AIR  FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

INITIAL)

GRADE

TYPE  GEN	PERSONAL  APPEARANCE

AB
x	RECORD REVIEW

1--c_o_l.J.N.. l;E.J".:1'"
YES	No
x

NAM•:(ff COl'NSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION Of COUNSEL

MEMBER SITTING

HON

GEN

lJOTHC	OTHER

DENY

X+* X+*
X+*

X+*

A95.00 AOI.00

INDEX Nl'MllI;R

A67.10

2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

X+*

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASt: NllMBER

14 Feb 2006

FD-2005-00247

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.

+ RE Code
* Reason and Authority

TO:

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

SECRETARY OF THE AIR FORCE PF.RSONNEL COUNCIL AIR FORCE J)ISCJIARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD fLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EFN2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOA RD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00247	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change  the  reason  and authority for the discharge, and to 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 contains available perti nent data on the applicant and the factors leading to the discharge.

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

ISSU E: The applicant submitted no issues of inequity or impropriety. The records indicated the applicant received an Articl e 15, one Letter of Reprimand, and two Letters of Counseling for misconduct. The misconduct included failure to go disrespect to a noncommissioned ofllcer, disobeying a direct order, and maki ng false official statements. The ORB 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.

CONCLUSlONS: 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