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AF | DRB | CY2011 | FD-2010-00270
Original file (FD-2010-00270.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

      
 
  

AFSN/SSAN

 

     
  

TYPE GEN | | PERSONAL APPEARANCE RECORD REVIEW

Be ;| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANEZATION OF COUNSEL

 

 

 

 

ISSUES A94.05 avu/.10

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

BRIEF OF PERSONNEL FILE
| _|COUNSEL’S RELEASE TO THE BOARD
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

LETTER OF NOTIFICATION
4

 

PERSONAL APPEARANCE
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING

  
 
 

        

  

HEARING DATE CASE NUMBER

01 Dec 2011 FD-2010-00270

     

 

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.

*Narrative Reason for Authoritv

seat STS

    
 

TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

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

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2010-00270

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

ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions

Although not explicitly stated, the applicant believes his discharge was inequitable because it was too harsh.
The applicant stated he should have received an honorable discharge under the Force Shaping program. The
Board noted that even though the applicant may have been selected for discharge under Force Shaping, an
administrative discharge based on misconduct took precedence over the Force Shaping discharge.
Additionally, the applicant submits that he would like a second chance despite his discrepancies so that he
may serve his country in the Unites States military again. The record indicates the applicant received two
Article 15s, and four Letters of Reprimand. His misconduct included driving under the influence, failed to
brief at guard mount, late for duty, failed to follow instructions which resulted in damage to a vehicle and
injury to the applicant, disobeyed a no contact order, and disobeyed an order not to drive on base. 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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