| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||
| NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL) | GRADE | |
| X RECORD REVIEW | ||
x (b) (6) |
ADDRf.SS AND OR ORCANl:tATION OF COUNSEL (b) (6) |
|
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00436 |
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 the reason and authority for discharge, and to change the reenlistment code is denied. ISSUE: Applicant received a General discharge for Fraudulent Entry Applicant contends discharge was improper because he was directed by his NCO leadership to waive his right to legal representation. Additionally, he states his discharge is inequitable because it did not take into account the good things he did while in the service. The applicant admitted to using cocaine approximately four times between November 2002 and January 2003 in a sworn statement on an AF Form 2519 (Sensitive Compartmented Information Pre-Screening Interview), dated 24 February 2004, and in a statement dated 14 May 2004. However, his records indicated the applicant deliberately misrepresented himself and concealed these facts on the AF Form 2030 (USAF Drug and Alcohol Abuse Certificate), Section II, signed by the applicant on 27 February 2003, DD Form 1966 (Record of Military Processing), questions 26, sighed by the applicant on 27 February 2003 and on the Standard Form 86 (Questionnaire for National Security Positions), question 24a signed by the applicant on 27 Feb 2003. After a complete and thorough review of the applicant records and the information provided by the applicant the Board found the applicant's contention of impropriety to have no merit. The applicant was notified of his right to consult legal counsel on 24 May 2004, when he was served with his discharge notification. The applicant consulted counsel on 28 May 2004 and submitted a statement on his own behalf. Furthermore, the DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
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-2008-00436
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN Pe AMIN pe TYPE PERSONAL APPEARANCE X RECORD REVIEW “COUNSEL NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL. _ 1] JORDER APPOINTING THE BOARD 2 [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIFF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF...
AF | DRB | CY2006 | FD2005-00436
(Change Discharge to Honorable Discharge, and Change the Reason and Authority for Discharge) ISSUES ATTACHED TO BRIEF. SUBJECT: Discharge Upgrade Request Dear Members (DRB), 1.1 am a Veteran of the United States Air Force I served in the 22Dd Maintenance Squadron of McConnell AFB, as an Aircraft Fuel Systems Journeyman, I have bad the chance to review my military records and the contents of my Discharge notification Package. For this misconduct you received an Article 15, dated 27 October...
AF | DRB | CY2013 | FD-2013-00548_13
AIRFORCEDISCHARGEREVIEWBOARD HEARINGRECORD NAME OFSERVICEMEMBER (LAST,FIRSTMIDDLEINITIAL)GRADE AFSNISSAN X RECORDREVIEADDRESSANDORORGANIZATIONOFCOUNSELMEMBER SITTINGHON GEN UOTHCOTHER DENY A86.00 A94.S5 1ORDERAPPOINTINGTIIE BOARD 2APPLICATION FORREVIEWOFDISCHARGE 3 LETTEROFNOTIFICATION4BRIEFOFPERSONNEL FILE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARING HEARING DATE CASENUMBER03Oct 2013 FD-2013-00548...
AF | DRB | CY2013 | FD-2013-00409_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforAPatternofMisconduct-ConductPrejudicial toGood...
AF | DRB | CY2013 | FD-2013-00768
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:...
AF | DRB | CY2013 | FD-2013-00372_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSNISSANPERSONALAPPEARANCE x RECORDREVIEWADDRESSANDORORCANIZATIONOFCOUNSELHON GEN UOTHC OTHER DENYA93.0lA67.101 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITIEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEAR.INGDATE CASENUMBER...
AF | DRB | CY2003 | FD2003-00370
Attachment: Examiner's Brief FD2003~-00370 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) MISSING MEDICAL RECORDS 1. discharge. (Atch 1.3) d. On 1 April 01, you operated a vehicle in a reckless manner and having been restricted to the limits of Edwards AFB, broke restriction, as evidenced by an AF Form 3070 (Article 15) dated 5 Jun 01.
AF | DRB | CY2013 | FD-2013-00597_13
AIRFORCEDISCHARGEREVIEWBOARDREARINGRECORDGRADE t\FSNISSANX RECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSELMEMBERSITTINGGEN UOTHCOTHER DENY xISSUESAOl.43A94.55INDEXNUMBERA60.001 ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3LETIEROFNOTIFICATION4BRJEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDmONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER17Oct2013...
AF | DRB | CY2013 | FD-2013-00603_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2013 | FD-2013-00537_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.