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Decision Text

AF | DRB | CY2010 | FD-2010-00301
Original file (FD-2010-00301.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  

   

 

 

 

  
 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW

: : : is NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING HON GEN UOTHC OTHER , DENY
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ISSUES A93.01 INDEX NUMBER A84.00

 

ORDER APPOINTING THE 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

 

 

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HEARING DATE CASE NUMBER

07 Jun 2012 FD-2010-00301

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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.

 

*Narrative Reason

 

TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00301

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: The Board denies the upgrade of the discharge, change of reason and authority for the 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 received a General discharge for Unsatisfactory Participation.

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 to re-enlist and serve his
country. The record indicates the applicant served three satisfactory years of service while in the Air
National Guard. The applicant submits he made an immature decision to not show up for his drill weekends
after he was released from active duty. Because there was no evidence or supporting documentation in the
record to explain the discharge, the Board relies on the presumption of regularity and finds the
characterization; reason for discharge and the reenlistment code were appropriate.

Applicant takes full responsibility for his actions and asks the DRB for forgiveness. He cites immaturity,
recklessness and youth as the cause of his non-participation. The Board commends the applicant for taking
responsibility for his actions. However, a discharge is upgraded only if the applicant and the Board can
establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the
record, and the information submitted by the applicant, the Board found no evidence to justify an upgrade of
the discharge characterization, reason for the discharge or the reenlistment code.

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, change of narrative reason for discharge or reenlistment code, and determines the
discharge should remain unchanged.

Attachment:
Examiner's Brief

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