AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

PERSONAL  APPEARANCE	X    RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS ANI> OR ORGANIZATION OF COUNSEL

... ;

MEMBERS SITTING	OTID:R
x x x x

INDEX NUMBER
A67.50	l ORDER APPOINTING TifE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
28 MAR 03	FD2002  0357	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

REMARKS
Case heard at 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.

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

AFHQ FORM 02077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0357	

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 to exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant is not contesting his discharge. He states that he made some foolish mistakes when it came to alcohol and feels that to discharge him under a pattern of misconduct for only 2 drinking incidents was unfair. The record shows that the applicant received an Article 15 for willfully failing to
refrain from consuming alcoholic beverages until the age of 21.  In addition, he also received two Letters of Reprimand for underage drinking and driving while intoxicated, which resulted in a civilian arrest.  And, he received a Record oflndividual Counseling for being one hour late for work.  The board concluded the misconduct was a significant departure from conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the characterization of the discharge received by the applicant was found to be appropriate.

CONCLUSIONS:   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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief