AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
AMN
PERSONAL APPEARANCE X RECORD REVIEW
: | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY
x
x
Xx
x
x
ISSUES A92.35 INDEX NUMBER A67.90 - ATUBTES SUB :
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 Jul 2009 FD-2008-00217
PS
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.
SIGNATURE OF RECORDER
SIGNATURE QF BOARD PRESIDENT
ee —
TO: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR 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-2008-00217
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 to
exercise this right.
The following additional exhibits were submitted at the hearing:
Exhibit #1: Applicant’s Contentions
Exhibit #2: Letter from
Exhibit #3: Letter from 5
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE:
Applicant contends the discharge was inequitable because the infractions were minor isolated incidents and
the misconduct was only brought into question during the last five months of his service. The applicant was
discharged for a pattern of misconduct, conduct prejudicial to good order and discipline, with a general,
under honorable conditions discharge. The records indicated the applicant received two Article 15s and a
Letter of Reprimand (LOR) during a five month period. The applicant received an LOR for an off-base
DUI, which resulted in a civilian conviction. He then received an Article 15 for violating a lawful order
issued by , revocation of driving privileges, by wrongfully driving on Minot AFB. He received his
second Article 15 a month later for making a false official statement to a Master Sergeant and for failing to
go to a scheduled appointment. The applicant was sent to in-patient treatment for alcohol dependence after
his DUI. He did not respond to his subsequent administrative discharge. The DRB opined that through
these administrative actions, the applicant had ample opportunities to change his negative behavior and
although the misconduct spanned a five-month period, 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.
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
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