AIR FORCE DISCHARGE REVIEW HOARD HEA R rNG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MJl.lDLE [NITIAL)

GRADE	AFSN/SSAN

RECORD REVIEW
ADDRESS AND OR ORGANIZATl01' 01' COllNSf.L

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ISSUES	AOl.00 A92.41 A95.00

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ORDER APPOINTING Tlll-: HOARD	 	

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2  APPLICATION FOR REVIEW OF DISCHA RG E
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3   I .ETIER Or NOTI FICATTON
4		rlLE	._	,
COUNSEL'S Rl:l.EAS I'. TO Tiii: BOARD
ADIJJll0NA L EXHIBITS SU-B-MITTED AT Tl:vlE OF----
PERSONAL  APPEARANCE
TAPE RECORDJ NCi OF PERSONAL APPEARANCE l WARING

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HEARING  llATF:	

01 J ul 2010

FD-2009-00165

Case heard in Washington, D.C.

Ad vise appl icant of the decision of the Board, the right to a personal appearance with/without appl ication to the AFRCMR.

 and the right to submit an

Names and votes wi l l   be made avai l abl e to the appl icant at the applicant's req uest.

*Reason and Authority
l Reenlistment Code

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SAF/MRJ3R
550 C STRJ::EI WJ-.ST Sl!l It-: 40
RA SDOLl'l I A rn, TX n 1 50-·17/i:!

SEC.RETA RY OF TllE AIR FOHCE PFR'iO"i EI. COl:NCIL IR FORCF. lllSCllARGE REVIEW   OAl\ll
1535 COMMANO DR, EE WI NG, 3Rn FLOOH
.\NIJREWS AFB, MD 20762- 7001

 	
A F'HQ FOR:\'1 0-2077, .J A N 00	( EF-V2l	Previous

AIR FORCE DISCHARGE  REVIEW  BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00165	

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 (ORB) but declined and requests that the review be completed based on the available service record.

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

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. 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 justi ty a change of discharge.
ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he believes his discharge should be upgraded because he has been reinstated in the Texas Anny National Guard. The record indicates the applicant received two Article 15s for underage drinking. His punishment for the first incident included 30 days of correctional custody and a reduction in grade from Senior Ainnan to Ainnan First Class. The day after he was released from correctional custody, he engaged in his second incident of underage drinking. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. It found the applicant's willingness to reengage in such willful misconduct so soon after receiving a strong deterrent 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 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 dctennines the discharge should remain unchanged.

Attachment: Examiner's Brief