AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

YES	No
x

PERSONAL  APPEARANCE	x	RECORD REVIEW

ADDRESS AND OR ORGANIZATJON OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY
x x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.10
A49.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER 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

HEAitlNG DATE	CASE NUMBER

11Oct 2005	FD-2005-00168

Case heard at 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 application to the AFBCMR.

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

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00168	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: Applicant  contends he is trying to get into law enforcement. The records indicated the applicant received a general discharge for misconduct--minor disciplinary infractions and unsatisfactory performance. His misconduct included five Air Education and Training Command Form 173s for failed block exams and dorm inspection, a Letter of Reprimand for underage drinking and failure to sign out, and a DD Form 1569, civil arrest for burglary of an automobile. The Discharge Review Board (DRB) opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The DRB considered whether applicant should have been discharged under an Entry Level separation during the first 180 days of his military service for unsatisfactory performance--failure to make progress in required training program due to three failed block tests. However, applicant's civil arrest for vehicle burglary was egregious misconduct. 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.

Inview 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