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Decision Text

AF | DRB | CY2011 | FD-2010-00300
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 
     
  
 

AFSN/SSAN

 

 

 

| PERSONAL APPEARANCE

Xx

| RECORD REVIEW

 

 
 

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL |

 

 

 

ISSUES

INDEX NUMBER

A92.35

MEMBER SITTING |

a

 

 

HON GEN

 

 

 

 

 

i
j

A66.00

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

&|QiN j=

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

CASE NUMBER

HEARING DATE

01 Feb 2012

 

FD-2010-00300

 

Case heard in Washington, DC.

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.

 

 

  

 

 

 

ee

   

 
 

 

 

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR 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-2010-00300

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 that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends his discharge was inequitable because it is based on one isolated incident in 39
months of service. The record reflects the applicant received General discharge for Misconduct: Drug
Abuse. 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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