AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICK MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB
X	RECORD REVIEW

AFSN/SSAN

YES
x

ADDRESS AND OR ORGANIZATION  OF COllNSEl..

MEMBER   SITTI NG	HON	GEN	UOTITC

OTHER	DENY
x

---- -	-- ----· ·--·--·· •m-••	- •-----f- ---+-- --+	1
x
x

ISSUES

A95.00

x x
INDEX NUMBER	A67.90

AOl.00	1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISC! IARGE
3	LETTER OF NOTIFICATION
2	
4 BRJEF OF PERSONNEL FILE

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!---------------+----------------·-----· .      -'•• - ··---- -   ·- -- .. ·--
HEARING  DAH;	CASE NlJMDER

COUNSEL'S RELEASE TO THE IlOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARJNG
-+---+---- --·  ----------------

24 Jun 2010

FD-2009-00106

Case heard in Washi ngton, 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 appl ication to the AFBCMR.

Names and votes wil l  be made availabl e to the appl icant at the applicant's request.

TO:

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

FROM,

SECRETARY  OF THE AIR  FORCf: PERSONNf:L  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
JoJo COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AJill, Mil 20762-7001

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

AIR FORCE DISCHARGE  REVIEW  BOA RD DECISIONAL  RATIONALE . -	CASE NUMBER
FD-2009_00106	

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	record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

The Board  finds the applicant submitted no issues 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 submitted no issues regarding the ineq uity or impropriety his 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 South Carolina Air National Guard. The record indicates the applicant received an Article 15 and a Summary Court Martial. His misconduct included failure to and driving under the influence of alcohol.  The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  They found     seriousness of the vvil lful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: 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 was provided full adm inistrative due process.

In view of the foregoing findings, the Board further concludes that there	no legal or equitable basis for upgrade of discharge and determines the d ischarge should remain unchanged.

Attachment: Examiner's Brief