AIR FORCE DISCH \ H ( . I   R EVIEW BOARD HEARING RECORD

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GRADE	A FSN/SSAN

TYPE GEN

I	PERSONAL  APPEA RA NCE

x	l	RECORD REVIEW

,,:··;:,	L ·> NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COU NSEi

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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 EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

07 Feb 2011

FD-2009-00485

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 AFBC.tv1R.

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

*Change Reason and Authority
+RE Code

·--   TO:  -·  --	\..r
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL 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 edition will be used

AIR FORCE DISCHARGE REVIEW BOARD D I CISIONAL RATIONALE	CASE NUMBER

FD-2009-00485	

GENERAL:	The applicant  appeals  for  upgrack	·I  d ischarge to honorable,  to change the  reason  an, I authority for the discharge, and to change the reen l 1   < 1 cnt code.

The applicant was offered a personal appea ra nc'"· h :. i re the Discharge Review Board (DRB) but dec l i n'"·,I and requests that the review be completed based 011 1 1 Jc'  avai lable service record.

The attached brief contains available perti nent data ' 'I • t he applicant and the factors leading to the discharge

FINDING:  The Board denies the upgrade of the d 1 ,'-·harge, change of reason and authority for dischargL· and change of reenlistment code denied.

The Board finds that neither the evidence of in'1rd nor that provided by applicant substantiates an impropriety that would justify a change of disch 11 e However, based upon the record and  evidencL' provided by applicant, the Board finds the applicant·" reason and authority for discharge inequitable.

ISSUES:

Issue 1.  Applicant contends discharge was inequitabl e because it was too harsh.  The records indicated the applicant  received  an Article  15 for underage  drink ing, and that he  also  had  a charge  of driving  whi le intoxicated.		Applicant  contends  his  alcoholism  contributed  greatly  to  his  misconduct,  and  that  it  was brought on by the stress of being in the military.   He further states he was not "properly counseled" for his • "disease."	Upon  review  of the record,  the  Board  was  unable  to  find  any  documentation  regarding  the · discharge,  or applicant's  medical  condition(s).	Due  to lack of evidence and supporting documentation  to explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct ' expected  of  all  military  members.	The  Board  relies  on  the  presumption  of  regularity  and  finds  the ' characterization; reason for discharge and the reenlistment code were appropriate.

Issue 2.  Applicant infers 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 performance reports, and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects , of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons  which were the basis for this case.

Issue 3.  The DRB recognized the fact that the applicant had served over 4 years total service before he was
1
discharged, but concluded the his misconduct outweighed the positive aspects of his time in the Air Force.	:

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 determines the discharge should remain unchanged.

Attachment: Examiner's Brief