AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF S•:RVJCE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

;----------------------------

AMN

-: ----------------:

-----I

-''---	- --- - - -..-._.....,- --_.-..,-,._-, -_.-.., - - -_.-.., - -'·' ---------------------+---------------·- - -- - -- - -- - -- - - ·

TYPE  GEN	I	PERSONAL  APPEARANCE	x	I

RECORD REVIEW

l- c_ou"TN" SE_L_...j NAME OF COUNSEL AND OR ORGANIZATION YES	I	No
I	x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

llON	GEN	UOTHC

OTHER	DENY

X*+ X*+ X*+
X*+

ISSllES

A94.05 A92.00

INDEX NUMBER

A67.30

'''EXMBlTS StJBMµTO 'J,'.HE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL f!LE COUNSEL'S RELEASE TO THE BOAR D
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARANCE HE

Hl>ARING DATE	CASE  NllMBER

08 May 2007	FD-2007-00009
APPI,ICANJ;"S lSSUl! AND 'l'Hll liOAIU>'S Dl!G!I IONAL RATIONAL Alill Dl$CU$$l!D uN 1111,,l\J;"!CHlilD AlJ\ fORCtl DISCHAll:G!l MVlll)\' 80Al\l) DBCISIONAL RATIONALS
AMp
Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application 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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, ,	"''r,•·,..·""·"•·a 1N-'ii'dRSEMENT "

TO:

/ };', '. '	DATE:  5/ltz007
FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORC1': DISCHARGE REVIEW llOARD 1535 COMMAND DR, EE WING, JRIJ FLOOR ANDREWS AFB, MD 20762·70112

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2007-00009	

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 ofreason 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. Applicant contends discharge was inequitable because it was too harsh and based on one small incident in almost four years of outstanding conduct.  The applicant also expressed a desire to have his discharge upgraded so that he may qualify for reenlistment into the armed forces.  The records indicated the applicant had a Special Court Martial, a Letter of Reprimand, and a Letter of Counseling for misconduct.
The Special Court Martial conviction found the applicant guilty for attempted use of Vicodin, a schedule III controlled substance.  He was sentenced by Officer Members to confinement for 30 days, forfeiture of pay for one month, and a reduction in grade to Airman.  His records also indicated he was administratively disciplined for financial irresponsibility and failure to obey a lawful order.  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.  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