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

AMN	AFSNISSAN	
	PERSONAL  APPEARANCE	x	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

ISSUES

A92.35

INDEX NUMBER

A67.90

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 TIME OF PERSONAL  APPEARA\iCE
TAPE RECORDING OF PERSONAL APPEARANCE HEAR£NG

HEARING DATE	CASE NUMBER

07 Jul 2009

FD-2008-00217

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.

SIGNATURE OF RECORDER	s	s1:T.:,	.,,Q.Q._ _

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00217	

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 to exercise this right.

The following additional exhibits were submitted at the hearing: Exhibit #1: Applicant's Contentions
Exhibit #2: Letter from Exhibit #3: Letter from

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is denied.
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:

Appl icant contends the discha rge was inequitable because the infractions \Vere minor isol ated incidents and the misconduct was only brought into question during the last five months of his service.  The applicant was discharged for a pattern of misconduct, conduct prejudicial to good order and discipline, with a general, under honorable conditions discharge.  The records indicated the applicant received two Article 15s and a Letter of Reprimand (LOR) during a five month period.  The applicant received an LOR for an off-base DUI, which resulted in a civilian conviction.  He then received an Article 15 for violating a lawful order issued by	, revocation of driving privileges, by wrongfully driving on Minot AFB.  He received his second Article 15 a month later for making a false official statement to a Master Sergeant and for failing to go to a scheduled appointment.  The applicant was sent to in-patient treatment for alcohol dependence after his DUL  He did not respond to his subsequent administrative discharge.  The DRB opined that through  these administrative actions, the applicant had ample opportunities to change his negative behavior and although the misconduct spanned a five-month period, the Board concluded that the negative aspects of the applicant's service 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.

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