| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||||||
| NAME Of SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) (b)(6) |
GRADE | |||||
| TYPE GEN | I PERSONAL APPEARA NCE | x I RECORD REVIEW | ||||
| COUNSEL | NAME OF COUNSEL AND OR ORGANl7.ATION | ADDRESS AND OR ORCANIZATION OFCOUIOSEL | ||||
| YES | No | |||||
| x | ||||||
| VOTE OFTHE BOARD | ||||||
| llON | GEN | UOTllC | OTHER | DENY | ||
| (b)(6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| ISSUES |
1.NOt:X NUMBER |
EXHIBITS SUBMIITED TO TRE BOARD | ||||
| 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 EXHIBITS SUBMITTED AT TME OF PERSONAL APPEARANCE | ||||||
| TAPE RECORDING OF PERSONAL APPEARANC E HEARING | ||||||
| HEARI NG DATE 27 May 2015 |
CASE NUMBER FD-2015-00068 |
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| APPUCANT"S ISSUEAND 11"m BOARD"S DECISIONAL RATIONALE AA.E DISCUSStD ON THe AlTACHED Alll fORCE DISCHARGE R£Vl£W BOARD DECISIONAL RATIONALE. Advise appl icant 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. (b)(6) |
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| INDORSEMENT DATE: 6'1612015 | ||||||
SAF/MRBR 550 C STREET WEST.SUITE 40 RANDOLPH AFB, TX 78150-4742 |
S£CA.ETARY Of THE AIR FORCE PERSONNEL COUl'\CT L i\JR FORCE DISCHARGE REVIEW BOARD ISJS COMMAND OR. E£ WJNC, JRO FLOOR ANDREWS AFB.MD 20762-700 1 |
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| AFHQ FORM 0-2077,JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00068 |
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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: The applicant received a General discharge for Misconduct - A Pattern of Misconduct, Conduct Prejudicial to Good Order and Discipline
The Air Force Discharge Review Board, under its responsi bility to examine the propriety and equity of an applicant 's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included two Article 15's for underage drinking (2x's), failing to keep dormitory room clean and destroying government property by throwing a rock through a window of dormitory .
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does state that he was immature and has learned from his mistakes. The applicant also mentioned that since his discharge, he regularly attends AA meetings and has enrolled in a 12 step recovery program to keep him on track. The DRB was pleased to see that the applicant was doing well and is working on recovery from his past alcohol discrepancies, 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. 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 characterizat ion, reason for the discharge or the reenlistment code.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation , was within the discretion of the discharge authority, and that 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 |
AF | DRB | CY2015 | FD-2013-00068
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable,tochangethereasonofthe discharge,andtochangethereenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00235
GENERAL:Theapplicantappealsforupgradeofdischarge toHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattached briefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge. FINDING:TheBoarddeniestheupgradeofthedischarge.ISSUE:The applicantreceiveda GeneraldischargeforMisconduct-DrugAbuse
AF | DRB | CY2015 | FD-2015-00221
AIRFORCEDISCHARGE REVIEWBOARD HEARINGRECORDNAME OFSERVICEMEMBER (LAST,fCRSTMJDDLElNfTlAL)(b) (6)GRADETYPE GEN I PERSONALAPPEARANCEx I RECORDREVIEW COUNSELNAMEOF COUNSELANDORORCANIZATIONADDRESSANDOR ORCANIZATION OFCOUNSELYESNoxMEMBER SITTINGVOTEOFTHEBOARDHONGENUOTHCOTHERDENY(b) (6)xxxxxISSUESA94.53 INDEX NU!\.·1BER A66.00EXHIBITS SUBMITTEDTO...
AF | DRB | CY2010 | FD-2009-00006
FINDINGS: The Board denies the upgrade of the discharge. The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge.
AF | DRB | CY2015 | FD-2014-00755
GENERAL: Theapplicant appealsforupgradeofdischarge tol lonorable.Theapplicant wasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgradeof the discharge.ISSUE: TheapplicantreceivedaGeneral dischargeforMisconduct-CommissionofaSeriousOffense(Civilianconviction)The Air...
AF | DRB | CY2015 | FD-2015-00312
GENERAL:Theapplicantappealsforupgradeofdischarge to Honorable. Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-UnsatisfactoryPerformance
AF | DRB | CY2015 | FD-2015-00072
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 | CY2015 | FD-2015-00093
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord.Theattached briefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge
AF | DRB | CY2010 | FD-2008-00575
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN _ AMN TYPE PERSONAL APPEARANCE xX RECORD REVIEW BOUNSEL™ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL — a VOTE.OF HON GEN UOTHC xe XFL X*4 xe+ xe ISSUES A94,53 INDEX NUMBER 67.90 EXHIBITS SUBMITTED TO THE BOARD HES? The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be...
AF | DRB | CY2010 | FD-2009-00098
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 Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. Therefore the Board finds no inequity or impropriety in the processing of the discharge...