AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADie

AFSN/SSA N
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AB	''

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TYPE  GEN

I	PERSON AL  APPEARANCE

x	I	RECORD    REVIEW

1--

COUNSEL--i NAME Ot" COUNSEL AND OR ORGANIZ:Al'ION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x
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VOTE: OF THE BOA R D

MEMBER  SITTING
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UTHFR	Dl N Y

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ISSUES

A94.06

INDEX NUMBER

A69.00

EXHIBITS UMITTED TO THE BOARD
1	ORDER APPOINTING THE BOA RD
2	APPLICATION fOR REVIEW OF DISCHARGE
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3	LETTER OF NOTI FICATION
4	BRIEF OF PERSON N U. Fl I .I-.

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COl J NSEL'S RELEASE TO Till.': HOA R D

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ADDITIONAL EXH!l31TS SU8MITTED AT TIME-OF PERSONAL APPFARA NCE
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TAPE RECORDI NG OF PERSONAL APPEA R A NCE HE

HEARING  llAT£	CASE NUMBER

22 Feb 2007	FD-2006-00257
APPLICANTS ISSUE ANDlliE BOARD'S DECISIONAL RATIONAL All.E OlSCUSSllD ON THE AnACHED AJR FORCE OlSCHAROE RllVIEW llOARD DECISIONAt RATIONALE

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 subm it an appl ication to the A FBCMR.

Names and votes wi l l be made available to the appl icant at the appl icant's req uest.

+ Reason and Authority
* Reenlistment Code

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TO:

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

FROM:

SECRETARY  OF THE AIR  t•ORCE   PRSONNl\t  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
lJ COMMAND DR, EE WI NG, JRD FLOOR ANDREWS AFB, Mil 20762-7002

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AFHQ FORM 0-2077, JAN 00	lEf -V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00257	

GENERA L: 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 (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, change of reason and authority for discharge, and  change  of reenlistment code are 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: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received one Article 15 and one Memorand um for Record for misconduct. The  misconduct included Alcohol/Drug Abuse Prevention and Treatment Program failure and Driving Under the Influence. 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.

CONCLUSIONS: The Discharge Review Board concl udes 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