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AF | DRB | CY2011 | FD-2010-00057
Original file (FD-2010-00057.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

 

TYPE GEN | PERSONAL APPEARANCE

xX

RECORD REVIEW

 

 

   

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

*Narrative Reason and Authority
+RE Code

 

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550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

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ISSUES A94.53 INDEX NUMBER A67.90 ae padoe stevens yenwaa’ re
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
06 Sep 2012 FD-2010-00057

 

   

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

Names and votes will be made available to the applicant at the applicant’s request.

  

ae ee ET ETE ERK

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | 5919-00057

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.

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 request for the upgrade of the discharge, to change the reason and authority for discharge,
and to change the reenlistment code are denied.

ISSUE: Applicant received a General discharge for A Pattern of Misconduct — Conduct Prejudicial to Good
Order and Discipline

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he would like a second chance despite his discrepancies so that he may serve his country in the
Unites States Army. The record indicates the applicant was convicted under a summary court martial and
received one Article 15. His misconduct included failure to obey a no contact order (2x), disobeyed an order
to remain on base and made a false statement. 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.

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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