AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
j	
TYPE GEN	X	PERSONAL  APPEARANCE

GRADE	AFSN/SSAN
AB	
RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
·'--------------------------------- ·'

'----------------------------------   '

HON

GEN

UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A94.53

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

	FD-2004-00012

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 applicatio  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 DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING, 3RD 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-2004-00012	

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

ISSUES:

Issue 1. Applicant contends was discharged for minor disciplinary infractions. The records indicated the applicant received three Articles 15, two Letters of Reprimand, and had an Unfavorable Information File for misconduct.  His infractions included three underage drinking incidents, once late for work, and being incapacitated for duty due to previous overindulgence in intoxicating liquor. As a result of his alcohol­ related misbehavior, applicant participated in the local base alcohol rehabilitation program twice, and was also referred for an in-patient treatment program at an out-of-state facility. Additionally, the records disclosed applicant was allowed to enter the service with a Moral Waiver, which was requested in view of pre-service alcohol-related misconduct for which he had a civilian conviction, as well as a pre-service assault for which he had a civilian conviction. At the time of the discharge, applicant consulted counsel but waived his right to submit statements in his own behalf.  The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior but was unable or unwilling
to do so. The Board concluded the misconduct was a significant departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate.

Issue 2. The applicant cited his desire to return to military service. While the Board commends applicant on this desire, and was sympathetic to the impact his reenlistment code was having on the applicant, this is not a matter of inequity or impropriety which would warrant 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