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HEARING  DATE

13 Feb 2006	I   FD-2005-00307

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APPLICANTS.ISSUE ANP Tl-{£ BOARD'S,DECIS! ONAL RATIONi\.l" i\RE IJISCUSSED ON THE ATTACHED i\IR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Wash in gton. D.C.

Ad vise appl icant of the decision of the Board, t he right to a personal appearance with/wit hout counsel, and the right to submit an appl icat ion to the AFBCMR.

Names and votes wil l  be made available to the appl icant at the applicant's req uest.

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JNDORSEMENT	DATE:  2115/2006

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550 C STREET WEST. SUITE 40
RANDOLPH AFB, TX 78150-4742
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SlCRf.TARY OF TH £ i\IR FORCE PERSO/'I N rl. COU NCIL AIR FORCE OISCllARG£ REVIEW BOARD
1535 COMMAND  DR, £F. WING. JRD  FLOOR
ANDREWS AFB, MO 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nl!MBER

FD-2005-00307	

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 applicant was offered a personal appearance before the Discharge Review Board {ORB) 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: The applicant would like to have his reenlistment eligibility code changed so that he may re-enter the military and serve his country. The records indicated the applicant received two Article 15s, four Letters of Reprimand, and one Record of Individ ual Counseling for misconduct. The misconduct included failure to go on divers occasions, unlawfull y entering a donn room of  another military member, financial irresponsibility, failure to repair, lack of initiative, and leaving his appointed place of duty without authorization. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded there were not any inequities or improprieties discovered that would support his request to change his reenlistment eligibility code.

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