AIR FORCE DISCHARGE REVIEW BOA R D H EA RING RECORD

NAM E OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)

GRADE

AFSN/SSAN

x
ADDRESS AND OR ORGANIZATION OF COl!NSEI.

'\.f ll'MIH'D  -.:J'T'l'll\Jf.!

OF THE BOARD

HON	GEN	UOT!IC

OTHER	DENY

x

ISSUES

A95.00

INDEX  NUMHHI

A67.10

x
x
x

ORDER APPOINTING Tl-IE HOARD
2 APPLICATION FOR REVIEW OF DJSCHARGE
3 LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL Fl LE
COUNSEL'S RELEASE TO TllE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDfNG OF PERSONAL APPEARANCE  I!EARING

flf ARTNG llATE	CASO: NUMBER

13 Jan 2010	FD-2008 00566
tJ'!: Lb.:f\"1\N'Jl'f;J; ARR DISCUSSED ON THE A'ITACHED AlR FORCE DISCHARGE

Case heard i n 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 A FBCMR.

Names and votes will be made avai l able to the appl icant at the applicant's request.

TO:

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SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFR TX 781 50-4742

a- -----	.
FROM:
SECRETARY OF THI!: AIR F01i(E PF:l<SONNllL COUNCIL
AIR FORCE DISCllARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOii ANDREWS AFB, MP 2076z.7fKH

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NlIMBER

FD-2008-00566	

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

The applicant was offered a personal  appearance before the Discharge  Review Board (ORB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available perti nent data on the applicant and the factors leading to the discharge. FINDING:  The Board denies the upgrade of the discharge.
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:

Applicant contends that his discharge was inequitable because "his commander or superiors did not offer or recommend my attending any substance abuse programs" ailer he had his second alcohol related incident.

The applicant was discharged IAW AFI 3603208, paragraph 5.49 for Misconduct: Minor Disciplinary Infractions with a general under honorable conditions discharge. The applicant received nonjudicial punishment (NJP) in September 2005 while stationed in Germany for  driving  while  drunk  (DUI).  In October 2006, he received a Letter of Reprimand (LOR) for failure to pay a just  debt.  While stationed at Tin ker AFB, Oklahoma, the applicant received his second NJP in February 2007 for being DUI and for being absent without leave. The applicant contends that while he was ordered  into  substance  abuse treatment after his first DUI, his superiors did not offer substance abuse counseling          his second DUI.

AFI 44-1 21, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, paragraph 3.8.1 states that commanders shall refor all service members for assessment when substance abuse is suspected to be a contributing factor in any incident, such as DUL  While commanders should comply with this provision in order to assist in the assessment of the member, the misconduct noted in the applicant's record was legally sufficient to support a discharge with a general service characterization.  Furthermore, while the applicant contends that he was not referred to ADAPT, the Board relied on the presumption of regularity with regard to the applicant's contention.

CONCLUSION: The Discharge Review Board concludes that the discharge wac:; consistent with the procedural and substantive requirements of the discharge regulation and was within 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 determiped the discharge should remain unchanged.

Attachment: Examiner's Brief