AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FlRST MIDDLE INITIAL)	GR·\DE

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TAPE RECORDING OF PERSONAL APPEARANCE HEARING

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 AFBCM R.

Names and votes will be made available to the applicant at the applicant's request.

SAF/MR BR
550 C STREET WEST, SUTE 40
RANDOLPH AFB. TX 78150-4742

SECRETARY OF TllE AIR FORCF. PERSONNO'.I. CO!lNCIL
AIR FORCJ:: DISCHARGE REVIEW BOARD 1535 COMMAND HR, f.F: WING, 3RD ·1.QOR ANllREWSAFB, MD 20762-7001

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

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00185	

GENERAL:  The applicant appeal s 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 reviev.r be completed based on the available service record .

The attached brief contains avail able 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 ailer a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues regarding the inequity or impropriety of his discharge. He had two Article
l	a Letter of Reprimand (LOR), and aMemorand um for Record (MFR). His miscond uct included willfully maki ng false official statements to Senior Noncommissioned  Officers (SNCO) and the Office of Special Investigations (OSI); fai l ing to refrain from drinking alcohol within 8 hours prior to duty, wi llfully violating  a lawful order not to consume alcohol, and failure to repmt for duty at the prescribed time. These incidents
of misconduct occurred during the period of September 2004 to December 2004. The Board concluded the applicant's miscond uct was a significant departure from conduct expected of all mil itary members. The applicant declined to provide a v.Titten statement on his behalf, and waived his right to counsel to expedite the discharge process so that he could move on with his life. 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.

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 find ings, 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