AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF' S:RVICE  Mt:MBER (LAST, FIRST MIDDLE  I N ITIAL)	GRADE	AFSN/SSAN

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PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OH 0HGANl7.ATION OF COUNSEL

MEMBER SITTING
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ISSUES

A93. 19 A92.21 A92.17

INIJF:X NUMBER

A67.50

EXHJBl'iliilIS:lJ'.SMITTED
1	ORDER APPOINTING THE BOARD
2	Al'PLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL FXI llBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE R ECOR DING OF PERSONA L APPEARANCE Ill-:

HEARING  llATE	CASE   NUMBER

11 Jan 2007

FD-2006-00137

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel , and the right to subm it an appl ication to the A FBCM R

Names and votes wi l l   be made avai l able to the applicant at the applicant's req uest.

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SAf/MRBR
550 C STREET WEST, SUITE 40
RANDOLl'l l AFB, TX 781 50"4742

SC1<t;TARY OF TllE AIR FORCE Pt;KSONNEL COUNCIL
AIR FORCE DISCHARGF: REVIEW BOARD 1535 COMMA Nil J>R, EE WING,JRD FLOOK ANDREWS A FR, MD 20762- 7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition wil. I be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBF:R

FD-2006-0013 7	

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. Applicant admits that he made bad decisions during his off-duty ti me that were alcohol related incidents.   The records indicated the appl icant received two Article 15's, and a Vacation for misconduct. Both of the Article 15's received by appl icant were for striking airmen with his fist.  The first Article 15, he was punished with a suspended reduction in grade to Airman and a reprimand.  The second Article 15, he received a suspended reduction in grade to Airman, forfeiture of $645.00 pay for two months, and 30 days of correctional custody.  He was disciplined with a Vacation action for driving under the influence of alcohol.
He was reduced in grade to Airman.  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 m i Iitary members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  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.

Issue 3.  The DRB was pleased to sec that the applicant was doing well and continuing his education. However, no ineq uity or impropriety in his discharge was suggested or found in the course of the heari ng. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 4.  The applicant cited his desire to receive the G. L Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on May 21, 2001) that he understood he must receive an ITonorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the l oss of these benefi ts 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 l egal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief