Search Decisions

Decision Text

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 TO THE BOARD -
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
19 Jan 2012 FD-2010-00439
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: FROM: =
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-2010-00439

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: The applicant was discharged with an under honorable conditions (general) discharge for minor
disciplinary infractions. He admits that he made poor choices while in the Air Force. The record indicated
the applicant received three Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment,
Record of Individual Counseling, and an Article 15. His misconduct included misuse of Government
computer, violation of no contact order, committing adultery, allowing guest to drink while underage,
arrested for drunk in public, law enforcement call to your home for a disturbance, failed to complete duty,
disrespect to a NCO, and DUI. 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.

Applicant states that his discharge did not take into account the good things he did while in the service. The
DRB took note of the applicant's duty performance as documented by his performance reports, letters of
recommendation and other accomplishments. They found the seriousness of the willful misconduct offset
any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

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 | CY2013 | FD-2013-00439_13

    Original file (FD-2013-00439_13.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischargeTheBoard findsthat neither the evidence of record nor that provided by the applicant substantiates...

  • 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 | CY2009 | FD2006-00403

    Original file (FD2006-00403.pdf) Auto-classification: Denied

    X=Change Reason and Authority and Reenlistment Code a “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-2006-00403 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for...

  • AF | DRB | CY2010 | FD-2009-00093

    Original file (FD-2009-00093.pdf) Auto-classification: Denied

    COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIMF OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 01 Jul 2010 FD-2009-00093 CC OAPPLICANT’SASSUB AND. The Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

  • AF | DRB | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2011 | FD-2009-00024

    Original file (FD-2009-00024.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 Xx Xx xX x t IN i O oe ISSUES A94.55 DEX NUMBER A67.30 bie EN TO THE BOARD = : 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...

  • AF | DRB | CY2010 | FD-2008-00404

    Original file (FD-2008-00404.pdf) Auto-classification: Denied

    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 | CY2010 | FD-2009-00025

    Original file (FD-2009-00025.pdf) Auto-classification: Denied

    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. Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.

  • AF | DRB | CY2009 | FD2008-00256

    Original file (FD2008-00256.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN 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 xX xX x xX | ISSUES AQ 4, 53 INDEX NUMBER A 67. ISSUE: Applicant submitted no issues and requested the review be completed based on the available service record. In view of the foregoing findings, the Board...

  • AF | DRB | CY2010 | FD-2008-00546

    Original file (FD-2008-00546.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge. The Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. ‘hey found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.