AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
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ITIAL)	GRADE

AlC
TYPE  GEN	I	PERSONA L APPEARANCE	x	I	RECORD  REVIEW
CQl;L	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x
. -..>	i1	x
x x
ISSUES	A93.09	INDEX NUMBER	A49.00	EXHIBITS $,UBMITIED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICA TJON  FOR REVIEW OF DISCHARGE
3	LETTER  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

HEARING DATE	CASE NUMBER

29 Dec 2005	FD-2005-00288
APPLICANT'S ISS\JE AND 11lEBOARD'S DECISJONAL RATIONAL ARE; OlSCUSSEb ON nm ArTACHED AIR FORCE DISCI{ARGE REVIEW BOARD DECISIONAL RATIONALE
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.

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INDORSEMN'.f	DATE: U/29/2005
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH  AFB, TX 78I 50-4742	ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00288	

GENERAL: The applicant appeals for upgrade of discharge to honorable, 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 contains available pertinent 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 that neither the evidence of record nor that provided by the applicant substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant does not contest his discharge, he states he wants to rejoin the military and believes in his maturity and growth since his discharge. The records indicated the applicant received three Letters of Reprimand, three Letters of Counseling, one Memorandum for Record and nine  AETC  Forms  341  for various acts of misconduct to include non-compliance with Air Force standards, disobeying a direct order, failing room inspection, missing details, not having a flashlight in formation, failure to meet performance standards, lack of motivation, inability to follow instructions, failure to maintain accounting of materials, lack of responsibility and compliance with security policies, and sleeping in class. In addition, the applicant was disenrolled from technical training twice. The DRB 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.

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