Search Decisions

Decision Text

AF | DRB | CY2013 | FD-2013-00482_13
Original file (FD-2013-00482_13.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 NAME OF SERVICE l\fl:l\IBER (LAST, FIRST MIDDLE INITIAL)
 GRADE    AFSN/SSAN

X        RECORD REVIEW
 A.DDRESS AND OR ORGAl\'IZATION OFCOUNSEL


MEMBER SITTING
HON

GEN

UOTHC

OTHER    DENY


X*+ X*+ X*+
X*+



ISSUF.S  A94.05



INDEX NUMBER


A49.00




1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADD!TIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
X*+

TAPE RECORDING OF PERSONAL APPEARANC E HEARING

HEARING DATE     CASE NUMBER

11Dec 2013       FD-2013-00482

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

Il·l






- - ·-- -A ---·--···· -- --

1 .      •         .        ..       •. •      •. : .    • . •     -'.· ',>·... ..

TO:

SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742
F1l0M:

SECRETARY OFTHE AIR FQRCE PERSONNEL COUNCIL AIR FORCE DISOIAAGE Rf.VIEW BOARD
IS3S COMMAND DR, EE WING,3RD FLOOR
ANDREWS AFB,MD 2076:1-7001


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



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2013-00482

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 Unsatisfactory Participation

Applicant contends discharge was inequitable because it was too harsh and he was treated unfairly. The records indicated the applicant was absent without leave (AWOL) 2-3 October 2010, 4-5 November 2010 and 6-7 November 2010. The applicant was mailed notifications of his absences via registered mail with signature confirmation. On 15 Jan 2011, via certified mail, the applicant was mailed notification of his commander's intent to discharge him. The unit received the receipt card with signature on
23 February 2011. The applicant did not provide a response. After a complete and thorough review of the records and the evidence provided by the applicant the Board found no inequity or impropriety in his discharge. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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.

Inview 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 | CY2013 | FD-2013-00320

    Original file (FD-2013-00320.rtf) Auto-classification: Denied

    1 ORDER APPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEF OF PERSONNELFILE COUNSEL'SRELEASETOTHE BOARD ADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDING OFPERSONAL APPEARANCEHEARINGHEARING DATE CASENUMBER 28Jan2014 FD-2013-00320Caseheardviavideo-teleconferencebetweenJointBaseAndrewsMarylandandRobinsAFBGeorgia Adviseapplicantof thedecisionof theBoardandtherighttosubmitanapplicationtotheAFBCMR. Namesandvoteswillbemadeavailabletotheapplicantat...

  • 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 | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2010 | FD-2009-00008

    Original file (FD-2009-00008.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD TYPE GEN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TO: SAF/MRBR Case heard in Washington, DC. FINDING: The Board denies the upgrade of the discharge. ISSUE: Issue 1, The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.

  • AF | DRB | CY2010 | FD-2009-00028

    Original file (FD-2009-00028.pdf) Auto-classification: Denied

    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 AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- FD-2009-00028 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. After a...

  • AF | DRB | CY2010 | FD-2008-00455

    Original file (FD-2008-00455.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1536 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-2008-00455 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge. ...

  • AF | DRB | CY2011 | FD-2010-00298

    Original file (FD-2010-00298.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant was discharged following his admission that he had smoked marijuana prior to entering the Air Force and concealed that information on his entrance documents.

  • AF | DRB | CY2011 | FD-2011-00212

    Original file (FD-2011-00212.rtf) Auto-classification: Denied

    GENERAL: The applicantappealsforupgradeofdischargetohonorable. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,viavideo teleconferencebetweenAndrewsAFBMarylandandTravisAFB Californiaon22 Sep2014. The followingadditionalexhibits weresubmittedat thehearing:

  • AF | DRB | CY2013 | fd-2013-00284_13

    Original file (fd-2013-00284_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicant appealsforupgradeofdischargetohonorable,tochangethereason and authority forthedischarge,andtochangethereenlistmentcode.TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withcounsel,viavideo teleconferencebetween AndrewsAFB,Maryland,andRandolph AFB,Texas,on11Sep2013. Thefollowing additional exhibitsweresubmittedatthehearing: Exhibit # 5:Applicant'sContentionsTheattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge....

  • AF | DRB | CY2013 | FD-2013-00362_13

    Original file (FD-2013-00362_13.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEPERSONALAPPEARANCERECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSELMEMBERSITTINGGEN UOTHCOTHER DENY 1ORDERAPPOINTINGTIIEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETIEROFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCE.TAPERECORDINGOFPERSONALAPPEARANCEHEARINGllEAIUNGDATE CASENUMBER11Sep2013...