AIR -FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SFRVl('F MFMRJ<'D fl HOT rnwT ···---u·:I NITIAL)	GRADE
AM N

---'""·--
PERSONAL  APPEARANCE

--

-------+--  ---------'"---------------;

TYPE  GEN

x

NAME OF COUNSEL AND OR ORGANI7ATION

YES
x

No

-

RECORD REVIEW
ADDRESS AND OR ORGANI7ATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

X*

X*

x
X*
x

ISSUES

A94.05
A93.23

INDEX NUMBER

A67. 10

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

HEARING DATE

13 Feb 2006

FD-2005-00284

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.

* Signal

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...,,..,.l..  _ _ _ _ - /7

TO:

FROM:

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

SECRETARY OF TIJE AIR FORCE PERSONN L COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, 1iE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE UISCIIARGE REVIEW BOARD DECISIONA L RATIONALE	CASF. NUMBER

FD-2005-00284	

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 availabl e 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.

ISSU E: Applicant contends the discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, four Letters of Reprimand, one Letter of Counseling, one Record of Individual Counseling and one Letter of Admonishment for misconduct. The misconduct included stealing cough and cold medicine from the base exchange, performing unsafe acts on the flightline, failed room inspection and re-inspection, appearing in unifonn with facial hair, failure to obey a lawful order, failure to go and lying, reporting to  duty unshaven, fail ure to return items to  library, and failure to  comply with instructions. The DRB opined that through these administrative actions, the applicant  had  ample opportunities to change his negative  behavior. The Board discussed the possibility that a discharge was inequitable because Dysthymia would have been a more appropriate basis for discharge. The Board noted that the applicant had other health concerns and that he was meeting with the Life Sk11l s Clinic. 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.  If he 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