AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

-NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AB
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
x

MEMBER SITTING

-----------------------------------

HON

GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94. 11 A92.35

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

16 Apr 2004	FD-2004-00039

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.

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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-2004-00039	

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

ISSUES:

Issue 1. Applicant was discharged for minor disciplinary actions; he contends discharge was inequitable because it was too harsh.  The records indicated the applicant received three Articles 15, one Letter of Reprimand, and had an Unfavorable Information File for misconduct.  His infractions included being late to work, making a false official statement, being drunk and disorderly, and assaulting another airman in the face.  Additionally, records reveal that applicant was enrolled in the alcohol rehabilitation program during the period November 2001 to May 2002, was diagnosed alcohol dependent, but subsequently refused to complete the medical treatment offered.  Furthermore, applicant was allowed to enter the service on a moral
waiver after three alcohol-related civilian convictions, and admitting two instances of pre-service illegal drug use.  At the time of his discharge, applicant consulted counsel but waived his right to submit matters 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. Applicant states that he was the subject of undue scrutiny once he had made a mistake, and he	
believes would have been discharged regardless of his otherwise satisfactory service. He also infers he should be given a second chance to succeed since he has left the military. The Board found applicant's willful misconduct to be very serious. Thus the Board concluded the discharge was appropriate for the reasons which were its basis.

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