NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
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ny x + *
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ISSUES A94.06 INDEX NUMBER A67.50
A93.22 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 AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
31 May 2012 FD-2010-00302
Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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.
{‘ETARIAL
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00302
GENERAL: The applicant appeals for upgrade of the discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 31 May 2012.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
Exhibit #6: Department of Veterans Affairs Rating Decision
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The request for the upgrade of the discharge and to change the reason and authority for the
discharge are granted, however the request to change the reenlistment code is denied.
ISSUE: Applicant received a General discharge for Misconduct — A Pattern of Misconduct
Applicant contends discharge was inequitable because it was too harsh. He believes the majority of his
misconduct was related to his diagnosis of upper airway resistance syndrome while on active duty and sleep
apnea by The Department of Veterans Affairs within one year of his discharge. The records indicated the
applicant received one Article 15, four Letters of Reprimand, two Letters of Counseling, and one Record of
Individual Counseling for misconduct. His misconduct included failure to go to duty on time (7x) and due to
overindulgence of intoxicating alcohol unable to report to physical training. After a thorough and complete
review of the records, the information submitted by the applicant, and the applicant’s testimony the Board
concluded the applicant’s sleep disorder was serious enough to impair his ability to meet military standards
and opined it was inequitable to discharge him prior to giving him the opportunity to meet the full benefits of
treatment. The majority of the Board agreed to upgrade the discharge to honorable and change the
applicant’s reason and authority for discharge; however the reenlistment code will remain the same.
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.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by an Honorable discharge and the reason for the discharge is more
accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.
Attachment:
Examiner's Brief
AF | DRB | CY2015 | FD-2014-00642
GENERAL: The applicant appeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief contains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2009-00044
* CHANGE RE CODE + CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY 580 C STREET WEST, SULLE 4u 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00044 GENERAL: The applicant appeals for upgrade to honorable, change reason and authority and authority and change reenlistment code. he Board finds that neither the evidence of record...
AF | DRB | CY2011 | FD-2010-00228
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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 DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2013 | FD-2013-00247_13
AIRFORCEDISCHARGE REVIEW BOARDHEARINGRECORDNAMEOFSERVICEMEMBER (LAST, FIRSTMIDDLE INITIAL) GRADEW!i-1,...xADDRESSAND OR ORGANIZATIONOFCOUNSEL·- •. .MEMBER SITTING HON GEN UOTHCOTHERDENYX*+ X*+ X*+A94.56INDEXNUMBERA67.10X*+1 ORDER APPOINTINGTHEBOARDAPPLICATION FORREVIEWOFDISCHARGELETTEROF NOTIFICATIONBRIEFOFPERSONNELFILE COUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCETAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATE CASENUMBER02 Aug2013 FD-2013-00247...
AF | DRB | CY2011 | FD-2010-00072
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN X PERSONAL APPEARANCE RECORD REVIEW = NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X*+ X*+ | xX* + X*+ X*+ ISSUES A92.02 INDEX NUMBER A67.50 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...
AF | DRB | CY2015 | FD-2014-00070
GENERAL: TheapplicantappealsforupgradeofdischargetoGeneral. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel, atAndrewsAFBonJune 29, 2015. Therewerenoadditionalexhibitssubmittedatthehearing.
AF | DRB | CY2013 | FD-2013-00599
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authorityforthedischarge,andtochangethereenlistmentcode.The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at AndrewsAFBon04 Apr2014.Thefollowingadditionalexhibitsweresubmittedat thehearing: Exhibit#5:CharacterreferenceletterTheattachedbriefcontainsavailablepertinentdataon theapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard...
AF | DRB | CY2012 | FD-2012-00622_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochange the reason andauthorityforthedischarge,andtochangethereenlistmentcode.TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel, at AndrewsAFBon06Aug 2013. Thefollowingadditionalexhibitsweresubmittedatthehearing:Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:...
AF | DRB | CY2010 | FD-2008-00444
FINDING: The discharge is upgraded to Entry Level. However, based upon the record and evidence provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable. The DRB opined that the type of minor disciplinary infractions the applicant committed, along with the technical school washout, is the type of behavior we are looking for during the initial six months of service to determine whether to separate an individual under an Entry Level Separation.
AF | DRB | CY2013 | FD-2013-00489
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL) GRADE AFSN/SSAN TYPE GEN x PERSONALAPPEARANCE RECORDREVIEWNAMEOF COUNSELANDORORGANIZATION ADDRESSAND ORORGANIZATIONOFCOUNSELxMEMBER SITTING UOTHC OTHER DENY X*+ X* +X*+ISSUESA94.05 A93.09 INDEX NUMBERA67.10X*+ORDERAPPOINTINGTHEBOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION 4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF...