AIR FORCE DISCHARG E R EVIEW BOA RD HEARI NG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AM N

I  AFSN/SSAN

TYPE HON

PERSONAL  APPEARANCE

x	I	RECORD RE  ·1£W

1--__c"'."u;;.'.!$_.E.L..._---I NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

I	VOTE  OF THE  BOARD

-1

 	H_O_N-    ·--G-E_N_--r_U_OT_H_C-1	o_T_H_E_Ri----oEN .

::	I

x
x

ISSUES

A94.05

INDEX NUMBER

A67.I O

l----+-_O_R_D___< - B_p _TI_sN_uIN_o_T___E_BD_o__P    ___E

X*

BO_A_ _R_D	1

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S  RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

06 Dec 2005	FD-2005-00084
APPLICANT'S ISSUE AND TIIE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Wash ington, D.C.

* Send signa l

Advise appl icant of the decision of t he Board, the right to a personal appearance with/without counsel, and t he right to submit an application to the AFBCMR.

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

I SIGNATURE orcoRDER	/

I
SIGNATURE QF BOARD Plil:SIDENT,·'

	...	INDORSEMENT	-"				DATE: 12/6/2005		
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'  '" ---·-  "'

l_

TO:	I FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 c STREET WEST, SUITE 40	1535 COMMAND DR, [[ WING, JRD FLOOR
781 50-4742	ANDREWS AFB,MD 20762-7002
RANDOLPH AFB, TX

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AFHQ FOR M 0-2077, JAN 00	(EF-V2)	Previous edition wil I be used		

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00084	

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: Applicant contends discharge was inequitable because it was too harsh because he was discharged "after being diagnosed with insomnia." The records indicated the applicant received two Article 15s, one Letter of Reprimand, and three Records of Individual Counseling for misconduct. The misconduct included recurring lateness, failure to go, and making a false statement. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The DRB had no medical records or documentation confirming a diagnosis of insomnia. 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.

If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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