AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD
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ISSUES A94.06 INDEX NUMBER A67.10 : . ce EXHIBITS SUBMITTED TO THE BOARI Z|
1 |ORDER APPOINTING TIE BOARD __.
|2 APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION __.
4 [BRIEF OF PERSONNEL FILE 7 -
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ,
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER . ~ - _ '
24 Jun 2010 FD-2009-00168
PUG ane BOARDS) EEISTONAT RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORE: BISCHARGE REVIEW BOARD Se eae oF 7
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.
—————— eee
G27 INRURBEM ENT oo A ge AE OA ER RMI
+0; : FROM: .
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
gargs top og AIR FORCE DISCHARGE REVIEW BOARD
§50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, 1X 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-2009-00168
GENERAL: The applicant appeals for upgrade of discharge to general.
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 grants the requested relief.
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.
ISSUE:
Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.
The records indicated the applicant received two Article 15s, a Vacation, two Letters of Reprimand, and
three Letters of Counscling for misconduct. After thorough considcration of the information provided by the
applicant, the records of the case, there was sufficient mitigation to substantiate upgrading the discharge to
general. While the DRB did not condone the applicant’s incidents of misconduct, they did feed it would
have been more equitable to characterize his service as general. The Board based this decision on primarily
on findings from a contemporaneous case, involving similar charges, in which the discharge characterization
was upgrade.
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.
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.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's
service is more accurately reflected by a General discharge.
Attachment:
Examiner's Brief
AF | DRB | CY2010 | FD-2009-00063
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. After a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his 23 months of service was unaware of the Air Force policy of zero tolerance to drug use. The Board noted the issue was common result of miscommunication, at the time of discharge,...
AF | DRB | CY2009 | FD2008-00301
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION TYPE GEN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL oes MEMBER SITTING OTHER DENY xX x | | Xx Xx x ISSUES A93.11 INDEX NUMBER A67.10 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 SUBMITTED...
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW pear oue: x NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES N = The American Legion Queen Baker 1608 K Street NW Washington DC xX 20006 MEMBER SITTING HON GEN UOTHC OTHER DENY x x x xX ISSUES A94.05 INDEX NUMBER A67.30 | EAD SUB) 1 |ORDER APPOINTING THE 2 |APPLICATION FOR REVIEW OF DISCHARGE 3...
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*Reason and Authority + Reenlistment Code c SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL SAF/ MRBR cee oc oveene AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1438 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-2009-00014 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for...
AF | DRB | CY2010 | FD-2010-00389
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. 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.
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ISSUES A93.01 INDEX NUMBER A84.00 EXHIBITS SUBMITTED TO THE BOARD A94,55 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL VILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 17 Dec 2009 FD-2009-00001 APPLICANT'S ISSUE-AND THE:BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE:ATTACHED AIR FORCEDISCHARGE REVIEW:...
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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FUKRUE DISCHAKGE KEVIEW BOARD HEARING RECORD GRADE AIC AFSN/SSAN PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION + ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING ; x | i Xx | ' xX x { x | sooves 93.33 INDEX NUMBER A67 1 0 94.05 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...
AF | DRB | CY2010 | FD-2009-00142
THE ATTACHED AIR LORCE DISCHARGE REV EW SOARD DECISIONAL RATIONALE. Names and votes will be made available to the applicant at the applicant’s request. FINDING: The Board denies the upgrade of the discharge.
AF | DRB | CY2011 | FD-2010-00113
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. Upon review of the record, the Board was unable to find any documentation regarding the discharge.
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW :| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No xX MEMBER SITTING . 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. The Board concluded that the negative aspects of the...