AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLF; INITIAL)	GRADE	AFSN/SSAN

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TYPE   GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
ADDRESS ANIJ OR ORGANIZATION  Ot' COUNSEL

SSUES

A94.05

MEMBER SITTING

INDEX NUMBER	A64.00

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GEN

UOTHC

OTI-IER

DENY
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A92.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTif ICATION
4		BRIEF OF PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD

TAPE RECORDING OF PERSONAL APPEARANCE llE

HEARING  PATE	CASE NUMBER

24 May 2007	FD-2007-00013

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 appl ication to the AFBCMR.

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

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

SECRETARY OF THE AIR t"OKCE PERSONNEL COUNCIL
AIR  FORCE  DISCHARGE  REVrnw  BOARD 1535 COMMAND DR, EE WING, )RD FLOOR ANDREWS At"D, MD 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-2007-00013	

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.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  He contends that he had just finished an alcohol rehabilitation program and had a relapse.  Shortly after his relapse, his command started processing his separation.  The records indicated the applicant received an Article 15 for misconduct. The Article 15 was for being drunk and disorderly; and for assaulting an individual by striking his face with his hand.  He was punished with a suspended reduction in grade to Senior Airman, forfeiture of pay for two months, and restricted to the limits of Riyadh Air Base for 45 days.  The records also indicated at the time applicant was being processed for discharge, he waived his right to an administrative discharge board with a conditional waiver for receipt of a general discharge.  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, letters of recommendation 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