AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

AI C

AFSN/SSAN
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TYPE GEN

YES	No
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I	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANl7'ATION

x	I	RECORD  REVIEW
ADDRESS AND OR 0RGANl7'A TION Of COUNSEL

MEMBER SITTING
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A67.IO	··•····•····.·.•.···.	E'.)l!fl:UllTS SUBMnllliD T()••'fl•l:Jij BOARD

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ISSUES

A94.l l A94.05

INOl:X NUMBER

1	ORDER Al'POrNTING THE BOARD
2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
4	BRIEF OF PERSONNEL FILE COUNSEL'S R E LEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  PATE

CASE NUMBER

28 Jul 2006	FD-2005-00256

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ase heard at Washington, D.C.

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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 req uest.

*Reason and Authority 4-Reenlistment Code

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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00256	

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenl istment code.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

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

The Board find s that neither the evidence ofrecord nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Issue.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 1 5 and four Letters of Reprimand for misconduct.  In reverse order of occurrence, the applicant received four Letters of Reprimand for missing dental appointments, being late for work and driving under the influence of alcohol .  The Article 15 was for being on post as a sentinel and found sleeping on duty.  He was reduced to airman first class and suspended forfeiture of pay.  The DRB
opined that through these administrative actions, the appl icant 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.

Ifhe 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 appl icant's discharge should not be changed.

Attachment: Examiner's Brief