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Decision Text

AF | DRB | CY2011 | FD-2010-00016
Original file (FD-2010-00016.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
YES No
xX
; fo ey eT ~~ HON | GEN. | UOTHC | OTHER DENY
- 4
TEP r yy
i | po obod. xX
I pb ot dod.
{ } | 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 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

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