I .	AIR  FORCE  DISCHARGE   REVIEW  BOARD  HEARING  RECORD

1   1\i A ME  OF SERVICE  MEMBER  (LAST,  FIRST  MIDDLE  INITIAL)

GRADE	I   A FSN/SSAN

TYPE GEN

AlC
I	PERSONAL    APPEARANCE	x	I	RECORD   REVIEW

•·· '(fP;\J:folSYt:.. .•   NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY

x

ISSUES

A93.09

INDEX NUMBER

A94.05

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 DA TE	CASE NUMBER

07 Dec 2005	FD-2005-00152

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

Names and votes will be made available to the applicant at the applicant's request.

SIGNArniltiii8(EcORDJ:R	//	i SIGNATURE OF BOARD PRESWENT

TO:

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

FROM:

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

1
l

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00152	

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 states that he made some bad decisions concerning his personal life of which both he and his family paid a heavy price. The records indicated the applicant received three Article lSs for writing bad checks, being found drunk on duty, failure to go and DWI. 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.

Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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