AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
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MEMBER SITTING HON GEN UOTHC OTHER DENY
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ISSUES A92.21 INDEX NUMBER A67.10 a : v a Pe
A93.01 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
07 Jun 2012 FD-2010-00387
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.
TO:
SAF/MRBR . SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00387
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 that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions.
Although not explicitly stated, applicant contends his discharge was inequitable because it was unnecessary
and unwarranted. He submits he deserves a second chance despite his discrepancies because he has matured
and has proven himself through his post service conduct. The record indicates the applicant received an
Article 15 and three Letters of Reprimand (LORs) for misconduct. His misconduct included failure to go to
an appointment, leaving work station without authority, failure to go to duty, showing disrespect to a senior
non-commissioned officer, and stealing military property. The applicant contends the second incident
involving possession of a practice magazine was a miscarriage of justice, but there is no evidence the
applicant responded to any of his LORs at the time of the incidents. As such, The Board opined that through
the administrative actions taken, the applicant had ample opportunities to change his behavior. They found
the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.
The DRB was pleased to see that the applicant was participating in the community and supporting his family
since his discharge. However, no inequity or impropriety in his discharge was suggested or found in the
course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his
term of service. 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
AF | DRB | CY2011 | FD-2010-00271
The record indicates the applicant received a two Article 15s and a Letter of Reprimand. The Board concluded that the seriousness of the applicant’s willful misconduct outweighed the positive contributions he made in his Air Force career. The Board was
AF | DRB | CY2010 | FD-2009-00177
FINDING: The Board denies the upgrade of the discharge and change of reason and authority for discharge, and change of reenlistment code are denied. Issue 2, Applicant contends the Board should take into account his post-service activities. However, the DRB opined that there was no relationship between the applicant’s illness and his misconduct and concluded the characterization of the discharge received by the applicant was appropriate.
AF | DRB | CY2010 | FD-2009-00002
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 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. 8 Jul 04: LOR for failure to go.
AF | DRB | CY2010 | FD-2008-00580
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. FINDING: The Board denies the upgrade of the discharge. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2009 | FD2008-00217
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN AMN PERSONAL APPEARANCE X 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 A92.35 INDEX NUMBER A67.90 - ATUBTES SUB : 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 | CY2010 | FD-2009-00021
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW “COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL TAP oa eta i faces a Fa cM TE ORE BORD ie ; GEN UOTHC OTHER DENY x x ~ _ 7 | x | x | Xx = oe maT ISSUES A95.00 INDEX NUMBER A67.9 0 & § SL BMITTED TO THE BOARD. APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING —_ aie tw HEARING DATE CASE...
AF | DRB | CY2010 | FD-2009-00008
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD TYPE GEN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TO: SAF/MRBR Case heard in Washington, DC. FINDING: The Board denies the upgrade of the discharge. ISSUE: Issue 1, The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.
AF | DRB | CY2009 | FD2008-00192
Therefore, his request for upgrade was reviewed based upon the record and his submission. 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. In addition, the applicant received an LOR for test driving a Honda, informing the sales person that he would return the car at 1730 that evening.
AF | DRB | CY2010 | FD-2010-00348
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. FINDING: The Board denies the upgrade of the discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge.
AF | DRB | CY2010 | FD-2008-00566
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN po AB TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW _ COUNSEL.) FINDING: The Board denies the upgrade of the discharge. AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, paragraph 3.8.1 states that commanders shall refer all service members for assessment when substance abuse is suspected to be a contributing factor in any incident, such as DUI.