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Decision Text

AF | DRB | CY2010 | FD-2010-00346
Original file (FD-2010-00346.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE AFSN/SSAN

 

TYPE GEN | PERSONAL APPEARANCE

 

x RECORD REVIEW

 

 

: NAME OF COUNSEL AND OR ORGANIZATION

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
COE QTR WPAT Tenor X*+
COL xK* +
LTC X*+
MAJ K¥+
MSG
| issugs A94.53 INDEX NUMBER A67.30 fee
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
26 Jan 2012 FD-2010-00346

 

     
 

Case heard in Washington, D.C.

application to the AFBCMR.

*Narrative Reason and Authority
+RE Code

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

Names and votes will be made available to the applicant at the applicant’s request.

 

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-2010-00346

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 request for the upgrade of the discharge, to change on reason and authority for discharge,
and to change of reenlistment code are denied.

ISSUE: Applicant received a General discharge for Misconduct — Commission of a Serious Offense

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he would like a second chance despite his discrepancies so that he may serve his country in the
Unites States Army. The record indicates the applicant was convicted under a Summary Court Martial. He
was found guilty of unlawfully restraining another individual with his body. The Board found the
seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The
Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of
the discharge.

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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