AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AFSN/SSAN
PERSONAL APPEARANCE
“| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES : i
A92.35 INDEX NUMBER A67.30 =
A94.05 1_|ORDER APPOINTING THE BOARD
2_ [APPLICATION FOR REVIEW OF DISCHARGE .
3 _|LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE ee
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
27 May 2010 FD-2009-00189
ST
EON
ONALE ARE DISCUSSED.ON THE ATTACHED AIR FOR DISCHARGE ae .
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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.
a : ae INUURDENENT ee DATE: O02 1Q,
TO: _ , , FROM, = . “
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCH.
a AIR FORCE DISCHARGE REVIEW BOARD
550 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-2009-00189
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.
FINDINGS: 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.
ISSUES:
Applicant contends discharge was inequitable because it was too harsh and based on an isolated incident in
29 months of service and the charges were dropped. The records indicated the applicant received a General
discharge in accordance with AFR 39-10, paragraph 5.49a(3) for Misconduct, Commission of a Serious
Offense; Sexual Perversion. After a thorough review of the applicant’s record, 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.
CONCLUSIONS: 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 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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