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AF | DRB | CY2010 | FD-2009-00165
Original file (FD-2009-00165.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
   

    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

  

 

 

 

TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL NAME. OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
x
a VOTE OF Tilt BOARD
MEMBER SITTIN : TON GEN “UOTHC OTHER DENY
X*4
joann .
¥t
X¥+
X*+
XFt
ISSUES A01.00 INDEX NUMBER AGT.10 OO : EXHIBIFS: SUBMITTED TO THLE BOARD oo
A92.41 1 |ORDER APPOINTING THE BOARD _
A95.00 2 |APPLICATION FOR REVIEW OF DISCHARGE oe
3 [LETTER OF NOTIFICATION 7
4 [BRIEF OF PERSONNEL FILE
COUNSEL'S RI ASK TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE, CASE NUMBER
01 Jul 2010 FD-2009-00165

 

 

 

 

 

APPLICANT SAGSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIRHORCE DISCHARGE REVIEW, BOARD DECISIONAL RATIONALE. a Be

 

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.

*Reason and Authority
+Reenlistment Code

 

TO: FROM:
AK SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAL /MRBR a AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, FE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-41742 ANDREWS AFB, MD 20762. 7001

 

 

AFHQ FORM 0-2077, JAN 00 (El-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00165

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 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 Icading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code. 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 submitted no issues regarding the inequity or impropriety of his discharge. The
applicant does submit that he belicves his discharge should be upgraded because he has been reinstated in
the Texas Army National Guard. The record indicates the applicant received two Article 15s for underage
drinking. His punishment for the first incident included 30 days of correctional custody and a reduction in
grade from Senior Airman to Airman First Class. The day after he was released from correctional custody,
he engaged in his second incident of underage drinking. The Board opined that through these administrative
actions, the applicant had ample opportunities to change his behavior. It found the applicant’s willingness to
reengage in such willful misconduct so soon after receiving a strong deterrent offset any positive aspects of
the applicant's duty performance. The Board reviewed the entire record and found no evidence of
impropriety or inequity to warrant an upgrade of the discharge.

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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