Search Decisions

Decision Text

AF | DRB | CY2014 | FD-2014-00055
Original file (FD-2014-00055.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)
GRADE    AFSNISSAN

PERSONAL APPEARANCE     X        RECORD REVIEW
ADDRESSANDOR ORCANIZATION OF COVNSEL


MEMBER SITIING
HON      GEN      UOTHC    OTHER
DENY
x x x
x
x


ISSUES

AOI.07

INDEX NUMBER

A93.19

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONA L EXHIBITSSUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


HEARJNC DATE     CASE NVMBER

01 May 2014      FD-2014-00055
- ·--- - - -·- -   -        -        -        - --- --
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 voteswill be made available to the applicant at the applicant's request.












TO:


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


SECRETARY OF 111EAIR FORCE PERSONNEL COUNCIL AIR FORCI: DISOfARCE REVIEW BOARD
1536 COMMAND DR. EE WINC,3RD FLOOR ANDREWS"'11,MD 20762-7001


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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2014-00055

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

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 following additional matter were considered at the hearing:
Exhibit #1: Applicant's DD Form 214, showing issuance of AF Good Conduct Medal Exhibit #2: Recommendation for Discharge Memorandum, dated 8 Apr 11
Exhibit #3: Highlighted excerpt from AFI 36-3208

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The DRB finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety that would justify a change of discharge. Therefore, the Board denies the upgrade of the discharge and change of reason and authority for discharge.

ISSUE: The applicant received a general discharge for failure in alcohol abuse treatment: refusal to participate in the program.

The applicant contends his discharge was improper because his Air Force Good Conduct Medal, which reflected his personal behavior and characterization of the majority of his service, was not presented to the Special Court-Martial Convening Authority for consideration. The record indicates the applicant was eligible for the Air Force Good Conduct Medal in January 2010, after three years of continuous active duty service. The record shows that from February thru November 2010, the applicant received five (5) Letters of Reprimand, and one (1) Article 15.

The DRB took note of the applicant's duty performance as documented by his performance reports, awards and other accomplishments. They recognized the fact that the applicant's behavior and characterization for the first three years of his service were honorable, appropriately awarding him the Air Force Good Conduct Medal. However, the Board took note that his misconduct took place after such award and concluded the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board determined the discharge was appropriate for the reasons which were the basis for this case and decided that this error did not constitute prejudicial error, i.e., there was not substantial doubt that the discharge would have remained the same if the error had not been made.

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 | CY2010 | FD-2009-00055

    Original file (FD-2009-00055.pdf) Auto-classification: Denied

    RECORD REVIE' ADDRESS AND OR ORGANIZATION OF COUNSEL UOTHC - T x ~ - - T x xX Xx t- Xx ISSUES INDEX NUMBER A93.01 A67.00 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER Of NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD PERSONAL APPEARANCE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE 17 Jun 2010 CASE NUMBER FD-2009-00055 ee Case heard in Washington, D.C. application to the AFBCMR. The Board...

  • 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 | CY2015 | FD-2014-00386

    Original file (FD-2014-00386.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffered apersonalappearancebefore theDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattached briefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2013 | FD-2013-00666

    Original file (FD-2013-00666.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...

  • AF | DRB | CY2013 | FD-2013-00685

    Original file (FD-2013-00685.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgrade ofdischargetogeneral.TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,atAndrewsAFBon 20Mar2014.Thefollowingadditionalexhibitsweresubmittedatthehearing: Exhibit#5:CollegeTranscriptsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE:ApplicantreceivedanUnderOtherThanHonorableConditions (UOTHC)dischargeforMisconduct -Drug...

  • AF | DRB | CY2015 | FD-2014-00497

    Original file (FD-2014-00497.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompleted basedontheavailable servicerecord. Theattached brief containsavailablepertinentdataontheapplicantandthefactorsleadingto thedischarge.

  • AF | DRB | CY2015 | FD-2014-00499

    Original file (FD-2014-00499.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...

  • AF | DRB | CY2015 | FD-2014-00352

    Original file (FD-2014-00352.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable,tochangethereason andauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge Review Board (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Upgrade ofthedischarge,changeofreason andauthority fordischarge,...

  • AF | DRB | CY2015 | FD-2014-00481

    Original file (FD-2014-00481.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2014 | FD-2014-00024

    Original file (FD-2014-00024.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAME or SERVICEMEMBER(LAST.FlRSTMIDDLEINITJAL)GRADE X RECORDREVJEWAFSNJSSANADDRESSAND ORORGANIZATIONOFCOUNSELMEMBERSITTINGHON OEN UOTHC OTHER DENYx•+ORDERAPPOINTINGTHEBOARDAPPLICATIONFORREVIEW OFDISCHARGE3 LETTER OF NOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHE BOARDADDITlONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHF.ARING OAT£ CASENUMBER01May 2014 FD-2014-00024 CaseheardinWashington,...