AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD

NAME OF SERVICE MEMBER (LAST, Fl RST MIDDLE I NITIAL)
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GRADE	AFSN/SSAN
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AMN

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TYPE GEN

PERSONAL  APPEARANCE
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YES	No

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NAME OF COliNSEL AND OR ORGANIZATION

ADDRESS ANU OR ORGANIZATION OF COUNS!;L

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MEMBER SITTING

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ISSUES

A94.05

INUEX NIJMBER

A67.10

1	OR DER APPOI NTING THE BOARD
2	APPLICATION FOR REVI EW OF DISCHARGE
3	LETTER OF NOT!f!CATION
4	BRlEf or PERSONNEL f!LE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONAL EXI llBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING Of PERSONAL APPEARANCE HE

HEARING DATE	

22 Feb 2007	FD-2006-00242

Case heard in Wash ington, D.C.

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Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the A FBCMR.

Names and votes wil 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 RANDOLPH AFB, TX 78150-4742

SIOCRETARV OF TllE AIR FORCE PERSONNEL COUNCIL All! FORCt: lllSCllARGE REVIEW BOARD
1535 COMMANIJ DR,  :f: WING, JRD FLOOR
ANDREWS A.-0, MIJ Z117r,z. 7002

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

AIR FORCE DISCHARGE REVIEW  BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00242	

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:  The applicant contends that his discharge was inequitable because his commander did not consider the recommendations of two medical officers that he be retrained. The medical records indicated that the applicant suffered a head trauma after he operated a gas-powered scooter while intoxicated. It was also noted that half of the misconduct occurred before the accident.  The Board acknowledged the recommendations of the two medical officers and found that it was within the commander's discretion to retain or discharge the applicant.  The records i ndicated the applicant received two Article 1Ss and four Letters of Reprimand for misconduct.  The misconduct included late for duty on multiple occasions, financial irresponsibility, apprehended for public disorderly conduct by l ocal law enforcement, underage drinking, and failing to notify his supervisor after he contaminated an oi l drum with hydraulic fluid. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The characterization of the discharge received by the applicant was found to be appropriate.

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