Search Decisions

Decision Text

AF | DRB | CY2009 | FD2008-00210
Original file (FD2008-00210.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AB

     
 

 

 

 

TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

MEMBER SITTING : HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

ISSUES A93.19 | INDEX NUMBER A67.90

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 |
29 Jun 2009 FD-2008-00210

0

 

 

 

   
    

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.

X — Upgrade, Reason for Discharge, and Reenlistment Code

UESURT ASST TERED QED PRES SAN TS FREED

 

TO: FROM:

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

 

 

AFHQ FORM 0-2077, JAN 00 . (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00210

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge and the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge and the reenlistment code
are denied.

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:

The applicant submitted that all of his infractions were alcohol related and that he has come to terms with
himself and realized that he was an alcoholic. The applicant was discharged for Misconduct, Conduct
Prejudicial to Good Order and Discipline with a general discharge, under honorable conditions. The Board
reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an
upgrade of the discharge. The record indicates the applicant received two Article 15s and two Letters of
Reprimand within a one year period for driving while intoxicated, using disrespectful language to an NCO,
consuming alcohol in violation of US CENTCOM General Order 1, operating a motor vehicle without a
driver’s license, and taking prescription medication that was not prescribed to him. The Board opined that
through these administrative actions, the applicant had ample opportunities to change his behavior. They
found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty
performance in the brief period of time he was in the Air Force. The Board concluded the characterization
and reason for discharge appropriate for the reasons which were the basis for this case.

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 that 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2014 | FD-2014-00210

    Original file (FD-2014-00210.rtf) Auto-classification: Denied

    GENERAL: The applicantappeals forupgradeofdischarge tohonorable Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbe completedbasedontheavailable servicerecord. Theattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2009 | FD2008-00299

    Original file (FD2008-00299.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN TYPE | PERSONAL APPEARANCE xX RECORD REVIEW .| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x xX xX 7 — issuES 94,53 INDEXNOMBER 464.00 2 BOIS SUBMEETED A93.01 [1 | ORDER APPOINTING THE BOARD |2_|APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S...

  • AF | DRB | CY2013 | FD-2013-00405_13

    Original file (FD-2013-00405_13.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge, andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: The requestforthe upgradeofthe discharge,to change the reasonandauthorityfor discharge,...

  • AF | DRB | CY2009 | FD2008-00231

    Original file (FD2008-00231.pdf) Auto-classification: Denied

    X = Upgrade, Reason for Discharge and Reenlistment Code a SIGNAPO RE OF RECORDER SIGNATURE OF BOARD PRESIDENT SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 — ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00231 GENERAL: The applicant appeals for upgrade of discharge...

  • AF | DRB | CY2010 | FD-2009-00078

    Original file (FD-2009-00078.pdf) Auto-classification: Denied

    *Reason and Authority +Reenlistment Code EUR SOT a f s NE TO: FROM: ; SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Ban EES AIR FORCE DISCHARGE REVIEW BOARD §50 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00078 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...

  • AF | DRB | CY2009 | FD2008-00278

    Original file (FD2008-00278.pdf) Auto-classification: Denied

    SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 X — Upgrade, Reason for Discharge, Reenlistment Code Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an Names and votes will be made available to the applicant at the applicant’s request. FINDINGS: Upgrade of discharge, change reason for discharge and change of the reenlistment code are denied. The Board finds that neither the evidence of record...

  • AF | DRB | CY2010 | FD-2008-00597

    Original file (FD-2008-00597.pdf) Auto-classification: Denied

    [LETTER OF NOTIFICATION ee 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 19 Feb 2010 FD-2008-00597 SSSUE AND a cae Case heard i in Washington, D.C, FORGE PGES. 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. FINDING:...

  • AF | DRB | CY2010 | FD-2008-00579

    Original file (FD-2008-00579.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) et SRA TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW COUNSEL, NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL 0” 2 VOTE OF THE BOARD | HON | GEN UOTHC | OTHER | DENY X+* [ XH - —- x+# a X+* L xi ISsvES A94.05 INDEX NUMBER 4 4g 9 ice EXHIBITS SUBMITTED TO THE BOARD 97” " 1 |ORDER APPOINTING THE BOARD 2 JAPPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF...

  • AF | DRB | CY2009 | FD2008-00225

    Original file (FD2008-00225.pdf) Auto-classification: Denied

    1 J|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 01 Jul 2009 FD-2008-00225 APPLICANT’S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ISSUE: Applicant submitted no issues and...

  • AF | DRB | CY2010 | FD-2008-00566

    Original file (FD-2008-00566.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN po AB TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW _ COUNSEL.) FINDING: The Board denies the upgrade of the discharge. AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, paragraph 3.8.1 states that commanders shall refer all service members for assessment when substance abuse is suspected to be a contributing factor in any incident, such as DUI.