AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

AB
x	RECORD REVIEW

NAME OF COUNSEL AND Oil OllGANlZATION	ADDRESS AND Oil ORGANIZATION OF COUNSEL

MEMBER SITTING

ISSUES

A93.19

x
x
INDEX  NUMBER	A67.90

APPLICATION FOR REVIEW OF DISCHARGE LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

29 Jun 2009	FD-2008-00210

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.

X -Upgrade, Reason for Discharge, and Reenlistment Code

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COVNClL AlR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3lll> FLOOR
ANDREWS AFB, MD 2076l-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00210	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge and the reenlistment code are denied.

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:

The applicant submitted that all of his infractions were alcohol related and that he has come to terms with himself and realized that he was an alcoholic. The applicant was discharged for Misconduct, Conduct Prejudicial to Good Order and Discipline with a general discharge, under honorable conditions. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of the discharge. The record indicates the applicant received two Article 15s and two Letters of Reprimand within a one year period for driving while intoxicated, using disrespectful language to an NCO, consuming alcohol in violation of US CENTCOM General Order 1, operating a motor vehicle without a driver's license, and tal<lng prescription medication that was not prescribed to him. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance in the brief period of time he was in the Air Force. The Board concluded the characterization and reason for discharge appropriate for the reasons which were the basis for this case.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief