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AF | DRB | CY2010 | FD-2009-00138
Original file (FD-2009-00138.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
aida OUNSEL 0) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES
X
| VOTEOF THE BOARD
[oie Samed a | out det adr ind
HON GEN UOTHC OTHER DENY
x
x
x
X
x
ISSUES A94.05 INDEX NUMBER A67.30 EXHIBECS: SUBMITED: TO THE BOARD
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 SUBMIFTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
05 Aug 2010 FD-2009-00138

 

 

 

 
 

 
 

 

APPLICANT: SUBARD THE BOARD’S DECISIONAL; RATONALE ARE DISCUSSED ON THE ATTACHED ATR FORCE DECHS E REVIEW BOARD DECISIONAL RATIONALE: |

aE

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.

 

eT

NT DALE: S/LS/2ULU
TO: FROM:
> SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAP/MRBR ee AIR FORCE DISCHARGE REVIEW BOARD
930 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-2009-00138

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 the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

ISSUE:

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh. He
contends there were no grounds during the Special Court Martial to warrant a General discharge. The
records indicated the applicant had a Special Court Martial for writing checks with insufficient funds in his
account and failure to maintain funds in his account. He was punished with a reduction in rank to Airman
Basic and confinement. The Board concluded that the negative aspects of the applicant’s service outweighed
the positive contributions he made in his Air Force career. The characterization of the discharge received by
the applicant was found to be appropriate.

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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