AIR FORCE DISCHARGE REVJF.W BOARD HEARING RECORO

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TAPE RECORDING OF PERSONAL APPEARANCE

HEAR.ING DATE

13 Feb 2006

CASE NUMBER

FD-2005-00297

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PERSONAL  APPEARANCE

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NAME OF COUNSEL AND OR ORGAN17.ATION	ADDRESS AND OR ORGAN17.ATION Of' COUNSEL

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ISSUES

A92.21
A93.01

INDEX NUMBER

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A67.IO

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1
2
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ORDER APPOINTING THE BOARD
APPLICATION fOR REVIEW OF DISCHARGE

BRIEF OF PERSONNEL FILE

LETTER  OF NOTIFICATION -----------·

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMlrf ED AT TIME OF PERSONAL APPEARA NCE

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I 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
I submit an application to the AFBCMR.

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

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TO:		
	SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	SECJU:.rAM\' OF THE AIR FORCE PERSONNEi. COUNCIL AIR FOR.CE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002	
AFHQ FORM 0-2077,.TAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00297	

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.

FINDI NGS:  Upgrade of discharge is denied.

The Board  finds  that  neither  the evidence  of record  nor  that provided  by the applicant  substant iates an inequi ty or impropriety that would justify a change of discharge.

ISSUE:

I . Appl icant contends that he is more responsible now and has learned from his past mistakes. The records indicated the applicant received two Article J 5s, five Letters of Reprimand, four Letters of Counseling, and two Records of Individual Counseling for miscond uct.  The misconduct included writing a check for
$883.59 and not having sufficient funds for payment of the said check, downloading and printing hate and racist literature on a government computer, missed appointments, dereliction of duty, unauthorized use of a government computer, failure to obey a direct order on divers occasions, financial irresponsi bility, insubordination, failure to obey a lawful order, backing a government vehicle without a spotter, inappropriate e-mail, disrespect to a non-commissioned  oflicer, and misuse of a government vehicle.  The DRB opined that through these administrative actions, the applicant had ample opportunit ies 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.

2. The DRB was pleased to see that the applicant was doing well post-service and bas a job with the Army National Guard.  However, no ineq uity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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