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AF | DRB | CY2011 | FD-2010-00137
Original file (FD-2010-00137.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ORDER APPOINTING THE BOARD

 

 

 

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APPLICATION FOR REVIEW OF DISCHARGE

_ {LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

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COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

HEARING DATE CASE NUMBER

29 Aug 2012

FD-2010-00137

 

Case heard in Washington, D.C.

application to the AFBCMR.

 

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SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

FROM:

 

 
   

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.

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

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(EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00137

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 he failed to make a timely response to the Board’s notification of a scheduled hearing.
Therefore it was deemed the applicant 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.

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: Applicant received a General discharge for Misconduct — A Pattern of Misconduct

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates
the applicant received an Article 15 and two Letters of Reprimand for misconduct. His misconduct included
drinking underage, disorderly conduct, altering date of birth on military identification, failure to update
driving under influence sign as directed, driving under the influence, and having a loaded firearm in vehicle.
The Board opined that through the administrative actions taken, 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 the discharge was appropriate
for the reasons listed.

Applicant appeals for an upgrade so that he can further his education. The Board commends the applicant
for wanting to pursue an education. However, a discharge is upgraded only if the applicant and the Board
can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of
the record, the Board found no evidence to justify 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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