AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
ITIAL)
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1 YPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
GOUNSEL	NAME OF COUNSEL AND OR ORGA NIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
-	x
ISSUF:S	A94.05	INDEX NUMBER	A67.10	EXHIBITS  SUBMITTED  TO 1HE BOARD
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 RECOR DING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

02 Jun 2005	FD-2004-00497
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Wash ington, 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.

Names and votes will  be made available to the applicant at the appl icant's req uest.

I	/I
SIGNATURE  OJ:;. RECORDER	./	SIGATURE OF BOARD'l:RESIDEN_J:.-)
I	I
INDORSEMENT	DATE: 612/2005
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TO:	FRO I:

SAF/M RBR

SECRETARY OF THE AIR  FORCE PERSONNEL COl1NCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST. SU ITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB. TX 78150-4742	,\ NDRE\\S AFB, MD l076l-700l

AFHQ FORM 0-2077, JAN 00	(EF- V2)	Previous ed ition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00497	

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: Applicant does not contest his discharge. He merely states that his discharge was due to a DWI and that he attended rehab treatment, had no further incidents, and was unemployed seeking assistance with educational benefits.  The applicant was discharged  for more reasons than the DWI.  The records indicated the applicant received an Article 15 for assaulting his wife and an Article 15 for DWI. In addition, he received two Letters of Reprimand, a Letter of Counseling, and nine vehicle related traffic tickets. The DRB opined that through these administrative actions, the applicant had ample opportunities to  change  his negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be 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