AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COU NSEL YES	No
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ISSUES	A94.53	INDEX NUMBl:R	A67.IO	EXHIBITS  SUBMITTED  TO THE  BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR R EVI EW OF DISCHARG E
3	LETTER OF NOTI FICATION
4	BR I EF OF PERSONN EL FI LE COUNSEL'S  RELEASE  TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 	 PERSONAL  APPEARANCE
TAPE RECORDING  OI' PERSONAL  APPEARANCE

Hl:ARING  DAH:	CASF: NUMBER

25 May 2006	FD-2005-00343
Al'l'LlClllT'S ISSUE AND ms DO'$ DECISJONAL RATIONAL ARB Dl9rl'Z1: AlTA(lIBD AIR FORCE DJSCHARGE REVIEW BOARD DECISIONAL RATIONALE
Case heard at Washi ngton, 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 A FBCMR.

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

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/ · INDORSEMENT 	

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FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE  PERSONNf.1. COUNCIL
AIR FORCE DISCHARGIC ltEVJEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR. EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 78150-4742	AN DREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00343	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  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 (ORB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:   The discharge is upgraded  to honorable.  Change of reason and authority for discharge,  and change of reenlistment code are denied.

ISSUE:   Applicant received a General discharge for Misconduct    Minor Disciplinary Infractions

Applicant contends discharge was inequitable because he was kicked out due to Force Shaping, had it not been for Force Shaping he would not have received the Article 15 and been kicked out, and that by being stationed at Randolph AFB it was more likely that he would receive a "bad discharge" than if he had been assigned somewhere else. The records indicated the applicant received two Article 15s for misconduct to include assaulting another airman while in Technical School by putting castor oil in his drink, and one for DUI at his first duty assignment.  Although there is no evidence in applicant's records that his issues have merit, the DRB opined that although the misconduct was serious, the characterization of his discharge was  too harsh.  Applicant's Records revealed that when applicant processed in at his new base, he was put on notice by his Squadron Commander that he was considering retaining him under Force Shaping but that his behavior would be closely followed.  Shortly thereafter, applicant received an Article  15 for operating a  motor vehicle while the alcohol concentration in his blood was .10 grams of alcohol per 100 m i lliliters of blood. Applicant was notified approximately six weeks later that he was being recommended for an administrative discharge and applicant's records reveal no evidence of any kind of probation and/or rehabilitation having been being undertaken/offered.   Although the Board opined the applicant's discharge should be upgraded to an Honorable, the Board felt that the reason and authority and the reenl istment code were appropriate and should not be changed due to the short duration of time since applicant's discharge and the fact that applicant did commit misconduct resulting in two Article 15s in a relati vely short period of time.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The applicant's characterization should be changed to  Honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief