | CY2015 | FD-2014-00695

    Original file (FD-2014-00695.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischargeReview Board (ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge ISSUE:...

  • AF | DRB | CY2012 | FD-2012-00643

    Original file (FD-2012-00643.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSN/SSAN x PERSONALAPPEARANCE RECORD REVIEW NAMEOF COUNSELANDORORGANIZATIONADDRESSANDORORGANIZATIONOFCOUNSELUVl\ifRF,RSITTINGHON GENUOTHC OTHER DENY A93.191 ORDERAPPOINTINGTHE BOARD2 APPLICATIONFOR REVIEW OFDISCHARGE3 LETTER OFNOTIFICATION4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARDADDITIONAL EXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCE TAPERECORDING OFPERSONAL APPEARANCE HEARINGHEARINGDATE CASE...

  • AF | DRB | CY2013 | FD-2013-00307_13

    Original file (FD-2013-00307_13.rtf) Auto-classification: Denied

    AIRFORCE DISCHARGE REVIEW BOARDHEARING RECORDNAl\fEOFSERVICE MEMBER(LAST,FIRSI'MIDDLE INITIAL) GRADEX RECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSELMEMBERSITTING HON GEN UOTHC OTHER 1 ORDERAPPOINTINGTHEBOARD2APPLICATION FORREVIEW OFDISCHARGE3 LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHE BOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER02Aug2013 FD-2013-00307 \:;:j;! ;14 Lv 1JPfhZ'1:? Caseheardin...

  • 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 fa TAPE RECORDING OF PERSONAL APPEARANCE HEARING ete bs | HEARING DATE CASE NUMBER 08 Apr 2010 FD-2009-00107 SOLE ANTE SEORICH x Case heard in Washington, D.C. The applicant was offered a personal...

  • AF | DRB | CY2010 | FD-2009-00025

    Original file (FD-2009-00025.pdf) Auto-classification: Denied

    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. Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.