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
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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ISSUES A01.43 INDEX NUMBER A66.0' i ae Besa
A94,55 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
24 Aug 2012 FD-2010-00016
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.
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)
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CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 5919-00016
GENERAL: The applicant appeals for upgrade of discharge to honorable.
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.
Therefore it has been deemed that the applicant has waived his right to a personal appearance and the DRB
completed a review of the discharge based on the available service records.
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 he is innocent of the offense. 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
AF | DRB | CY2010 | FD-2009-00016
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” "| aM OF COUNSEL ANDOR ORGANIZATION - ADDRESS AND OR ORGANIZATION OF COUNSEL - OY GXOTE OF THE BOARD: c HON GEN UOTHC OTHER DENY — cra _ - = Xx x x x x ISSUES INDEX NUMBER ~ 7 G CESSIRITS SUBMITTED TO THE BOARD. 2 |APPLICATION FOR REVIEW OF DISCHARGE . FINDING: The Board denies the upgrade of the discharge.
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-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 | 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 | CY2009 | FD2008-00109
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 pear oue: x NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES N = The American Legion Queen Baker 1608 K Street NW Washington DC xX 20006 MEMBER SITTING HON GEN UOTHC OTHER DENY x x x xX ISSUES A94.05 INDEX NUMBER A67.30 | EAD SUB) 1 |ORDER APPOINTING THE 2 |APPLICATION FOR REVIEW OF DISCHARGE 3...
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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...
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ISSUES A93.01 INDEX NUMBER A84.00 EXHIBITS SUBMITTED TO THE BOARD A94,55 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL VILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 17 Dec 2009 FD-2009-00001 APPLICANT'S ISSUE-AND THE:BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE:ATTACHED AIR FORCEDISCHARGE REVIEW:...
AF | DRB | CY2011 | FD-2010-00251
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING ~~ HON | GEN. | UOTHC | OTHER | DENY xX ¢ x Xx L Xx x ISSUES A92.35 INDEX NUMBER - A66.00 A92.21 1 |ORDER APPOINTING THE BOARD A92.01 2. |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO...
AF | DRB | CY2011 | FD-2009-00576
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 | CY2010 | FD-2010-00303
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.