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
Po fo do | fo] :
} : { : HON GEN UOTHC OTHER DENY
i i { | T
i ft | Xx
Pitt
| | : i x
i i {
PoE EG
\ \ i : ; : x
Pod ob | ig
i : oid
| |
i | | , INDEX samme !
mours— A93.23 A66.00
A94.05 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 BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
30 Aug 2012 FD-2010-00432
Pe SUSSUE-AND TH ARIS 'D TRIER?
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.
1 i i i 4 5 i i a i x A
i 3 .
i | | Lj || | | PY | tog.
Poy | Po |oa | i Poa tot |
L i i i \ \ | | f i | po
, TO. FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
$50 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-2010-00432
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
The applicant contends discharge was inequitable because it was too harsh. He states he was depressed
based on the fact he had been notified by his commander he was selected for separation from the Air Force
under the Force Shaping Program. The record shows that the applicant was identified as using marijuana
through a random urinalysis test. After review of the record, the Board found no evidence to indicate that the
applicant did not know right from wrong or that in his three years and three months of service was unaware
of the Air Force policy of zero tolerance to drug use. Additionally, the Air Force has several counseling
options available to members in need of help dealing with depression. The Board found the negative aspects
of the willful misconduct outweighed the positive aspects of the applicant’s performance and concluded that
the discharge was appropriate.
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, 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
AF | DRB | CY2011 | FD-2010-00016
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 YES No xX ; fo ey eT ~~ HON | GEN. | UOTHC | OTHER DENY - 4 TEP r yy i | po obod. { } | i q i ' i xX | | | | | : | | : xX | Loy x 1 4 D ISSUES A01.43 INDEX NUMBER A66.0' i ae Besa A94,55 1 [ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF...
AF | DRB | CY2010 | FD-2008-00404
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN a SRA _ TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ” VOTE OF THE BOARD : GEN UOTHC OTHER ‘DENY x x Xx Xx x | issues A203. 2~Ot*~*«
AF | DRB | CY2011 | FD-2010-00137
FINDING: The Board denies the upgrade of the discharge. Applicant appeals for an upgrade so that he can further his education. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge.
AF | DRB | CY2011 | FD-2010-00294
IAW AFI 36-3213, the applicant was offered a personal appearance before the Discharge Review Board (DRB), however failed to make a timely response to the Board’s notification of a scheduled hearing. FINDING: The request for the upgrade of the discharge, to change of reason and authority for discharge, and to change the reenlistment code are denied. ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions Applicant submitted no issues regarding the...
AF | DRB | CY2010 | FD-2009-00103
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN po AMN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW ks | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL me ae “VOTE OF THE BO cue Pepi eae tla ROR HON GEN UOTHC xX x x X ISSUES Ag 4 gs INDEX NUMBER A67.10 a SS TS SUB} ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...
AF | DRB | CY2010 | FD-2009-00156
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 COUNSEL NAME OF COUNSEL AND GR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTE OF THE:BOARD MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x x SS ws 7 jl — ms mm Tr a 5 ms ae Tn ISSUES A93.19 INDEX NUMBER AG67.10 EXHIBITS SU MIL EES A93.23 1 |ORDER APPOINTING THEBOARD A94.05 2 APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER...
AF | DRB | CY2010 | FD-2009-00142
THE ATTACHED AIR LORCE DISCHARGE REV EW SOARD DECISIONAL RATIONALE. Names and votes will be made available to the applicant at the applicant’s request. FINDING: The Board denies the upgrade of the discharge.
AF | DRB | CY2010 | FD-2010-00389
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 | CY2011 | FD-2010-00214
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 MEMBER SITTING | i | } j : Pod df i of | ee ee ee i i po} bop dt gt x Po fg po oF YE i i i i i a Po] po ob | x Poof fF oF oF | Pog og poof x i i i i i i ee i pooE GY Popo Gd dy A94.53 pwn h 7.90 1 j|ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF...
AF | DRB | CY2010 | FD-2008-00601
DATE S0201017 TO: , FROM: SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL : AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND Dk, EE WING, 3RD FLOOR RANDOLPH AFR, 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-2008-00601 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change...