AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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RECORD REVIEW

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APPLICATION FOR REVIEW OF DISCHARG E

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LETTER OF NOTIFICA TJON

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BRIEF OF PERSONNEL FILE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

NAME OF SERVI CE MEMBER (LAST, FIRST MI.DOLE INITIAL)

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ORDER APPOINTING THE 130ARD

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF PERSONAi,  APPEARANCE

HEARING DATE

CASE NUMBER

15 Apr 2010

FD-2008-00375

Advise appl icant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will be made avai l able to the appl icant at the appl icant's req uest.

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

SECRETARY Ot' Tllf: AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW HOARD 1535 COMMAND DR, EE WING, JIU> FLOOR ANDREWS AFB, MD 20762·7CH

AFHQ FORM 0-2077, .JA N 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nt:MBER

FD-2008-00375	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Andrews AFB Maryla nd and Robins AFB Georgia on 15 Apr 20 I 0.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions

The attached brief contains availabl e pertinent data on the applicant and the factors leading lo the discharge.

FINDING:  The Board denies the upgrade of the discharge.

The Board finds the applicant subm itted no	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 contends discharge was inequitable because it was too harsh. The record s indicated the applicant received two Article 1 two Letters of Reprimand, and two Letters of Counseling for misconduct. The misconduct included failure to underage drinking, driving a personal vehicle on base wh ile under restriction, and drinking while on call. The  ORB opi ned that through these administrative actions, the applicant had ample opportunit ies to i.:hange his negati ve behavior. The Board concluded that the negative aspects of the applicant's	outweighed the positi ve contributions he made in his Air Force career. The characterization of the discharge received by the appl icant was found to be appropriate.

CONCLUSION: The Discharge Review Board concl udes that the discharge was consistent with the procedural and substantive req uirements of the discharge regulation and was withi n the discretion of the discharge authority and 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief