AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  I N ITIAL)

GRADE	AFSN/SSAN

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A I C

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TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

-1		COIJNSltL-_, NAMI': OF COUNSEL  ANll OR ORGANIZATION  YES		No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

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VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN

UOTHC	OTl lER	DEN Y

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ISSllF.S

A93. 19

INDEX NUMBER

A67. 10

EXHIBITS SUBMITTED TO THE BOARD

A94.05	1

ORDER APPOINTING Tl I F HOARD

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2	APPLICATION FOR R EVI EW OF DISCHARG L
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3	LETTER   OF  NOTIFICATION---------------
4	BRIEF Or PERSONNEL FILE
COUNSEL'S RELEASE TO Tl IE HOARD ADDITIONAL EX I llHITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

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TAPE RECORDING 01' PERSONA L A l'l'b\ RANCE HE
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HEARING IJATE	CASE NUMBER

20 Mar 2007	FD-2006-00404
APP UCANT'S ISSUE ANO THE aoARO'S DECISIONAl RATIONAL ARE DISCUSSED ON THE AlTACHED AIR fORCll DlCflAR(lE REVU W BOA.JU> DECISIONAi- l\A'l'IONAUl

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the ri ght to a personal appearance with/without counsel, and the right to submit an applicati on to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.
* Reason and Authority
+ Reenlistment Code

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v	DATE: 3126/2007

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SAF/MRBR
550 C STREET WEST. SUITE 40
RAN DOLPH Al'B. TX 781 50-4742

FROM'

SF.CRE'l'ARY OF 'l'HE AIR FORCE PERSONNEL COIJNCIL AIR FORC>; lllSCHARGE REVIEW BOARD
1535 COMM.\Nll llR, EE WING, JRD FLOOR ANDH.F.WS AFB 1 MD 20762-7002

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

Previous ed ition wi l l  be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00404	

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 reenlistment 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.

ISSUE:

Issue 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  He admits he had an alcohol problem and that is when he would get into trouble.  He states that he  has been sober for over three years and has expressed a desire for upgrade of his discharge to allow for reenlistment into the armed forces.  The records indicated the applicant received two Article 15s, two Letters of Reprimand, and a Letter of Counseling for misconduct.  His first Article 15 was for possession of beer while under the age of twenty-one.  He received a suspended reduction in grade to Airman, forfeiture of pay for two months, restriction to base for 30 days, and 30 days extra duty.  His second Article 15 was for remaining outside the limits of Osan Air Base and for being drunk and disorderly.  He was punished with a reduction in grade to Airman Basic (reduction bel ow Airman First Class was suspended), restriction to base for 45 days, restriction from clubs for 45 days, and 45 days of extra duty.  His records indicate he had additional misconduct and was administrativel y disciplined for unauthorized use of his government travel card, failure to obey a lawful order and financial irresponsibility.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's 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.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 7, 1999, that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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