AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE  GEN

PERSONAL  APPEARANCE

AlC
x	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

x
VOTE OF THE BOA])

MEMBER SITTING

HON

GEN

IJOTl lC	OTHER

DENY
x

ISSUES	A93. 19 A92.21

I INDEX NUMBER

A67. 10

x x x
x

ORDER  APPOINTING  Tl IE BOARD
2	APPL!CA TION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlf!CATiON
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT    'UBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

17 Oct 2006

FD-2006-00004

Case heard in 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 req uest.

2

R	::=: ::

))ATE:  10i'2/2!lllli

TO:

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

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
15J5 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MO 20762-7002

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

CASE NUMBER

FD-2006-00004

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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:

Issue 1.  The applicant was discharged with an Under Honorable Conditions (General) discharge for minor disciplinary infractions.  He admits that he made a bad choice while in the Air Force.  The records indicated the applicant received three Letters of Reprimand, two Letters of Counseling, and a Letter of Admonishment for misconduct.  The applicant was administratively disciplined with three Letters of Reprimand for public intoxication whereas he was insubordinate and dismissive to Shore Patrol NCOs, Security Forces NCOs, and the First Sergeant, being late for duty, and driving under the influence of alcohol.  His misconduct was  further documented with Letters of Counseling and Admonishment for being late for duty.  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.  The DRB was pleased to see that the applicant was doing well and has continued his education. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant 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