AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE   GEN	I	PERSONAL   APPEARA NCE	x	I	RECORD    REVIEW

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ADDRESS AND OR ORGANIZATION  OF COUNSEi..

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MEMBER SITTING
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ISSUES

A94.53 A92.21

INDEX NUMBER	A67.90

. ';xwfr ; i EXJ:ll IJlTS SUBMITTED TO THE B0. 9;. ..
1	ORDER APPOfNTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTir!CATION
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4	BR IEF OF PERSONNEL FILE
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COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

llF.ARING OATF.	CASF. NUMBER

10 Aug 2006	FD-2005-003l3
APPUCANT'S ISSIJB AND TfW:'BOAlttl'S DECISIONAL RATIONAL Al\E DISCUSSED ON T\{E ATTACHED All!. l'ORCE DISCHARGE REVIEW BOARD DECISION$ RATlONAl.,E

Case heard in 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 wil l be made available to the applicant at the applicant's request.

*Reason and Authority
+Reenlistment  Code

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

SECRETARY OF THE AIR FORCIC PICRSONNEL COUNCii.
AIR FORCE DISCHARGE RF.VIF.W BOARD 1535 COMMAND  DR, EE WING, JIW FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00313	

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

The applicant was offered a personal appearance befr)re 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 ofreason and authority for discharge, and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. The applicant submitted no issues and requested that the review be completed based on the  available service record.  He has expressed a desire for upgrade of his discharge to allow for reenlistment  into the armed forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity i n this case on which to base an upgrade of discharge.  The records indicated the applicant received three Article 15's for misconduct.  The first Article 15 was for writing a bad check.  He was punished with a suspended reduction in grade to airman, suspended forfeiture of pay and 30 days of correctional custody.
The second Article 15 was for writing a bad check and wrongfully using his government travel card.  He received a reduction in grade to airman first class and 30 days extra duty.  The third and final Article 15 was for failure to go to appointed place of duty, derelict in the performance of duty by providing an injection of B-12 without authorization of a physician, and providing an MMR injection without proper authorization from a physician.  He received a suspended reduction to airman and fourteen days of extra duty.  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.

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no	
inequity or impropriety in his discharge was suggested or found in the course of the heari ng.  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