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AF | DRB | CY2010 | FD-2010-00430
Original file (FD-2010-00430.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
= : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING : HON GEN UOTHC OTHER DENY
x
x
x
x
x
‘ISSUES A94.53 INDEX NUMBER A67.10
1 J|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-2010-00430

 

 

 

    
 

     
 

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
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 | pp_5919-00430

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 — Minor Disciplinary Infractions

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates
the applicant received one Article 15, five Letters of Reprimand, and a Record of Individual Counseling.
His misconduct included failure to perform interior inspections of a facility, failed to complete physical
training test, failed to follow leave procedures, failed to go to duty on time, drove with a suspended license,
failed to prepare for deployment, with intent to deceive made a false statement, failed to execute duties,
failed to wear required gear, and apprehended by civilian authorities for driving while intoxicated, failing to
maintain lane and driving with a suspended license. The Board opined that through these administrative
actions, 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 Board reviewed the
entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on

September 12, 2006) that he understood he must receive an Honorable discharge to receive future
educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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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