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

AMN
TYPE	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

CQl !ISllL'. .· .
YES	No

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

x	... . .. .. . •

-    - --   ,_        ·- .	..

· ····· 'v()'1\ fll ..	. j  .,. ··/ ;/
:

MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
x

A94.53	A64.00	·.·

ISSUES	INDEX NUMBER	.	J); s Jt1P	.. . ..·· .	'
A93.01	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

02 Jul 2009	FD-2008-00299

··.	··.

AP!iil!C SISSIJB ANl>'rHl!')!0ARt;'S DECISIONAL RATIONALE AREDIS€USSJI!) ON TitE ATTA'.mil!D AI!l!FORCEDISCHA.Jt6J! ·BOAJU) DllCJSIONAL·RATl!*A!JH.	.	.	. ,.	l

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 AFB.CMR.
1   Names and votes will be made available to the applicant at the applicant's request.
x	Upgrade, Reason for Discharge and Reenlistment  Code

,,

SIGNATURE 9JiRECORDE!t I	.,...

.	I su LATURE (/FJ!9ARD '1ismENTjf .
lNDORStll   '	n	:···

.	..

.

..... ,. .•... ··· ····· \ ' ".: (.,
.'..,• •

TO:	FROM:

SAF/MRBR

SECRETARY OF 11IE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00299	

GENERAL: The applicant appeals for an upgrade of his charge, characterized as General/Under Honorable Conditions, to an Honorable Discharge.

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 to the reason for discharge and change to the reenlistment code.

The Board finds that neither the evidence of record nor information provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUES:

The applicant submits no issues contending the inequity or impropriety of his discharge. He states since his discharge he has matured in age and would like his discharge upgrade so he can reenter military service. The record indicates that applicant received a Record on Individual Counseling, Letter of Reprimand and an Article 15. The applicant's disciplinary infractions are centered on two incidents of his willful alcohol intoxication, specifically: driving while drunk, underage drinking, failure to go and entering a vehicle with intent to commit theft/criminal trespass/obstruction of a law enforcement officer/interference with government property/underage driving under the influence and reckless driving.  Applicant was arrested twice by civil authorities for these two incidents--the same ones leading to his discharge from the Air Force. After thorough review of the records, the Board did consider the applicant's duty history outside of his alcohol-related incidents and arrest record. It is noteworthy that he volunteered for the physically demanding TACP AFSC and achieved excellence at Basic Training, earning Distinguished Graduate honors, and at TACP School, he excelled again. However, the applicant had ample opportunity to modify his behavior, particularly after receipt of his first Letter of Reprimand, but chose not to do so. This willful misconduct offset any positive aspects of the applicant's duty history and performance and the Board concluded that the discharge and reason for discharge were 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