AIR FORCE DISCH ARGE REVIEW BOA RD H EARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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AFSN/SSAN

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TYPE GEN
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I	PERSONAL     APPEARANCE
NAME OF COUNSEL AND ON ORGANIZATION

MEMBER SITTING

x	I	RECORD    REVIEW
ADDRESS AND 01< Ol<GANIZATION OF COUNSEL

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ISSUES

A94.05

INDEX NUMBER

A67. 10

A57.03	1	OR DER APPOINTING THE BOAR D
2	APPLICATION fOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXI llBITS SUBMITTED AT TI ME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE I lb

llMRING DATF.	CASE NUMRF.R

22 Feb 2007	FD-2005-00008

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 appl icant at the appl icant's req uest.

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TO:

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

SECRETARY OF THF. AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW HOARD
1535 COMMAND  DR, EE WING, JRIJ FLOOR ANDREWS At"B, MD 20762·70112

AI<"HQ :FORM 0-2077, JAN 00	(EF-V2)	Previous edition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI<: Nl'MHF.R

FD-2005-00008	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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  substanti ates  an inequity or impropriety that would justify a change of discharge.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The applicant believed that the discharge was based on one isolated incident in his entire career.  The records indicated the applicant received an Article  15, seven Letters of Reprimand, and two Records of Individual Counseling for misconduct.  The misconduct included late for duty on numerous occasions. fa i lure to obey a lawful order, pattern of misconduct, solicitation to commit an offense, un l awful ly striking another airman, and fl eeing  from an armed force policeman. 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.

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