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Decision Text

AF | DRB | CY2011 | FD-2010-00113
Original file (FD-2010-00113.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

Amn e eee ee ee ees mee

ams te mew eee eee eR RR

GRADE AFSN/SSAN

 

    
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

TO:
SAF/MRBR

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
a NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN voTHC | OTHER DENY
xX
xX
xX
xX
X
ISSUES AOL 43 INDEX NUMBER A67.00 Ee : f
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
08 May 2012 FD-2010-00113

 
   

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.

a UML:

 

 

 

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 FD-2010-00113

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

Applicant contends his discharge was inequitable because it was based on an isolated incident. The record
indicates the applicant pled guilty and was convicted under a General Court Martial for possession of
cocaine, possession of cocaine with intent to distribute and transporting an illegal drug in a government
vehicle. 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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