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AF | DRB | CY2010 | FD-2009-00134
Original file (FD-2009-00134.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, &TRST MIDDLE INITIAL) GRADE

eee AMIN

TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

    

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HON GEN UOTHC OTHER DENY

 

 

 

 

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| wssuns A94.53 INDEX NUMBER A67.10 ee es EXTIBLRSSUBMITTED qo 70 THE BOARD. ce
ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOT! FICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

 

 

 

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HEARING DATE . CASE NUMBER

17 Jun 2010 FD-2009-00134
ee ON SISSUE AND THE BOARD'S) ECON AERA, HONALE ARE DISCUSSED ON THE ATTACHED, A HORCE DISCHARGE? REVIEW BOARD DECISIONAL RATIONAL

 

 

 

 

Case heard i 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.

 

 
  
 

 

 

 

 

soca aaa, “2c NDORSEMENT. : sages, arrrreazaspgmaran aware
TO: FROM: " ms "
j SECRETARY OF THE ALR FORCE PERSONNFL COUNCIL.
SAnIMIRE fe eae AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1835 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-2009-00134

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. The applicant does
submit his desire to receive the G.]. Bill benefits as justification for upgrade. The record indicates the
applicant received two Article 15s, three Letters of Reprimand, two Letters of Counseling and three Records
of Individual Counseling. His misconduct included failure to maintain dorm room (2x), failure to pay
attention in class, using provoking words to another airman, failure to have required uniform items, failure to
complete 30-day inspection, being delinquent on credit card account, making a false official statement and
failure to follow assigned duties. The DRB noted that when the applicant applied for the MGIB benefits that
he understood he must 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 upgradc. 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

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