NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
TYPE GEN | PERSONAL APPEARANCE
x | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
Case heard in Washington, D.C.
application to the AFBCMR.
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
issues 94.53 0.00
A01.43 1 |ORDER APPOINTING THE BOARD
2 _J|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
18 May 2012 FD-2010-00269
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
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00269
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.
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 — (Paragraph Unknown).
Applicant submitted no issues regarding the inequity or impropriety of his discharge and takes responsibility
for the mistakes he made in the past. The applicant does submit that he believes he deserves a second
chance despite his discrepancies to take advantage of the GI Bill and to continue to become a better citizen.
The record indicates the applicant received two Article 15s for misconduct. Acts of misconduct cited in the
record include commission of adultery with another airman and failure to obey an order regarding being in
an unauthorized location during restricted hours. 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.
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted
that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood
he must receive an Honorable discharge to receive future educational entitlements. The Board was
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of
inequity or impropriety which would warrant an upgrade.
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-2009-00107
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE fa TAPE RECORDING OF PERSONAL APPEARANCE HEARING ete bs | HEARING DATE CASE NUMBER 08 Apr 2010 FD-2009-00107 SOLE ANTE SEORICH x Case heard in Washington, D.C. The applicant was offered a personal...
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW Pee 7 .| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL Ee OTHER DENY MEMBER SITTING ISSUES A94.53 INDEX NUMBER A67.10 [eee «EX 11Bl Ss 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOVIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS...
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OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL VOTEOR-TIEE- BOARD HON GEN UOTHC / OTHER DENY x Xx x Xx L _| x | Issues SaaS NUMER rr = : “ED TO THE ISSUES A94.53 INDEX NUM A67.00 EXHIBITS SUBMITTED TO THI BOARD 1 JORDER 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...
AF | DRB | CY2010 | FD-2008-00415
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ee ao AB PERSONAL APPEARANCE Xx RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING ae ae EXPIBITS SUBMITTED” ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL I'ILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF...
AF | DRB | CY2009 | FD2008-00234
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | 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 x xX x xX ISSUES A94,53 INDEX NUMBER A49.00 s 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...
AF | DRB | CY2010 | FD-2009-00134
FINDING: The Board denies the upgrade of the discharge. The record indicates the applicant received two Article 15s, three Letters of Reprimand, two Letters of Counseling and three Records of Individual Counseling. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
AF | DRB | CY2015 | FD-2015-00235
GENERAL:Theapplicantappealsforupgradeofdischarge toHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattached briefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge. FINDING:TheBoarddeniestheupgradeofthedischarge.ISSUE:The applicantreceiveda GeneraldischargeforMisconduct-DrugAbuse
AF | DRB | CY2010 | FD-2009-00034
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 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. The Board reviewed the entire record and found no evidence of impropriety or inequity...
AF | DRB | CY2010 | FD-2008-00596
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
AF | DRB | CY2010 | FD-2009-00064
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 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. Applicant submitted no issues regarding the inequity or impropriety of his discharge...