AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

'

SRA	·---------------'

YPi-ciEN·---- -- ---r··-- PEsoNAL  APPEARANCE	x	1

RECORD  REVIEW

NAME 0>" COUNSEL AND OR ORGANIZATION	·--------1-A-   l_llH_,;'s-A_N_D_OR_

I	x

_R-G.AN,-ZA-T IO_N_O_F_C_OU_N_St_:i .  ----- ----

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    ,

    ,

----------	·----------- -	·

x x x
x
:--------------­
'	x
'

ISSUES

A92.01 A92.03 A93.29

INDEX NUMBICR

A69.00

. w·.··· :::•:J\tJ\\i •   EXHJBl'tSiSllllBMlTIED l'o't.HE•••!BoARD . ....	•.·i  > •
ORDER APPOINTING THE l:IOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATJON
4		BRIEF OF PERSONNEL FILE COUNSEL'S RU .EASE TO THE BOARD
l--+---A. DDll'IONAL EXl-llBITS.SLJBMJll ED ATiTMF OF
l'ERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPFARANCE HE

HEARING DATE	CAS>; NllMDER

22 Ma r 2007	FD-2006-00348

Case heard  i n  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 application to the AFBCMR.

Names and votes wi 1 1   be made available to the applicant at the applicant's req uest.

X -·Upgrade of discharge, change ofreason & authority, and change of reenlistment code are denied .

:

.,- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - --- - - - - ....1. - - - - - - - - - - - - •.,.....	_

TO,

w	INDOR!ii.Ji:MiEIN'T	1::::1111:!
SAF/MRHR	I   FROMo	SECRETARY    OF THE  AIR  FORCE  PERSONNEL   COUNCIL

40

.'i.'i() C S'f Rl'l-..·-1· W .'ST, SlJJTE	AIR  FORCE  lllSCllARGE  REVIEW  BOARll
·-	-	"-	•	1535 COMMAND Ill<,    F. WING, 3RD FLOOR

'---- RA NDO_L_PH_ _A_F_B_. T-X 78_1_50_-47-4_2	---- -.	A_N_DR-E_W_S_AF_B_.M-·D-207-62--_700_2	,..,

AHIQ FORM 0-2077, JAN 00	(EF-V2)

Previous edition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00348	

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  of  reason   and  authority   for  discharge,  and  change  of reenlist ment 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.

ISSU E:

Applicant contends that his discharge did not take into account the good things he did while i n the service. Applicant states that he was informed by his commander that a refusal to attend alcohol counseling was the only way to separate because of his reenlistment contract obligations.  He states that he accepted the discharge but was unaware that it would prevent him from reenl isting.  The record indicates that the applicant received an Article 15 for drunk and disorderly.  The record shows that the applicant signed a statement that he was refusing alcohol treatment and that he understood that doing so would make him
subject to discharge action.  In addition, the applicant waived his right for an administrative discharge board.

The Board took note of the applicant's duty performance as documented by his performance reports, l etters of recommendation and other accomplishments, but found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concl uded the characterization of the discharge, reason for discharge and reenlistment code appropriate for the reasons which were the basis for this case.

The Board recommends that if the applicant can provide additional documented information to substantiate his issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the Board with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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 appl icant 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, reason for discharge and reenlistment code should not be changed.

Attachment: Examiner's Brief