AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
P'          -----------------------------------,

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L	1

I GRADE
AMN

AFSN/SSAN
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L - - - - - - - -- - - - - - _1

TYPE GEN

I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

x *+

'	x *+
x *+
J
x *+

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ISSUES	A94.05

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATlON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL 'S RELEASE TO THE BOARD ADDITlONAL EXHIBITS SUBMlTTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARAl\JCE

HEARING DATE	CASE NUMBER

10 Mar 2006	FD-2005-00342

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.

* Reason and Authority
+  Reenlistment Code

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TO:

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

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR.EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002
I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00342	

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

ISSUE:

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received three Article 15s to include vacation of a suspended sentence, one Letter of Reprimand and one Record of Individual Counseling for misconduct.  Applicant had several disciplinary infractions during his 31 months of service.  He received an Article 15 for wrongfully entering the dormitory living quarters of a member of the opposite sex, under age consumption of alcohol, failing to return to dormitory and derelict in the performance of duties.  He received his second Article 15 for derelict in performance of duties by willfully failing to refer to Technical Order while performing the task of tearing down an aircraft engine.
His Article 15 was vacated when he was derelict in the performance of duties in that he was not fully prepared to inprocess into the Correctional Confinement.  The applicant's Letter of Reprimand was for being out of uniform and disobeying a direct order which he had been verbally counseled on several occasions by superiors.  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