AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD
NAMI': OF SERVICE M EMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL  APPEARANCE		x	I	RECORD  REVIEW

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YES	No
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········•     NAME Of COUNSEL AN!l OR ORGANIUTION	ADDRESS ANll  OR  ORGANll.ATION Ot' COUNSEL

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A92.01

INDEX NUMBER

A67.to
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EilllUTS SUB.JTTED• •tt!lll:!i :JlE :B(:l)MD	•,•,, •. :/:•
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A94.05	I	ORDER APPOI NTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
I	ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
I	TAPE RECORDING OF PERSONAL APPEARANCI: IIEARING

HEARING  llAH:	CASE NUMBEI<

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15 Mar 2007	FD-2006-00382

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Case heard i n Washi ngton, D.C.

Advise appl icant 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 wi ll be made available to the applicant at the applicant's request.

X - Upgrade of discharge, change of reason and authority, and change of reenl istment code are denied.

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'	INDOQSEMENT	'D}t[E::::::r3/161:2f1Qtz
TO:	FROM:
SA F/MRBR	SECRETARY  0t·TflE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE  REVIEW BOAl<D

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WI NG, JRD FLOOR

RANDOLPH AFl3, TX 781 50-4742	ANDREWS  AFB, MD  2076P002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00382	

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 avail able perti nent 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 reenlistment code are denied.

The Board  finds that  neither  the  evidence  of record  nor  that provided  by  the  appl icant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES:

Issue I .  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 and two Letters of Repri mand for misconduct.  The misconduct incl uded unprofessional  conduct, operating a motor vehicle while intoxicated, and underage drinking.  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 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 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.

ln 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