AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

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AFSN/SSAN
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TYPE  GEN	x	I

PERSONAL  APPEARANCE

I	RECORD  REVIEW

COUNSEL
1-

.... NAME Of COUNSEL AND OR 011.GANIZ.A TION

ADDRESS AND OR ORGANIZATION OF COUNSEL

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YES	No
x

MEMBER SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC	OTHER

DENY

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EXHIBITS SUBMITTED TO TUE BOARD

ISSUES

A93.02 A94.05 A93.30

INDEX NUMBER

A67.90

I
ORDER APPOINTING Tl IE HOARD
2	APPLICATION FOR REVIEW Of DISCllA RGE
3	LETTER OF NOTIFICATION
4		BRIEF Of PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED A'I TI M E OF
PERSONAL APPEARA NCE

TAPE RECORDING OF Pl1:RSONAL APPEARANCE HE

HEARI NG DATE

CASE NUMBER

05 Jun 2007	FD-2006-00423
APPLICANT'S ISSUE ANO THE BOAR.D'S DECISIONAL RATIONALE ARE DISCUSSED ON Tflfi ATTACHED AIR FORCE DISCHARGE REVIEW BOARD OECISIONAL RATIONALE

Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an appl ication to the A FBCMR. Names and votes will be made available to the appl icant at the applicant's req uest.

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHC)RITY	/J
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TO,
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM,

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DATE: 6/25/2007
st:cN>:TAl<Y  OF THE AIR FORCE PERSON NEL CO!INCIL AIR FOl<CE DISCHARGE REVIEW BOANll
15J5 COMMAND DR, EE WING, JRD FLOOI< ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous ed ition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00423	

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on June 5, 2007.

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

FINDINGS:  The Board grants partial relief   Upgrade of discharge to honorable is granted.  Request for 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 applicant substantiates an impropriety that would justify a change of discharge.  However, based upon the record and evidence provided by applicant, the Board finds the applicant's character of discharge is inequitable.

ISSUE:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.
He admits that he was young and immature and has expressed a desire for upgrade of his discharge so that he may qualify for reenlistment into the armed forces.  The records indicated the applicant received an Article 15, a Vacation, three Letters of Reprimand, and two Letters of Counseling for misconduct.  The applicant received an Article 15 for failure to refrain from using alcoholic beverages while under the age of 21 .  He  was punished with a reduction in grade to Airman Basic (reduction below Airman was suspended) and restriction to Malmstrom AFB for 45 days.  The Vacation action was for breaking restriction at Malmstrom AFB.  He was reduced in grade to Airman Basic.  The applicant had additional misconduct and was administratively disciplined for being late for work, failure to go, reporting to work hung over and smelling of alcohol, dereliction of duty, and a civilian arrest for driving under the influence of alcohol.  The DRB did not condone the applicant's misconduct.  However, after complete consideration of the information
submitted by the applicant, the applicant's compelling personal testimony, and information contained in the record, the Board concluded that there was sufficient mitigation and extenuation to substantiate upgrade of his discharge to honorable.  The Board did not however agree to change the reason and authority for discharge or the applicant's reenlistment code.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. Therefore, the applicant's characterization should be changed to Honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief