AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

PERSONAL  APPEARANCE

-X  RECORD REVIEW

NAME OF SERVICE MEMBER (l,AST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OilOltGANIZA l10N m·COUNSEL

MEMBERS SITTING
x x x
x
x

A67.90	ER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEAil.ING DATE
14 AUGUST 03

CA.SE NUMlltR
FD2003-00049

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

Case heard at Washingtont D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counselt 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 0-2077t JAN 00

(EF-V2)

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00049		

GENERAL: The applicant appeals for upgrade of discharge to honorable to change the reason and authority for the discharge.

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 and change of reason and authority for discharge are 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 infers discharge was inequitable because it was too harsh and did not take into account the good things he did while in the service. Applicant further requests that the reason for his discharge be changed to "expiration of term of service." The records indicated the applicant received four Letters of Reprimand, three Letters of Counseling, had an Unfavorable Information File, and was found guilty at Special Court Martial of two offenses. His misconduct included providing alcohol to underage personnel and allowing a house party to get out of control, failure to appear for a mandatory state hearing regarding a civilian driving under the influence charge, dereliction of duty, missing a scheduled appointment, being involved in two separate verbal and physical altercations with personnel, assaulting a noncommissioned officer, and being drunk and disorderly. The DRB opined that through the administrative and judicial actions taken, 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.

The DRB took note of the applicant's otherwise exemplary duty performance as documented by his performance reports, letters of recommendation and other accomplishments.   This included an act of heroism. However, the Board found the seriousness of the willful misconduct offset the positive aspects of the  applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons that were its basis, and that the reason for discharge should not be changed.  A discharge for expiration of term of service would only be appropriate when the discharge for cause was not warranted.

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