Search Decisions

Decision Text

AF | DRB | CY2011 | FD-2010-00294
Original file (FD-2010-00294.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

 

 

 

 

 

 

 

 

 

 

 

 
 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
4 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
, i | i { i | | i
i poyot fo gg X*+
Pod oe ot db ba |
Poe EE EG *
| po | Poko | X*+
po} | boy |
t j i i I i i i
re ee x
i i i i i i }
i
| { i of | | ; |
i i | i j X*+
i i i i | j
| Pop GE
j | i j i i xr
ISSUES | | shoes | i
A94,53 numer’ 467.10 za
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 HEARING
HEARING DATE CASE NUMBER
06 Sep 2012 FD-2010-00294

    

 

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 and Authority

 

   

+RE Code
0. FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00294

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.

IAW AFI 36-3213, the applicant was offered a personal appearance before the Discharge Review Board
(DRB), however failed to make a timely response to the Board’s notification of a scheduled hearing.
Therefore it has been deemed that the applicant has 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 request for the upgrade of the discharge, to change of reason and authority for discharge,
and to change the reenlistment code are denied.

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

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he believes he deserves 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 one Article 15 and
five Letters of Reprimand. His misconduct included failed to hand in ATEC Form 341 to student leader,
failed to remain in formation, behavior unbecoming a military professional by conducting a heated argument
with a classmate, failed to report to an officer, failed to carry two AETC Forms 341 at all times, failed to
participate in physical training (2x), failed to read student leaders board as directed, failed to obey an order
not to leave base, failed to remain in uniform (2x), violated medical waiver, failed to report to duty on time
(2x), and disobeyed an order by riding on a privately owned vehicle. 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

Similar Decisions

  • AF | DRB | CY2011 | FD-2010-00214

    Original file (FD-2010-00214.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW — NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING | i | } j : Pod df i of | ee ee ee i i po} bop dt gt x Po fg po oF YE i i i i i a Po] po ob | x Poof fF oF oF | Pog og poof x i i i i i i ee i pooE GY Popo Gd dy A94.53 pwn h 7.90 1 j|ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF...

  • AF | DRB | CY2011 | FD-2010-00262

    Original file (FD-2010-00262.pdf) Auto-classification: Denied

    i | Poof GEE J x i ee ee poo oG oF bE dG | i oy | | i of 4 | i ; ; i i ee ee | i 4 “ ee | HE | Poy od | rf - Po bod ot dg | ISSUES ‘493.19 INDEX NUMBER rn 67.10 oe a a is f A92.21 1 |ORDER APPOINTING THE BOARD A93.01 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 29 Mar 2012...

  • AF | DRB | CY2013 | FD-2013-00247_13

    Original file (FD-2013-00247_13.rtf) Auto-classification: Approved

    AIRFORCEDISCHARGE REVIEW BOARDHEARINGRECORDNAMEOFSERVICEMEMBER (LAST, FIRSTMIDDLE INITIAL) GRADEW!i-1,...xADDRESSAND OR ORGANIZATIONOFCOUNSEL·- •. .MEMBER SITTING HON GEN UOTHCOTHERDENYX*+ X*+ X*+A94.56INDEXNUMBERA67.10X*+1 ORDER APPOINTINGTHEBOARDAPPLICATION FORREVIEWOFDISCHARGELETTEROF NOTIFICATIONBRIEFOFPERSONNELFILE COUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCETAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATE CASENUMBER02 Aug2013 FD-2013-00247...

  • AF | DRB | CY2006 | FD2006-00012

    Original file (FD2006-00012.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGR REV1Y.W HOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 10761-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00012 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 records indicated the applicant received three Letters of Reprimand, two Letters of...

  • AF | DRB | CY2013 | FD-2013-00465

    Original file (FD-2013-00465.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADEAFSN/SSANTYPE GEN x I PERSONALAPPEARANCEI RECORD REVIEW fJ!. :k::: NAMEOFCOUNSELANDORORGANIZATION YES NoxADDRESSANDORORGANIZATIONOFCOUNSEL:_ .MEMBERSITTINGHON GENUOTHC OTHER DENY X*+ I I I IX*+ISSUES A94.05 INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4...

  • AF | DRB | CY2006 | FD2006-00018

    Original file (FD2006-00018.pdf) Auto-classification: Denied

    The records indicated the applicant received an Article 15, one Vacation, seven Letters of Reprimand, and one Memorandum for Record for misconduct. The applicant was further disciplined with seven Letters of Reprimand for being disrespectful to a commissioned officer and student leader, breaking Phase, failure to attend mandatory formations, demonstrating a lack of military bearing and using tobacco during duty hours. B A S I S ADVANCED FOR REVIEW: Appln (DD,Fm 2 9 3 ) dtd 28 Dec...

  • AF | DRB | CY2012 | FD-2012-00356_13

    Original file (FD-2012-00356_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER (LAST,FIRSTMIDDLEINITIAL)GRADE AFSN/SSANTYPE GEN PERSONALAPPEARANCENAMEOFCOUNSELAND ORORGl\J'llZATION x RECORDREVIEW ADDRESSANDORORGANIZATIO!<OFCOUNSELMEMBERSITTING HON GEN UOTHC OTHER DENY ISSUES i il jlIl A93.01A93.33 A94.05 ORDERAPPOfNTINGTHEBOARDAPPLICATION FORREVIEWOFDISCHARGELETTEROFNOTIFICATION4 BRIEFOFPERSONNELflLE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCEX*+ X*+ X*+X*+ X*+TAPE...

  • AF | DRB | CY2010 | FD-2009-00103

    Original file (FD-2009-00103.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN po AMN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW ks | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL me ae “VOTE OF THE BO cue Pepi eae tla ROR HON GEN UOTHC xX x x X ISSUES Ag 4 gs INDEX NUMBER A67.10 a SS TS SUB} ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...

  • AF | DRB | CY2006 | FD2005-00454

    Original file (FD2005-00454.pdf) Auto-classification: Denied

    Applicant received an Article 15 and five Letters of Reprimand for misconduct to include disclosing testing material to a fellow student, failing to obey lawful general regulation (violated Phase I by-- I), not wearing appropriate off duty uniform (three times), breaking curfew, breaking tobacco policy, not carrying AETC IMT 341, failure to use proper reporting statement, having possession of personal electronic devices which were locked up by MTL; failed room inspection (five times),...

  • 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. 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...