AIR FORCE DJSCHARG E REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
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ADDRESS AND OR ORGANIZATION OF COUNSEL

vot.EiC>F  THE  BOARD	···········•··

MEMBER  SITTING

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ISSUES

A92.0l A94.05

INDEX NUMBER

A67.10

2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER Of NOTIFICATION
4	BRIEF OF PERSON NEL FILE COUNSEL'S !{ELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDI NG OF PERSONAL APPEARANCE HEARfNG

HEARING DATE	CASE NUMBER

15 Ma r 2007	FD-2006-00461
"JONAI.• • c••c%----.: .  ON Tll¢::ATI'ACHF.O AIR FQJ(CE OJSCHAR
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Case heard in Washi ngton, 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 wi ll be made available to the applicant at the applicant's request.

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I FRUM:

INDOT(!!l ENT

TO:
SAF/MRl3R
550 C STREET WEST, SUITE 40
RANDOLPH AFH, TX 78150-4742
I	I

SECRETARY OF THE AIR FORCF. PERSUNNI::L COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMANll llR, F.E WING, JRll Fl.OOR ANDREWS AFB, Mil 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00461	

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

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 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. The applicant contends his discharge was ineq uitable because it was too harsh.  The records indicated the applicant received three Article 15s and two Letters of Reprimand for miscond uct.  The miscond uct included driving under the influence of alcohol, reckless endangerment, disorderl y conduct, attempting to bring an illegal alien across the United States/ Mexico border, failing to return from Mexico before curfew, having sexual intercourse in the presence of others, committing adultery on divers occasions, speeding and driving with alcohol in his system.  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.

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