Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2009-00115
Original file (FD-2009-00115.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE

 

TYPE GEN | PERSONAL APPEARANCE

xX RECORD REVIEW

 

 

AFSN/SSAN

sl

 

 

COUNSEL | NAME OF COUNSEL AND OR ORGANIZATION

   

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

MEMBER SITTING

MOTE OF THE BOARD a
HON GEN UOTHC OTHER DEN

 

 

neo

 

 

 

 

 

 

 

 

 

 

 

oa EXHIBITS SUBMITTED TO THE BOARD

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

 

ital bo je ES

LETTER OF NOTIFICATION

 

 

BRIEF QF PERSONNEL. FILE

COUNSEL’S RELEASE TO THE BOARD

 

PERSONAL APPEARANCE

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

 

 

ISSUES A93.01 INDEX NUMBER A93.01
A67.03
A00.29
HEARING DATE CASE NUMBER °
24 Jun 2010 FD-2009-00115

 

 
 

Case heard in Washington, D.C.

application to the AFBCMR.

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

(EF-V2)

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

Names and votes will be made available to the applicant at the applicant’s request.

DATE! 6/25/2010...

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

/UABPLICANT SI SSUE AND) THE BOARD'S DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED ATR FORGE DISCHARGE REVIEW BOARD QECISIONAL RATIONALE,

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

 

 
 

 

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00115

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 her youth and uncertainty contributed greatly to her misconduct. The record
indicates the applicant received a General discharge for misconduct, namely a civilian conviction. She also
had other indicators of misconduct to include a Letter of Counseling, and two Letters of Reprimand. 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 and reason for
discharge were appropriate.

Issue 2. Applicant notes the good things she did while in the service. The DRB took note of the applicant's
duty performance as documented by her performance reports 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 recognized the fact that the applicant had served 4 years total service before the discharge
was initiated, but concluded the applicant’s misconduct outweighed the positive aspects of her time in the
Air Force. Applicant contends that she should not be penalized indefinitely for a mistake she made when
young. The DRB recognized the applicant was 22 years of age when the discharge took place. However,
there is no evidence she was immature or did not know right from wrong. The Board opined the applicant
was older than the vast majority of first-term members who properly adhere to the Air Force’s standards of
conduct. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to
the misconduct.

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-2010-00376

    Original file (FD-2010-00376.pdf) Auto-classification: Denied

    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 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. The Board reviewed the entire record and found no evidence of impropriety or inequity...

  • AF | DRB | CY2010 | FD-2008-00545

    Original file (FD-2008-00545.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN | PERSONAL APPEARANCE X RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL AFSN/SSAN NAME OF COUNSEL AND OR ORGANIZATION VOTE OF MEBs GEN UOTHC OTHER DENY _ EXHIBITS SUBM ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL. FINDING: The Board denies the upgrade of the discharge. The Board finds that neither the evidence of...

  • AF | DRB | CY2010 | FD-2009-00030

    Original file (FD-2009-00030.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN PERSONAL APPEARANCE - xX RECORD REVIEW eco a __ Te at oo NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL HON GEN UOTHC OTHER DENY X*+ e+ e+ xr Xa+ ISSUES A94.01 INDEX NUMBER A67.10 ea Nl ae A93.01 1 |ORDER APPOINTING THE BOARD __ 2 [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION . *Reason and Authority +Reenlistment Code SAF/MRBR SECRETARY OF...

  • AF | DRB | CY2010 | FD-2010-00441

    Original file (FD-2010-00441.pdf) Auto-classification: Denied

    FINDING: The request for the upgrade of the discharge, to change the reason and authority for discharge, and to change of reenlistment code are denied. The characterization of the discharge received by the applicant was found to be appropriate. Additionally, applicant contends that the he was immature at the time of discharge.

  • AF | DRB | CY2010 | FD-2008-00330

    Original file (FD-2008-00330.pdf) Auto-classification: Denied

    A93.01 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIGF OF PERSONNEL FII.E __ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER , 10 Aug 2010 FD-2008-00330 s at HEANT S ISSUE ANI THE BOARD'S DECISIONAL Ky Case heard in Washington, D.C via video-teleconference from Randolph AFB, Texas. nen: AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535...

  • AF | DRB | CY2012 | FD-2012-00498

    Original file (FD-2012-00498.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantand thefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforApatternofMisconduct-ConductPrejudicialtoGood...

  • AF | DRB | CY2012 | FD-2012-00356_13

    Original file (FD-2012-00356_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER (LAST,FIRSTMIDDLEINITIAL)GRADE AFSN/SSANTYPE GEN PERSONALAPPEARANCENAMEOFCOUNSELAND ORORGl\J'llZATION x RECORDREVIEW ADDRESSANDORORGANIZATIO!<OFCOUNSELMEMBERSITTING HON GEN UOTHC OTHER DENY ISSUES i il jlIl A93.01A93.33 A94.05 ORDERAPPOfNTINGTHEBOARDAPPLICATION FORREVIEWOFDISCHARGELETTEROFNOTIFICATION4 BRIEFOFPERSONNELflLE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCEX*+ X*+ X*+X*+ X*+TAPE...

  • AF | DRB | CY2010 | FD-2009-00116

    Original file (FD-2009-00116.pdf) Auto-classification: Denied

    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 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. The DRB concluded that the characterization of the applicant’s discharge was...

  • AF | DRB | CY2010 | FD-2009-00069

    Original file (FD-2009-00069.pdf) Auto-classification: Denied

    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. FINDING: The Board denies the upgrade of the discharge, the change of reason and authority for discharge, and the change of reenlistment code. It concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2011 | FD-2010-00270 (2)

    Original file (FD-2010-00270 (2).pdf) Auto-classification: Denied

    +Narrative Reason *Reenlistment Code SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 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-2010-00270 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to...