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AF | DRB | CY2010 | FD-2010-00328
Original file (FD-2010-00328.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

        

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
x
x
, x
t
xX
ISSUES A93.01 INDEX NUMBER A67.00 ee ee ; : ae 7 AE SURRY ae
A01.43 1 |ORDER APPOINTING THE BOARD
A92.01 2 |APPLICATION FOR REVIEW OF DISCHARGE
A93.07 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
24 May 2012 FD-2010-00328

 

 

se ete

     

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.

 

   

    
     
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AER 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-2010-00328

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.

FINDING: The Board denies the upgrade of the discharge.
ISSUE: Applicant received a General discharge for Misconduct

Applicant contends youth and marital problems contributed to his misconduct. Additionally, he states that
his discharge did not take into account the good things he did while in the service. Upon review of the
record, 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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