AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME  OF SERVICE MEMBER  (LAST, FIRST  MIDDU: I NITIAL)	GRADE	AFSN/SSAN

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AMN	'-----------------'

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TYPR  GEN
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x	I	RECORD  REVIEW

COUNSEL	NAME OF COUNSEi. ANll OR ORGANIZATION	All IIRESS ANll OR ORGANIZATION OF COUNSEL
YES	I	No
I	x
VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN	UOTllC	OTH ER	DENY
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x
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x
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ISSll S	A94.05	INDEX NUMBER	A67.10	EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING Tl I E BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE R ECOR[)ING or: PERSONAL APPEARANCE llE

HEARING DAT	CASE NUMBER

22 Mar 2007	FD-2006-00415
APPLICANT'S ISSUF: AND THE llOARO'S DECISIONAL RATIONAL ARE DJSCUSSW ON THE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 AFBCM R

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

X - Upgrade, Change Reason for Discharge and Change Reenlistment Code

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INDORSEMENT

   	'I
DA"ff,: 5/4/2007

TO,	FROM,
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEi. COUNCIL
AIR FORCI; IUSCHARGE REVIEW  JIOAIUl

550 C STR EET WEST, SUITE 40

1535 COMMAND DR, EE WING, 3RD FWOR

RANDOLPH AFB, TX 78150-4742	ANDREWS AFR, 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-2006-00415	

GENERAL:	The applicant  appeals  for upgrade  of discharge to honorable,  to  change the reason  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  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:

The applicant contends the discharge was inequitable because it was based on one isolated incident in 40 months of service.  The record indicates that the applicant received an Article 15 for wrongful previous overindulgence of intoxicating liquor or drugs that incapacitated him for the proper performance of duty.  He was punished with a reduction in rank to Airman.  In addition, the record shows the applicant was denied reenlistment for substandard performance.  The record shows that the applicant was discharged for Misconduct, Minor Disciplinary Infractions, but was missing the discharge documentation.  Lacking this evidence, the Board must rely on the presumption of regularity and finds the characterization, reason for discharge and reenlistment code received appropriate.

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