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AF | DRB | CY2010 | FD-2009-00148
Original file (FD-2009-00148.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

     
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
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ORDER APPOINTING THI BOARD
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

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

A94,53 INDEX NUMBER A67.1 0

 

 

 

 

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HEARING DATE CASK NUMBER

 

 

 

22 Jul 2010 FD-2009-00148
| UB AN DECISIONAL RATION ALE) DISCUSSED ON THE ATTACHED AIR FORGE DISCHAROE REVIEW BOARD. D!
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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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ELAN IT
TO: FROM;
TAT SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR og _ 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. ]- ¥D-2009-00148 ©”

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.

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, 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 that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in the Unites States Air Force again. The record indicates the applicant received an Article 15 and
three Letters of Reprimand for misconduct. His misconduct consisted of underage drinking, threatening to
rape a fellow airman, committing adultery, failure to go, and harboring an underage minor in his dormitory
room. 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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