AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OFCOUNSEL

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MEMBER SITTING

INDEX NUMBER
A60.00

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GEN	UOTHC	OTHER

DENY
x x x x x

1 ORDER APPOlNTING 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 SUBMfrfED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARi.NG DATE	CASE NUMBER

17 Oct 2013

FD-2013-00603

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

SECRETARY OFTHE AIR FORCE PERSONNELCOUJ\ICIL AIR FORCE DISCHARGE REVIEW BOARD
I S3S COMMAND DR, E£ WING, 3RD 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-2013-00603	

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 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 contends his discharge was improper and based solely on his civilian convictions received while serving on active duty. The records indicated the applicant received one Article 15, three Letters of Reprimand, four Letters of Counseling, two Letters of Admonishment and one Record of Individual Counseling. His misconduct includes multiple failures to go, making a false statement to an NCO, disrespect toward an NCO, a civilian conviction of assault upon a police officer and resisting arrest, a DUI, and reporting to duty in an incapacitated state due to overindulgence in alcohol. The Board opined 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 and member's contentions have no merit. 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