AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSA N

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TYPE  GEN	I

PERSONAL  APPEARANCE
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RECORD REVIEW

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ISSUES

A92.21

INDEX NUMBER

A67.50

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A94.05	1	ORDER APPOINTING Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON NEL FlLF COUNSEL'S RELEASE TO Tl I F HOARD
ADD[TJONAL EXH1111TS SUBMITTED AT TI M E OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE 11 F

llEARING  DATE	CASE NUMBER

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08 Mar 2007	:FD-2006-00364

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... •N  o ISSUE.ANv 1 tto BOA!ll'l'!/!IJl'lC! '!PNAL JVill:!!il:l\lAL ARE DISCUSSl!IJ:•tiNQ;lilllI!\\llli,!l9flED AIR FORCE OlSCHAROE l\:ll!llEWBd\llJUJ	RA'	........      .· .. <I:: •	.....

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 req uest.

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DATE.:.·31912007

INDORSEMl1:l!iTV.
TO:	I FROM,
SA!:'/MRBR	SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL
AIR FORCE DISCllARGE  REVIEW  BOARD

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

   I 	

1535 COMMAND  DR, EE WING, 3RD FLOOI! ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00364	

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

The appl icant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains availabl e pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge 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 two Article 15s for misconduct.  The misconduct included consuming alcoholic beverages rendering him unfit for duty, drinking while on telephone standby, making a false statement, driving under the influence of alcohol, and wrongfolly using provoking words and obscene gestures.   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.

Issue 2.   Applicant cited his post-service activities as justification  for upgrade.  The DRB was pleased to  hear that the applicant was doing well and has completed a 90-day alcohol rehabilitation program.  However, no ineq uity 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 administrati ve 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