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

AMN
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATJON OF COUNSEL

x

ISSUES

A94.53

MEMBER SITTING

INDEX NUMBER	A67. 10

HON

GEN

UOTHC	OTHER

DENY
x x x x
x

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

28 Jul 2004

CASE NUMBER

FD-2004-00143

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.

I

·--------------------	----------- ---------------....::1 -----------------------------------------------------    1

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

A FHQ FORM 0-2077, JAN 00	(EF-V2)

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

Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2004-00143	

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 proprity 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: Applicant was discharged for minor disciplinary infractions. The records indicated the applicant received an Article 15 and two Letters of Reprimand for misconduct involving two underage drinking incidents, an assault upon a female airman, and a failed dorm room inspection. Member participated in the Alcohol and Drug Abuse Rehabilitation Program twice, the second time being diagnosed alcohol dependent. At the time of the discharge member waived his right to consult with counsel and 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 unwilling or unable to do so. The Board concluded the misconduct was a significant departure from conduct expected of all military members and therefore the characterization of the discharge received by the applicant was appropriate.

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