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Decision Text

AF | DRB | CY2010 | FD-2010-00386
Original file (FD-2010-00386.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
xX
MEMBER SITTING HON GEN uoTHC | OTHER DENY
-—
x
x
x
Xx
ISSUES A92.35 INDEX NUMBER A67.00
A94.55 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
HEARING DATE CASE NUMBER
12 Jan 2012 FD-2010-00386
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.

 

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

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00386

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.

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 Misconduct---Other.

The applicant states his discharge was inequitable because it was based on two isolated incidents in 59
months of service with no other adverse actions. Subject contends both incidents were unrelated and
occurred 36 months apart from each other. The record states the applicant received an Article 15 dated 8
September 2008 for wrongfully using your Government Travel Card for other than official travel related

 

expenses between on or abou April 2009 and on or abou uly 2009. Unfortunately, applicant’s
discharge processing file was unavailable to the Board for review due to being missing from record. Because
member’ discharge file was unavailable to the Board for review, the Board was unable to conclusively
ascertain the nature of misconduct on member’s part that formed the basis for the discharge. The Board also
could not determine if member consulted counsel or submitted statements in his own behalf at the time of
discharge. Since there was no evidence to substantiate any inequities or improprieties, the Board relies on the
presumption of regularity and finds the discharge proper and without basis for upgrade.

The Board highly recommends that if the applicant can provide additional documented information to
substantiate their issue(s), that he should consider exercising their right to make a personal appearance
before the Board. If the applicant chooses to exercise this right, he should be prepared to provide the DRB
with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well
as any contributions to the community.

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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