AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE	i       AFSN/SSAN

AMN
X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION  OF COUNSEL

x

MEMBER SITTING

x x x x
x

ISSUES

A93.01 A94.55

INDEX NUMBER

A67.50
A66.00	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 EXHIBJTS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

17 Dec 2009

FD-2008-00599

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.

SIGNATURE OF RECORDER

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

SECRETARY  OF THE AIR FORCE  PERSO!llNEL COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00599	

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 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, change of reason and authority for discharge, and change of reenlistment code.

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 his discharge was inequitable because he was young and has learned from his mistakes.

Applicant submitted no issues regarding the inequity or impropriety of his/her discharge.  The applicant does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his country in the Air National Guard.  The record indicated the applicant received four Letters of Reprimand.
His misconduct included underage drinking (2x), damage to government property, driving under the influence, and using cocaine on two occasions.  The applicant admitted to using the cocaine, but was not prosecuted due to the lack of corroborating evidence.  After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his three years of service was unaware of the Air Force policy of zero tolerance to drug use.  The Board further found that through these administrative actions, the applicant had ample opportunities to change his behavior.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge, to change the reason and authority for discharge, or to change the reenlistment code.

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