AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
n n•r1ua11111

GRADE

AB

AFSN/SSAN
411 Jli!J

TYPE	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANJZA TION

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x

MEMBER SITTING

GEN	UOTHC     I	OTHER

DENY

x x x
x
x

ISSUES	INDEX NUMBER

1	ORDER APPOINTING THE BOARD

A95.00	A69.00	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

HEARING DATE	CASE NUMBER
21 Aug 2003	FD-2003-00290

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 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

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00290	

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 available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of Discharge is denied.

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: The applicant submitted no issues and requested that the review be  completed  based  on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant received a General Discharge via a Summary Court Martial for wrongfully communicating a threat to kill someone and for being drunk and disorderly. The member was diagnosed with an alcohol problem; however, he disagreed with his diagnosis of alcoholism and did not feel that he needed treatment. He refused to participate in the ADAPT (Alcohol and Drug Abuse Prevention and Treatment) program. The record also  indicates  the applicant had a history of alcohol related incidents. He was enrolled in a substance abuse seminar in August of 2001.  The record also shows the applicant signed a letter of declination for the ADAPT program, though a copy of that letter is not in the record. However, a letter from the ADAPT Program Manager clearly indicates the applicant declined treatment. "Member declared his  intent at this point to formally decline treatment. Member signed a treatment declination statement  after discussing the actions required of the ADAPT program." The Program Manager further states, "the member should be considered  for administrative separation for not maintaining standards."

The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions were a  significant departure from the 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.

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