Search Decisions

Decision Text

AF | DRB | CY2014 | FD-2014-00092
Original file (FD-2014-00092.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE JNITIAL)

GRADE    AFSKISSAN



PERSONAL APPEARANCE      X        RECORD REVIEW
ADDRESS AND OR ORCANIZATION Of COUNSl:L



MEMBER SITTING   HON

GEN      UOTHC
OTHER    DENY
x x x x
x


ISSL"ES

AOl.07 A93.21

lN D£X NUMBE.R

A94.07


1 ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LE"ITER OF NOTIF!CATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITTONAL EXHlBITS SUBMITTED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDIN G OF PERSONAL APPEARANCE HEARING


HEARING DATE     CASE NUMBER

.        -
'        <        I I      I , 1   .
-        -        -        - -     .        -        -        - -      - -
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.





', i ·,   .        \ r 11 r ;

TO:
SAF/MRBR
FROM:
SECRETARY OF1lf£AIR FORCEPERSONNEL COUNCIL
FORCE DISOtAROERCVl.EW BOARD

SSO C STREET WEST,SUITE 40 RANDOLPH AFB, TX 78150-4742
AIR
1535 COMMAND DR, EE WING, JRD FLOOR A1. '\DRCVl'S AFI,MD 28762-7001


AFBQ FORM 0-2077, JAN 00         (EF-V2Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER

FD-2014-00092

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.

ISSUE: Applicant received a General discharge in accordance with AFI 36-3208, Chapter 4.

Applicant contends discharge was improper because he was processed for discharge and a separation physical was not accomplished. He feels that if it was accomplished, he would have been processed for separation via the MEB process. The record indicates that the applicant received a separation physical as annotated on DD Form 2697, dated 19 July 2013 and was medically cleared for separation. The records indicated the applicant was processed for discharge IAW AFI 36-3208, Chapter 4, in lieu of court-martial. His misconduct included absenting himself from his place of duty (3x), dereliction of duty (6x), and false official statement (4x). The applicant also received an Article 15 failing to notify his chain of command he
was not returning to work and failing to obey an order to report to work. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate.

The Board highly recommends that ifthe applicant can provide additional documented information to substantiate his issues, that he should consider exercising his right to make a personal appearance before the Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.

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-2008-00499

    Original file (FD-2008-00499.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN fe SRA -_ TYPE GEN | PERSONAL APPEARANCE 4 | RECORD REVIEW COUNSEL | NAME OF COUNSEL AND OR ORGANIZATION | "| ADDRESS AND OR ORGANIZATION OF COUNSEL. FINDING: The Board denies the upgrade of the discharge. If | had not been there for my mother she would not be alive today.” Upon review of the record, the Board was unable to find any documentation regarding the discharge in...

  • AF | DRB | CY2003 | FD2003-00095

    Original file (FD2003-00095.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0095 GENERAL: The applicant appeals for upgrade of discharge to Honorable. For your actions, you received a record of individual counseling (ROIC) on 23 Jun 98; f. On or about 3 Jun 98, you did, without authority, fail to go at the time prescribed to your appointed place of duty. For your actions, you received a LOR on 16 Sep 97; and 1.

  • AF | DRB | CY2013 | FD-2013-00409_13

    Original file (FD-2013-00409_13.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforAPatternofMisconduct-ConductPrejudicial toGood...

  • AF | DRB | CY2004 | FD2004-00147

    Original file (FD2004-00147.pdf) Auto-classification: Denied

    The DRB noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive an Honorable discharge to receive future educational entitlements. (Change Discharge to Honorable) Issue 1: Am (sic) not trying to make no excuse for my seperation (sic) from the Air Force for drug use, but all my problems in the service occur (sic) at Little Rock AFB. (Atch 1-5) e. On or about 22 January 1995, you failed to report to work on time.

  • AF | DRB | CY2001 | FD01-00123

    Original file (FD01-00123.pdf) Auto-classification: Denied

    ANDREWS AFB, MD 20762-7002 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-01-00123 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, and | change of reenlistment eligibility (RE) code. If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Attachment: Examiner's Brief FDO1-00123 DEPARTMENT OF THE...

  • AF | DRB | CY2005 | FD2005-00084

    Original file (FD2005-00084.pdf) Auto-classification: Denied

    I I NAME O F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD : E ~ : - 1 PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION I AMN I RECORD RE -iKW X ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING I VOTE O F THE BOARD HON GEN UOTHC OTHER DENT ISSUES A94.05 INDEX NUMBER A67.10 X* X* X X X * EXWIBlTS SUBMITTED T O THE BOARD ORDER APPOINTING THE BOARD APPLICA'I ION FOR REVIEW OF DISCHARGE 1 2 1 3 1 LETTER OF NOTIFICATION 4 / BRIEF OF...

  • AF | DRB | CY2005 | FD2005-00132

    Original file (FD2005-00132.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH AlC) 1. (Change Discharge to Honorable) Issue 1: Since my discharge from the US Air Force in May of 2002, I have worked hard to rehabilitate myself. Statement of Medical Condition, dated 15 Feb 02

  • AF | DRB | CY2005 | FD2004-00496

    Original file (FD2004-00496.pdf) Auto-classification: Denied

    3 R D FLOOR AM)REWS AFB, MD 20762-7002 ~ - - AF'HQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Article 15, five Letters of Reprimand, and six Records of Individual Counseling for misconduct. This is evidenced by a Record of Individual Counseling, dated 22 Jan 98. j.

  • 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 | CY2011 | FD-2008-00555

    Original file (FD-2008-00555.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN TYPE xX PERSONAL APPEARANCE RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY x x x x T x “ISSUES 494.55 PUERBUMER = A671 A13.00 1 |ORDER APPOINTING THE BOARD 2 [APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...