AIR FORCE DISCH A RG E REVIEW BOARD HEARI NG RECORD
NAME OF SEIHICE J\IEMBER (LAST, FIRST MJJ)O U: IN ITI A i.)

AFSN/SSAN

TYPE GEN --+---L	PERSONA L APPEAR ANCE_•   	

x_--J-

 RECORD REVIEW  	 	

1	c_o_u,.N..s..E.·1-      _,  NAH: Of COUNSEi ..  ANJ) OR ORGANIZATION	ADORFSS ANLI OR ORGANIZATION OF COUNSEL
YES	No
x

MEMBER  SITTING

HON

GEN'" 1·} 0THC	OTIIER "T- ....DENY
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ISSUES

A93.09

INOEX NUMBER

A67.50

x
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x
x
x x

OR DER APPOINTING THE BOAR D
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2	APPLICATION FOR REVIEW OF DISCHARU_'F_.

1
3	LETTER OF NOTIF!CATJON
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDI IJONAL EXHIRITS·s"'""'"B' Ml=r=rEL= A'j'= l\1=E.oe- ) F---I
PERSONAL  APPEARANCE
TAPE R ECORDING OF PERSON Ai. A PPEARANCE

111.:ARJNG DATF	CASI: NUMIJER

08 Dec 2005	FD-2005-00158
APPLICANT'S l!'>SUE AND TilE BONQ):$' DEC!SIONAL RATIONAL ARE DISCUSSED ON THE AFACHED AIR FORCc DISCHARGE REVIEW Vf>AllJ)pECIS!QNAt RATIONAt:E

Case heard at Wash ington, D.C.

Advise appl icant 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 wi l l  be made available to the applicant at the applicant's request.

SAF/M R RR
550 C STREET WEST, SUITE 40
RANDOLPH A FB. TX 78150-4742

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SECRHARY  OF THE AIR  t"ORCI: PERS(lNNF:l.. COllNCll­

AlR FORCE DISCHARGF. REVIEW BOARD 1535 COMM,\ND DR, H. WING, 3RD FLOOR ANDREWS AFR, MD 20762-7002

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

AIR FORCE DISCHARG E REVJ EW BOARD DECISIONAL RATIONALE	CASF. NUMBER

FD-2005-001 58	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change  the  reason  and authority for the discharge, and 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 contai ns avai lable pertinent data on the applicant and the factors leading to the discharge.

FI NDINGS: Upgrade of discharge, change of reason 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 impropriet y that would justify a change of discharge.

ISSUE: Applicant does not contest his discharge. He states the reason for his discharge was caused by conflicts with his supervisor and lack of judgment on his part. He further states that he has accompl ished and learned much in the past nine years and wishes to serve hi s country again. The records indicated the applicant received two Article l 5s for fai lure to go. I le also received four Letters of Reprimand  and two Letters of Counseling for being later for work, late to a traini ng session, failure to complete additional duties, failure to follow instructions and a civil arrest for DUL negl igent use of a firearm and fail ure to maintain a traffic lane. The DRB opined that through these administrative actions, the applicant  had  ample opportunities to change his negative behavior. The Board concluded the miscond uct was  a  significant departure from conduct expected of all mi litary mem bers. The characterization of the discharge recei ved by the applicant was found to be appropriate.

CONCLUSIONS: The Discharge Review Board concl udes 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