Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2010-00417
Original file (FD-2010-00417.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 x RECORD REVIEW
z a BBE) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
RAT RI Tern
HON GEN UOTHC OTHER DENY
Xx
x
x
: x
X
‘SSUES A92.35 INDEX NUMBER 66.00
A92.01 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
26 Jan 2012 FD-2010-00417

 

 

 

 

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
AIR 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-2010-00417

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 — Drug Abuse

Applicant contends his misconduct was an isolated incident and it should not nullify his twelve years of
excellent 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

Similar Decisions

  • AF | DRB | CY2006 | FD2005-00417

    Original file (FD2005-00417.pdf) Auto-classification: Denied

    TX 78 150-4742 AFHQ FORM 0-2077, JAN 00 ------- DATE: 5/32/3006 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1 FROM: I I (EF-V2) Previous edition will be used 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00417 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Article 15 for wrongful use of marijuana and consuming alcohol while under the age of 21, following...

  • AF | DRB | CY2010 | FD-2010-00389

    Original file (FD-2010-00389.pdf) Auto-classification: Denied

    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. 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.

  • AF | DRB | CY2010 | FD-2010-00426

    Original file (FD-2010-00426.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 X RECORD REVIEW f NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC | OTHER DENY F x x x x | x ISSUES A94.11 INDEX NUMBER A67.10 —— ae , A01.53 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...

  • AF | DRB | CY2010 | FD-2010-00348

    Original file (FD-2010-00348.pdf) Auto-classification: Denied

    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-2010-00412

    Original file (FD-2010-00412.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 X RECORD REVIEW icp : i NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN voTHC | OTHER DENY X*+ Ke X#+ X*+ i i Xe ISSUES A93.01 INDEX NUMBER A67.05 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...

  • 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...

  • AF | DRB | CY2010 | FD-2010-00439

    Original file (FD-2010-00439.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN SRA TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN uoTHC | OTHER DENY xX xX x x : x ISSUES A94,53 INDEX NUMBER A67.10 A92.35 1 |ORDER APPOINTING THE BOARD A92.03 2 {APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...

  • AF | DRB | CY2010 | FD-2010-00376

    Original file (FD-2010-00376.pdf) Auto-classification: Denied

    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. The Board reviewed the entire record and found no evidence of impropriety or inequity...

  • AF | DRB | CY2010 | FD-2010-00303

    Original file (FD-2010-00303.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. 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 DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2010 | FD-2010-00410

    Original file (FD-2010-00410.pdf) Auto-classification: Denied

    *Narrative reason and Authority +Re Code SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 dm [Qi jm ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE X*+ COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING Names and votes will be made available to the applicant at the applicant’s request. | SECRETARY OF THE amered fone AIR FORCE...