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AF | DRB | CY2010 | FD-2009-00073
Original file (FD-2009-00073.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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NAME OF COUNSEL AND OR ORGANIZATION

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A92,21 APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

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HEARING DATE CASE NUMBER

27 Jul 2010

 

FD-2009-00073

 

Case heard in Washington, D.C.

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To:
SAF/MRBR

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

APPLICANT'S ISSUB-AND THE BOARIY'S DECISIONAL RATIONALE ARE DISCHSSED.ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BO

 

Advise applicant of the decision of the Board 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.

 

 

    

ARD DECISIONAL RATIONALE.

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DATED 8/3/2010

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND OR, FE WING, IRD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00073

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, Maryland on 27 Jul 2010.

The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
Exhibit #6: American Legion Statement

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 change of reason and authority for
discharge, and change of reenlistment code.

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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh in light of his performance
over the years. The records indicated the applicant received an Article 15 and one Letter of Reprimand
(LOR), both for alcohol related misconduct. The applicant contends that since he was not diagnosed as an
alcoholic following his 1-day Alcohol and Drug Abuse Prevention and Treatment program (ADAPT)
counseling for his first misconduct (Article 15), and was diagnosed with alcoholic dependence following his
second treatment program, the first instance of misconduct should not have been used as a basis for his
discharge. Further, the applicant disputed the validity of the breathalyzer and field sobriety tests
administered following his second instance of misconduct. Finally, the applicant states he was not convicted
of the charges, and should have been retained in the Air Force until after his court date. The evidence of
record indicates that the applicant was not diagnosed as an alcoholic and did not recognize his drinking
problem following his initial ADAPT. The applicant admitted he was drinking on the night of his arrest
which resulted in his second alcohol misconduct (LOR) and he did not cite in the response to the LOR or his
discharge that he believed the breathalyzer and field sobriety tests were invalid. Lastly, although the
applicant was not convicted of the original charges of his arrest, he plead “NOT GUILTY” to a reduced
charge and received a “PROBATION BEFORE JUDGMENT” verdict. The condition of this verdict was
three years of probation and a $300.00 fine. The DRB opined that through his commander’s administrative
actions, the applicant had ample opportunity to change his negative behavior. The Board concluded that
these 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.

Issue 2. The DRB was pleased to see that the applicant is continuing his college education and has remained
employed since his discharge. However, no inequity or impropriety in his discharge was suggested or found
in the course of the hearing. The Board concluded the misconduct of the applicant appropriately
characterized his term of service.

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 determines the discharge should remain unchanged.

Attachment:
Examiner's Brief

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