AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE I NITIAL)

GRADE

AMN
X	RECORD  REVIEW

AFSN/SSAN

ADDRESS ANO OR ORGANIZATION OF COUNSEL

ISSUES

A92.0l

INDEX NUMUER

A67. 10

HON	GEN	UOTIIC

1 ORDER APPOINTING THE BOARD

OTHER

DENY
x x x x
x

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LFITER 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

11 Dec 2009

FD-2008-00592

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.

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TO,	FROM:

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE OISCllARGE REVIEW BOARD
1535 COMMAND OR, EE WING, 3RO FLOOR ANDREWS AFB, MO 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00592	

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 and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  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:	The applicant  contends  discharge  was  inequitable  because  the discharge  improperly  weighed  a month of misbehavior compared to his previous outstanding military record.

Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his letter of evaluation, letter of appreciation, the stresses of an air traffic controller, and other accomplishments.  The records indicated the applicant received an Article 15 and a Vacation Action for misconduct.  Both the Article 15 and Vacation Action were for underage drinking.  The Article 15 also indicated that he was drunk and disorderly.  The records further indicated that he had been referred to ADAPT after the issuance of the Article 15. 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 the applicant 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