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I	AIR FORCE DISCHARGE  REVIEW BOAR D HEARING RECORD --,-
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GRADE

AB
x . I	RECORD  REVIEW
ADDRESS AND Olt ORGANIZATION  0t·COUNSEL

Yli:S	No
x

ISSUES	A93.01
A29.03

MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x
x
INOEX NUMB!i:R	A67.10	... i. ·> > > EX!J -TS su.f.J'll'Eq11:1i11l·n11i llll\!RJ,l\:..i:<F' < ·	•.
l	ORDER APPOINTING THE BOARD
2	APPLJCATlON  FOR REVIEW OF DISCHARGE
3	LETTER OF NOT!f lCATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
AODlTlONAL EXHIBITS SUl3MITTED AT TIME OF
PERSONAi. APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATli:	CASE NUMBER
25 Jan 2006	FD-2004-00199

11

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A ppl icant was offered a personal appearance and was scheduled to participate in a video-teleconference DRB on
25 January 2006 between St. Augustine FL and Andrews AFB.  The appl icant failed to appear and did not attempt to resched ule or explain his absence.  His case was then reviewed as a records review case.

Ad vise applicant of the decision of the Board, 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.

AFHQ FOR M 0-2077, JAN 00	(EF-Y2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASF: NUMBER

FD-2004-00199	

GENERAL:	The  applicant  appeals for upgrade  of discharge  to honorable  or to change the reason  and authority for the discharge to entry level separation, and to change the reenlistment code.

The applicant was offered a  personal appearance before the Discharge Review Board (DRB) and was scheduled to appear before the DRB via a video-teleconference but he did not keep the appointment or call to reschedule.   His case was then processed as a records review DRB.

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

FINDINGS:	Upgrade  of  discharge  and  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are denied.

The Board  finds that the evidence of record does not  substantiate  an inequity  or impropriety  that would justify a change of discharge.

ISSUE:

Issue 1. Applicant contends that "he was not mature and deserves another chance."  The DRB noted the applicant was almost 19 years of age when the discharge took place.  However, there is no evidence he was unusually immature or did not know right from wrong.  The Board opined that the vast majority of first-term members properly adhere to the Air Force's standards of conduct and that the applicant presented no justification  for his repetitive miscond uct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to his misconduct.

Issue 2.  Applicant requests that the reason (minor disciplinary infractions) for his discharge be changed to "Entry Level Separation" because he was only two months past the six month cut-off to receive an entry  level separation.  There is no indication in the file that the unit commander abused his discretion in determining when to separate the respondent.  The Board concluded the reason for the discharge received by the applicant was 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