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 AND OR ORGANIZATION OF COUNSEi,

MEMBERS SITTING
x
x x x x

INDEX NUMBER
A92.35, A93.01,  A92.37	A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

BEARING DATE
12 JUN 03

CASE NUMBER
FD2002-0500

BRIEF OF PERSONNEL FILE
SEL'S RELEASE TO THE BOARD

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AJR FORCE DlSCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0500	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

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

FINDINGS:  Upgrade of discharge is denied.

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

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15 for alcohol­ related incidents in a two and a half year period. His misconduct included drunk driving, drunk and disorderly, and assaulting a female airman. At the time of the discharge, after consulting counsel, member submitted a brief statement acknowledging the discharge action. Applicant now states he realizes he was wrong and has learned from his mistakes, but also points out his satisfactory duty performance and desire to serve his country again. The Board noted that member was age 22 and 25 when his offenses occurred, the same age as other airmen who adhere to standards. He was counseled and sent for substance abuse awareness training and counseling in an effort to help him correct his deficiencies. In spite of those rehabilitative efforts, he had a second serious alcohol-related incident. The Board concluded he was mature, he knew right from wrong, and was responsible for his actions, and therefore was held accountable for them. No inequity or impropriety was found in this discharge in the course of the records review.

While the Board commends applicant on this desire his desire to return to government service, and is sympathetic to the impact a General discharge has on his federal employment opportunities, this is not a matter of equity or propriety that warrants an upgrade.

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