AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW
_ COUNSEL.) NAME OF COUNSEL. AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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HON GEN UOTHC DENY
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ISSUES A95.00 INDEX NUMBER A67.10 EXHIB(ITS SUBMITTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE oe
3. |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEI. FILE ee
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
13 Jan 2010 FD-2008-00566
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD 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.
en 7
TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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-2008-00566
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
and requests that the review be completed based on the available service record.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.
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 that his discharge was inequitable because “his commander or superiors did not offer or
recommend my attending any substance abuse programs” after he had his second alcohol related incident.
The applicant was discharged JAW AFI 3603208, paragraph 5.49 for Misconduct: Minor Disciplinary
Infractions with a general under honorable conditions discharge. The applicant received nonjudicial
punishment (NJP) in September 2005 while stationed in Germany for driving while drunk (DUD). In
October 2006, he received a Letter of Reprimand (LOR) for failure to pay a just debt. While stationed at
Tinker AFB, Oklahoma, the applicant received his second NJP in February 2007 for being DUI and for
being absent without leave. The applicant contends that while he was ordered into substance abuse
treatment after his first DUI, his superiors did not offer substance abuse counseling after his second DUI.
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. While commanders should comply with this provision in
order to assist in the assessment of the member, the misconduct noted in the applicant’s record was legally
sufficient to support a discharge with a general service characterization. Furthermore, while the applicant
contends that he was not referred to ADAPT, the Board relied on the presumption of regularity with regard
to the applicant’s contention.
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 determined the discharge should remain unchanged.
Attachment:
Examiner's Brief
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