AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE	AFSNISSAN

SRA	._.
PERSONAL  APPEARANCE	RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY
x x x
x
x

ISSUES

A93.19 A93.0l A93.29

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 Dec 2004	FD-2004-00357

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 .

.

..... .....	..    .2.Ll     .£.A••.d........................a...........................,.

SAFIMRBR
550 C STREET	ST, 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-2004-00357	

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 infractions. The records indicated during the enlistment under review the applicant received two Letters of Reprimand and had an Unfavorable Information File for misconduct consisting of arriving at his Alcohol and Drug Abuse Prevention and Treatment Program appointment with alcohol on his breath and in his system, and for a civilian arrest for driving under the influence of alcohol (DUI) . Applicant now notes he was young and immature, and stationed far from home in an isolated area. He further notes he learned from his mistakes and apologizes  for his irresponsible behavior. The Records reflected that member had a DUI offense in his previous enlistment, as well as other misconduct. But in spite of being allowed to reenlist, his alcohol-related misconduct continued. The DRB opined that the applicant had ample opportunities while in the military service to change his negative behavior but was unwilling or unable to do so. The DRB also recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was as old as the vast majority of service members who properly adhere to the Air Force's standards of conduct. The Board concluded the misconduct was a significant departure from conduct expected of all military members and the characterization of the discharge was appropriate.

Issue 2. Applicant cites his post-service activities and his desire to receive Illinois state veterans' education benefits as justification  for upgrade.  The DRB was pleased to see that the applicant was doing well and has a good job. The Board was also sympathetic to the impact the loss of education benefits was having on the applicant.  However, these contentions do not provide a basis of inequity or impropriety on which to justify an upgrade, nor was one found in the course of the record review. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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