AI R FORCE DISCHARGE REVIEW BOARD HEARI NG RECORD

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

AFSN/SSAN

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SSGT	·:..-_-_-_-_-_-_-_-_-_-_-_--_ -_ :,

TYPE  GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION lYEs-.1.---N  o--i
I x

ADDRESS AND OR ORGANIZATION OF COUNSEL

i.   .<	VOTE 01<" THE BOARD

MEMBER SITTING

!ION	GEN

UOTHC

OTHER

DENY

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X*+ X*+
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ISSUES

A92.35 A92.21 A94.05

INDEX NUMBER

A61.00

,EXHUJITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE

3	LETTER OF NOTIFICATION
4	BRIEi' OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SU BM ITTED AT TrME OF
PERSONAL  APPEARANCE

TAPE RECORDI NG OF PERSONAL APPEARANCE I IE

HEARING DATE	CASE NllMBF;R

13 Mar 2007	FD-2006-00347
''AJ>!ILlCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL Altll DISCIJ$Sl!D ON THE A'l'l'A9HED Alli f ORCE DISCll.\l,ll,YJllW l!OAlUl DECISIONAL RATIONAtE

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 i t an appl ication to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's req uest.
* Reason and A uthority
+ Reenl istment Code

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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

Fl<OM:

SECRETARY OF THE AIR FORCE PERSONNI::L  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
15J5 COM MANO Oil, Ef: WING, 3RO FLOOR ANDR!i:WS AFR, MD io76i.700Z

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-0034 7	

GENERAL:  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 ofreason 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident.  He has expressed a desire to have his discharge upgraded so that he may qualify for reenlistment into the armed forces.  The records indicated the appl icant received a civilian conviction for driving under the influence of alcohol which resulted in bodily injuries.  His civilian conviction resulted in 180 days of confinement (90 days straight and 90 days alternative sentencing program), fined $1063.00, $200.00 restitution fund, $250.00 probation fees, and three years probation.  The Board concluded the applicant's
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.  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 see that the applicant was doing well and has a good job.  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.

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