AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

SRA
X	RECORD  REVIEW

YES

NAME OF COUNSEL AND OR ORGANIZATION
No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

'

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

HON
x

GEN

UOTHC

OTHER

DENY

x x x
x

ISSUES

A93. 19
A92. 17

INDEX NUMBER

A69.00

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

28 Jul 2004

FD-2004-00124

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
RANDOLPH AF

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-2004-00124	

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.

ISSUE. The applicant received a general discharge for failure in the alcohol rehabilitation program. Member received an Article 15 for driving drunk in April 2002 which resulted in a serious car accident. For these reasons his discharge was characterized as general (under honorable conditions) rather than honorable. In April 2002, member was referred to the Alcohol and Drug Rehabilitation Program and in June 2002 began an intensive off base alcohol rehabilitation out-patient treatment program, participating until August 2002. Member was diagnosed as an alcohol abuser and unsuited for further military service after he became unwilling to cooperate further and told one of his treatment managers it was no longer important to him, regardless of the impact on his military career. At the time of the discharge, member submitted a statement requesting his service be characterized as honorable and noting that his out-patient program schedule and rehabilitation regimen conflicted with his college courses and other personal problems he was experiencing at the time. Member further stated he felt his service was honorable with the exception of the date of the driving under the influence incident. Applicant makes the same contention to the DRB. The Board opined that through the unit's rehabilitative actions, member was given ample opportunity to change his behavior. He should have realized he would be watched closely and any failure to participate in the program could be used as justification for discharge. The Board felt that member's failure to adhere to the requirements of his treatment program was a significant departure from the conduct expected of him, and finds the discharge proper and equitable.

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