,•..•

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDU INITIAL)	AFSN/SSAN
11 1111 IR

PERSONAL APPEARANCE

x	RECORD  REVIEW

YES	No

x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

Change Reason for Discharge

Code	Upgrade  Discharge

Deny
---,---------+---------------------;
Deny

Deny Deny Deny
ISSUES	INDEX NUMBER
A94.05	A67.90	2	APPLICATION FOR REVJEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
IJMRJNG DATI:	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

12 Aug 2003	FD-2003-00026

PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCBARGE REVIEW BOARD
ISJS COlllMAND Dll, EE WING, 31Ul FLOOR ANDJU;WS AFB, MD 20762-1002

AFHQ FORM 0..2077,JAN 00	(EF-V2)	Previous edition will be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00026	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, 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 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, change of reason and authority for discharge, and change of reenlistment code is denied.

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

ISSUE: Applicant does not contest his discharge; he merely states that he wants an upgrade to Honorable so that he may enlist into the US Marine Corps. The records indicated the applicant received two Article 15s, for being found drunk while on duty and for willfully failing to refrain from consuming alcohol while under the age of twenty-one. Additionally, civilian authorities apprehended him for driving while intoxicated, having no vehicle license, and no proof of insurance. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all military members. 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