AIR FORCE DISCHARGE REVIEW BOARD ITEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
eo COUNSEL: “eo NAME OF COUNSEL AND OR ORGANIZATION «| ADDRESS AND OR ORGANIZATION OF COUNSEL _ oe
y 8 Oo) MOTEORTHE BOARD 0
HON GEN UOTHC OTHER
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—— ipercnnonres - o- aS = EDS
ISSUES A94.05 INDEX NUMBER A66.00 : a cee [BITS SUBMITTED TO TH
A92.00 1 JORDER 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 AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER ~ _ ,
26 Aug 2010 FD-2009-00174
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.
DATE: 9/1/2010
EES
BLN AAAS AN ERGY Raa:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR
Sera DEE Pog AIR FORCE DISCHARGE REVIEW BOARD
550 C SUREET 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-2009-00174
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 revicw 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:
Issue 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too
harsh. He has expressed a desire to have his discharge upgraded so that he may be eligible to become a
police officer. The records indicated the applicant had a Special Court Martial and was found guilty of
making a false military identification card for three people, failure to file, safeguard and account for AF
Form 335s, failure to properly store a DD Form 2220, wrongfully appropriated two Motorola Sabre Radios
and testing positive for marijuana prior to pre-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.
Issue 2. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation 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.
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
AF | DRB | CY2009 | FD2008-00174
FINDINGS: Upgrade of discharge is denied. 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 concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career.
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