Search Decisions

Decision Text

AF | DRB | CY2013 | FD-2013-00616_13
Original file (FD-2013-00616_13.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)
GRADE


X        RECORD REVIEW
ADDRESS ANDOR ORCANIZ.ATION OF COUNSEL



MEMBER SITTING

HON      GEN      UOTHC
O THER    DENY

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






ISSUES


A94.01 A93.19 A92.21



INDEX NUMBER


A67.10



1       
ORDER APPOINTING THE BOARD
2       
APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL' S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
X+*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE     CASE NUMBER

03 Oct 2013      FD-2013-00616

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
*Reenlistment Code







TO:

SAFIMRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB,TX 78150-4742

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCH.ARCE REVIEW BOARD
153SCOMMAND DR. EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762- 001


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




AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER

FD-2013-00616
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: Upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied.

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: The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary infractions. Applicant asks for clemency and feels it is an injustice to continue to suffer the adverse consequences of a bad discharge. She submits she is undergoing treatment for her alcoholism as justification for clemency. The record indicates the applicant received two Article 15s and a Letter of Reprimand. Her misconduct included possession of alcohol while underage, underage alcohol consumption, with intent to deceive signed false official statement, and failure to go to duty. The Board is pleased to hear
of this progress since her discharge and encourages her to continue to pursue a sober life; however, clemency is outside of the scope and authority of the Discharge Review Board. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge.
After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge

Applicant states that her discharge did not take into account the good things she did while in the service. The DRB took note of the applicant's duty performance as documented by her 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.

The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 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.

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 | CY2013 | FD-2013-00318_13

    Original file (FD-2013-00318_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicant appeals forupgradeofdischargetohonorable. Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthedischarge.ISSUE:Applicantreceived aGeneraldischarge forSubstanceAbuse Treatment Failure-Failure inthe...

  • AF | DRB | CY2013 | FD-2013-00268_13

    Original file (FD-2013-00268_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...

  • AF | DRB | CY2013 | FD-2013-00549_13

    Original file (FD-2013-00549_13.rtf) Auto-classification: Denied

    GENERAL: The applicantappeals forupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:...

  • AF | DRB | CY2015 | FD-2013-00121

    Original file (FD-2013-00121.rtf) Auto-classification: Denied

    GENERAL:Theapplicant appealstochangethereasonand authorityforthe discharge. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel, at AndrewsAFBon11June2015.Apersonalstatementandarevisedpersonal statementweresubmittedat thehearing.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingto thedischarge. FINDING: TheBoarddenies thechangeofreasonandauthorityfor dischargeandchangeof reenlistment code.TheBoard findstheapplicant...

  • AF | DRB | CY2009 | FD2007-00404

    Original file (FD2007-00404.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 4 RECORD REVIEW 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL Bea oe MEMBER SITTING HON GEN uoTHC | OTHER | DENY — xX x x x x 7 =e ISSUES A92.01 INDEX NUMBER A67.10 ee : E t 94.05 1 |ORDER APPOINTING THE BOARD 2. The Board concluded that the negative aspects of the applicant’s service outweighed the positive...

  • 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 | CY2015 | FD-2015-00072

    Original file (FD-2015-00072.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappeals forupgradeofdischargetoHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgradeofthe discharge.ISSUE:The applicant receivedaGeneral discharge forMisconduct -Minor DisciplinaryInfractionsTheAirForceDischargeReviewBoard,underits...

  • AF | DRB | CY2010 | FD-2009-00150

    Original file (FD-2009-00150.pdf) Auto-classification: Denied

    ou NDORSEMENT SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 Advise applicant of the decision of the Board, the nght to a personal appearance with/without counsel, and the right to submit an SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, IRD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (FF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00150 GENERAL: The applicant...

  • AF | DRB | CY2013 | FD 2013 00263

    Original file (FD 2013 00263.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsfor upgradeofdischargetohonorable Thefollowing additionalexhibitsweresubmittedatthe hearing:Exhibit5:CertificatesExhibit6:NewsarticleTheattachedbriefcontainsavailablepertinentdataonthe applicantandthe factors leadingtothe discharge. TheBoard opined theapplicantwasolderthanthevastmajorityoffirst-tennmemberswhoproperlyadheretotheAirForce'sstandardsofconduct.

  • AF | DRB | CY2013 | FD-2013-00263

    Original file (FD-2013-00263.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsfor upgradeofdischargetohonorable Thefollowing additionalexhibitsweresubmittedatthe hearing:Exhibit5:CertificatesExhibit6:NewsarticleTheattachedbriefcontainsavailablepertinentdataonthe applicantandthe factors leadingtothe discharge. TheBoard opined theapplicantwasolderthanthevastmajorityoffirst-tennmemberswhoproperlyadheretotheAirForce'sstandardsofconduct.