AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

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AFSN/SSAN
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TYPE GEN

PERSONAL  APPEARANCE

x	RECORD  REVIEW
ADDRF;SS AND OR ORGANIZATION OF COUNSEL

x

MEMBER  SITTING	HON

GEN

UOTHC

OTHER

DENY

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x
x

ISSUES

A94.06
AOl.14

INDEX NUMBER

A67.90

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x

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT   SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASl! Nl/MBER

22 Mar 2007	FD-2006-00350

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 submit an application to the AFBCMR

Names and votes will be made available to the applicant at the applicant's request.

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

SECRETARY OF TllE AIR FORCF. PERSONNEi.. COllNCJ(, AIR FORCE DISCHARGF. REVIEW BOARD
1535 COMMAND DR, li:E WING, )RD t"L00R
ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00350	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined to exercise this right.

The attached brief contains avai l able pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the appl icant's character of discharge inequitabl e.

ISSUE:

The applicant was discharged with an under honorable conditions (general) discharge for pattern of misconduct--conduct prejudicial to good conduct and discipline in May 2002.  The record indicates that the applicant received a Letter of Repri mand (LOR) for driving under the influence, an Article 15 for possessing and consuming alcoholic beverages while under the age of 21, and a vacation of Article 15 for being disrespectful to a senior noncommissioned  officer.  There were no other administrative actions taken against the applicant.  After thorough and complete consideration of the information submitted by the applicant and those contained in the record, the Board concluded there was sufficient mitigation to substantiate upgrade  and change of the reason for discharge.  Specifically, the Board found the characterization was too harsh and that the reason for discharge did not reflect the miscond uct correctly.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within lhe discretion of the discharge authority and that the appl icant was provided full administrative due process.

However, in view of the foregoing findings,  the Board further concludes that the overall quality of the applicant's service is more accurately reflected by an IIonorabl e discharge and the reason for the discharge is more accurately described as Minor Disciplinary Infractions. Therefore,  the  applicant 's characterization should be changed to Honorable and the  reason for discharge should be changed to  Minor Disciplinary Infractions under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief