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AF | DRB | CY2012 | FD-2012-00643
Original file (FD-2012-00643.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE
AFSN/SSAN

x        PERSONAL APPEARANCE
 RECORD REVIEW


NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL




UVl\if RF,R SITTING

HON      GEN

UOTHC    OTHER    DENY

x x x x
x



A93.19
7.90

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

05 Feb 2014
FD-2012-00643


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.













TO:




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




FROM:
h·
 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001


AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2012-00643

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.

ISSUE:   Applicant received an Under Other Than Honorable Conditions (UOTHC) for Misconduct - Conduct Prejudicial to Good Order and Discipline

Applicant submitted no issues regarding the inequity or impropriety of his discharge. He does state that he was under the influence of alcohol at the time of his misconduct and does no not recall the charges against him. Additionally, he states that he no longer drinks alcohol and would like an upgrade in order to have better opportunities for employment. The record indicates the applicant was convicted under a Summary Court-Martial, received one Article 15, one Vacation, and one Letter of Reprimand.     His misconduct included apprehended by security force for drunk and disorderly conduct, drunk and disorderly conduct of a nature to bring discredit on the US Armed Force, bit another airman on the neck (2x), drunk and disorderly (3x), resisted apprehension by military law enforcement NCOs, and bit another airman on the bicep. The Board opinioned that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct 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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