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.	

TO:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742	FROM:
SECRETARY OF TIIE AIR FORCE Pt:RSONM.:L COUNCIL AIR FORQ; DISCHARGE  llVU:W  BOARD
1'3!1 COMMAND DR, EE WING, JRD Fl..OOR ANDM\l'S AFB, MD 20761-7001	

YES

NAME Of COUNSEL AND OR ORGANIZATION
No
x

x

x

x

x

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

r-

AIR-FORCE DISCHARGE REVIEW BOARD HEARING RECORD
;rrJAL)

TYPE GEN

PERSONAL  APPEARANCE

x

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x

-issm:s

A93.17
A93.0l

INDEX NUMBER

A66.00

I	ORDER APPOINTING THE BOARD

HEARING DATE

CASE NUMBl:R

31Aug 2005

FD-2005-00209

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2005-00209	

GENERAL:   The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and to change the reenlistment code.

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,  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are 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 contends his discharge is hindering his employment and he is now struggling to make ends meet.  The records indicated the applicant received two Article 15s, two Letters of Reprimand, two Letters of Counseling, three Records of Individual Counseling, and one Letter of Warning for misconduct. His misconduct included wrongful use of marijuana, underage drinking and providing alcohol to Air Force members under the legal drinking age, dereliction of duty, financial irresponsibility, not wearing a seat belt on multiple occasions, and unauthorized items in dorm room.  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.

Issue 2. Applicant contends that he should not be penalized indefinitely for a mistake he made when young. The DRB recognized the applicant was 22 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 essentially the same age as other first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

Issue 3. The applicant noted his desire to return to military service. While the Board commends applicant  on his aspiration, it is not a matter of equity or propriety with regards to his discharge and does not provide a basis that warrants an upgrade.

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