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Decision Text

AF | DRB | CY2010 | FD-2009-00190
Original file (FD-2009-00190.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
Fe fA pe
TYPE GEN PERSONAL APPEARANCE ~ X RECORD REVIEW
mr NAME OF COUNSEL ANDO ORGANIZATION — ADDRESS AND OR RGANIZATION OF COUNSEL °
YES No
Xx
MEMBER SITTING HON GEN UOTHC OTHER DENY
Xt
xe
Ke
x* 4-

 

 

ISSUES INDEX NUMBER
Aol.43

A84.00

 

 

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

ITEARING DATE CASE NUMBER

27 May 2010

 

oe tabs fe |

 

 

 

 

 

 

 

 

     
   

  

ATL GAL ICL

 

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

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
wee ee RTS WA AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFH, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00190

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.

FINDING: Upgrade of the discharge, change of reason and authority for discharge and change reenlistment
code are 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.

ISSUE:

Applicant was discharged for unsatisfactory participation from Michigan ANG on 31 August 2000.
Applicant stated on DD form 293 that he was having family issues and had to move back home to Missouri.
Applicant further stated he tried to clear up the issue with the Michigan ANG, but a couple of months had
past and he was released from Michigan ANG. ‘The Board was unable to find any documentation regarding
the discharge. Due to lack of evidence and supporting documentation to explain the discharge, the Board
concludes that the misconduct was a significant departure from the conduct expected of all military
members. The Board relies on the presumption of regularity and finds the characterization; reason for
discharge and the reenlistment code were 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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