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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 RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
02 Jul 2009 FD-2008-00299

 

 

 

    

APPEICANT’S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONALRATIONALE.
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

 

SIGNATURE QRRECORDER , - 5 SIGRATURE OF BOARDORESIDENT/ ,
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-2008-00299

GENERAL: The applicant appeals for an upgrade of his charge, characterized as General/Under Honorable
Conditions, to an Honorable Discharge.

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 to the reason for discharge and change to the reenlistment code.

The Board finds that neither the evidence of record nor information provided by the applicant substantiates
an inequity or impropriety that would justify a change of discharge.

ISSUES:

The applicant submits no issues contending the inequity or impropriety of his discharge. He states since his
discharge he has matured in age and would like his discharge upgrade so he can reenter military service.
The record indicates that applicant received a Record on Individual Counseling, Letter of Reprimand and an
Article 15. The applicant’s disciplinary infractions are centered on two incidents of his willful alcohol
intoxication, specifically: driving while drunk, underage drinking, failure to go and entering a vehicle with
intent to commit theft/criminal trespass/obstruction of a law enforcement officer/interference with
government property/underage driving under the influence and reckless driving. Applicant was arrested
twice by civil authorities for these two incidents--the same ones leading to his discharge from the Air Force.
After thorough review of the records, the Board did consider the applicant’s duty history outside of his
alcohol-related incidents and arrest record. It is noteworthy that he volunteered for the physically
demanding TACP AFSC and achieved excellence at Basic Training, earning Distinguished Graduate honors,
and at TACP School, he excelled again. However, the applicant had ample opportunity to modify his
behavior, particularly after receipt of his first Letter of Reprimand, but chose not to do so. This willful
misconduct offset any positive aspects of the applicant's duty history and performance and the Board
concluded that the discharge and reason for discharge were 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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