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AF | DRB | CY2009 | FD2008-00218
Original file (FD2008-00218.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC
| PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
-
MEMBER SITTING HON GEN UOTHC ~ DENY
x
xX
x
x
L ___| _| |
Xx
IssvES 95.00 INDEX NUMBER A67.90 sana
1 JORDER 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
FD-2008-00218
BOARD'S DECISIONAL RATIONALE.

   

 

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.

|] ee
SIGNATHRE OF RECORDER SIGNATURE OF BOARD PRESIDENT

  

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-2008-00218

GENERAL: The applicant appeals for upgrade of discharge to honorable.

(NPA) 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 is 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:

Applicant states that his conduct and ratings were good and that he received numerous awards and
decorations, which show that he was a good service member. Therefore, he requests an upgrade of his
discharge. The applicant was discharged for Misconduct, Conduct Prejudicial to Good Order and Discipline
with a general (under honorable conditions discharge). The applicant was convicted at a Special Court-
Martial for driving while drunk, which resulted in injuries to himself and He was confined for three
months and reduced to Airman Basic. One year later, the applicant had another DUI off-base, for which he
received a Letter of Reprimand. The DRB took note of the applicant's duty performance as documented by
his performance reports, letters of recommendation and other accomplishments. However, the Board found
the seriousness of the applicant’s misconduct offset any positive aspects of the applicant's duty performance.
The Board noted that the applicant had been in the Air Force for a total of over six years; however, the
applicant waived his right to an administrative discharge board under the condition he receive a general
service characterization. The original notification letter recommended an under other than honorable
conditions discharge characterization. The Board concluded the discharge was 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

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