AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

i----------------------
----------------------

...-_-_-_-_-_-_-_-_-_-_-_-_-_-_.
AB	''	''

TYPE  GEN	PERSON AL APPEARA NCE	x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SJTTING

.--------------------------------------- .

HON

GEN

UOTHC

OTHER

DENY
x x

ISSUES

A94.53 A95.00 A01.00

INDEX NUMBER

A67.10

x
x
x
 SUBMllll lllO THE BOARD 	
ORDER APPOINTI NG TH E BOAR D
2	APPLICATION I-OR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

4		BRIEF OF PERSONN EL rILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DAU:	CASE NUMDf.R

28 Jul 2006	FD-2005-00483

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 wi ll be made available to the appl icant at the applicant's req uest.

.,
'

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

SECRETARY OF THE AIR FORCI: PERSONNEL COUNCIL
/\IR 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 wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00483	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

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:  Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. The applicant submitted no issues and requested that the review be completed based on the available service record.  The records indicated the applicant received an Article 15 and a Letter of Reprimand for misconduct.  The Article 15 was for being derelict in the performance of duties for failing to refrain from drinking alcohol while under the age of 21 and failure to go at the time prescribed to appointed place of duty.  As a result, he was reduced to airman basic, as suspended forfeiture of pay and restriction to Malmstrom AFB for 60 days.  He also received a Letter of Reprimand for being late to work.  The ORB 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 recei ved by the applicant was found to be appropriate.

If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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