AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF Sl<:RVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSA N

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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
•	<toUNSEL	NAME OF COUNSEL AND OR 0RGANl7.ATION	ADDRESS AND OR ORGANIZATION OF COllNSEL
YES	No
x

MEMBER SITTING

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HON	GEN	UOTl lC	OTl lER

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ISSUES	A92.0l	INDEX NLI MBF.R	A67.10	}IIII•	EXHlBlllS/SlJBMIT'JJ:ED  10 THEBOA8D	,,.. /.
A92.03	I	ORDER APPOINTING THE BOA R D
2	APPLICATION FOR REVIEW OF DISCHA RGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNS:I.'S RELEASE TO THE BOAR D

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ADDITIONAL EXHIJ3JTS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE R ECORDING OF PERSONAL A PPEARANCE I IF

HEARING DATE	CAS>; NUMBER

08 Ma r 2007	FD-2006-00352

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APPLICANT'S  ISSUE  '""' ;cc	nD'S DECISIONAL ll"::Ji!   AL AR.llll!liCU$SED ON Tf!EA'i'TACl:;\R FORCE Dl$ll\llll(Q REVIEW 00ARDtll!(J!SJONAL RA111J!ll•I;•. •... .
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Case heard in Wash i ngton, D.C.

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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 req uest.

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TO:	f"ROM:

SAF/MR BR
550 C STREET WEST, SUITE 40 RANDOU'fl A FB, TX 781 50·4742

SECRETARY  OF THE Aii<  FORCE  PERSONNEL  COllNCIL
AIR FORCF. DISCHARGE REVIF.W BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFR, MD 20762- 711112

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NIJMBER

FD-2006-00352	

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 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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, three Letters of Reprimand, and one Letters of Counsel ing for misconduct. The misconduct included late to work, reporting to work with alcohol in his system on two occasions, dereliction of d uty, failed dorm room inspection, and drunk on duty. The DRB opined that through these administrative actions, the appl icant 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 recei ved 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.

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