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SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOi .Pi I AFT3, TX 781 50-4742

the applicant at the applicant 's request.

		
		
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	J< H.OM:	SECRETARY m·THE AIR FORCE PERSONNfL COUN('!L
AIR FORCE DISCHARGE REVIEW BOARO
1535 COMMAND DR, EE WING, 3RI> t'LOOR
ANDRt'.WS M'll, Mll l07<il-1t101	

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ADDITIONAL EXl lJBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, nRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X

RECORD REVIEW

AD()Rf.SS AND 01< ORGANIZATION Of COUNSEL

x
x

ISS!JF.S

A94.05

INOEX NllMllER

A67.30

I<:XHilll'lSSUBMITT:ED 'fO TIU/ BOARD

N FOR REVIEW OF DISCHARGE OTI FJCATrON
EL FILE
REI EASE TO Tl IF BOA R D

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HF.ARING  llATE

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CASE NIJMHEll

TAPE RECORDING Of PERSONAL A PPEARANCE I !EARING
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05 Aug 2010

FD-2009-00138

Case heard in Washinglon, D.C.

Advise applicanl of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR.

Names and votes will be made available to

AfllQ FORM 0-2077, JAN 00

(EF-V2)

Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00138	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant  was oftercd 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 contai ns available perti nent data on the applicant and the factors leading to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

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:

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  He contends there were no grounds during the Special Court Martial to warrant a General discharge.  The  records indicated the applicant had a Special Court Martial for writing checks with i nsufficient funds in his account and failure to maintain funds in his account.  He was punished with a reduction in rank to Ainnan Basic and confinement.  The Board concluded that the negative aspects of the applicant's :,,1.;1v 11..'c; outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

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 appl icant was provided full administrative due process.

ln 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