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

AFSN/SSAN

•	TYPE	PERSONAL  APPEARANCE

AlC
x

RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBER SITTING

x x x
x
x

ISSUES

A95.00

INDEX  NUMBER

A67.90

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 TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

07 Jul 2009	FD-2008-00218

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:lt'.:NATl!RF OF RRC'OROF.R

i SIGNATURE OJ' BOARD PRESIDENT

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 20761-7001

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE        FD-2008-00218

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

(NPA) 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 is 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:

Applicant states that his conduct and ratings were good and that he received numerous awards and decorations, which show that he was a good service member.  Therefore, he requests an upgrade of his discharge.  The applicant was discharged for Misconduct, Conduct Prejudicial to Good Order and Discipline with a general (under honorable conditions discharge).  The applicant was convicted at a Special Court­ Martial for driving while drunk, which resulted in injuries to himself and	He was confined for three months and reduced to Airman Basic.  One year later, the applicant had another DUI off-base, for which he received a Letter of Reprimand.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  However, the Board found the seriousness of the applicant's misconduct offset any positive aspects of the applicant's duty performance. The Board noted that the applicant had been in the Air Force for a total of over six years; however, the applicant waived his right to an administrative discharge board under the condition he receive a general service characterization.  The original notification letter recommended an under other than honorable conditions discharge characterization.   The Board concluded the discharge was 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