AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA M E OF SERVICE MEMBER (LAST,  FI RST  M IDDLE  I NITI AL)	GRADE	AFSN/SSAN

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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

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_,.. -..oj NAME OF COUNSEL ANP OR ORGANIZATION

APDRESS AND OR ORGANIZATION OF C'OllNSf:L

COUNSEL

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VOTE OF THE BOARD
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MEMBER SITTING

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OTHER

DENY

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ISSUES

AOl.01

INDEX NUMBER

A67.to A67.05

EXlUBITS SUBMl'ITED TO THE BOARD
OR DER APPOINTING TllE l:lOARD
2	APPLICATION fOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED A'I TI ME OF PERSONAL  APPEARANCE
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lAl'E RECORDING OF PERSONAL APPEARANCE !IE

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HEARING DATE	('ASE NllMDER

25 Jan 2007	FD-2005-00351
APPLICANT'.$ issue,ANb Tf!UOAAD'S DECISIONAL RATIONAL Allll DISCUSSED ON THll ATTACHED AIR fOllCll DISCHARGE RllVll!W 89/\JID DECISIONAL R.ATIONALE
Case heard  i n Wash i ngton, D.C.

Advise appl icant of t he decision of t he 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 avail able to the appl icant at the appl icant's req uest.

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SAF/MRl:lR
550 C STREET Wl'ST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00351	

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

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 and change of reason for discharge 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.

ISSUES:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions

ISSUE 1: Appl icant contends that he was told by leadership he was going to receive  an  entry  level separation, but due to the mishandling of his paperwork the result was a General discharge. The records indicate that during the timeframe of Jan-Apr 04 the applicant received a Record of Individual Counseling for failing a dorm inspection, a Letter of Counseli ng for failure to go to a mandatory study period, a Letter of Reprimand for failure to go to a hair cut inspection, and  two Article l Ss--1) for underage drinking and making a false statement and 2) failure to wear appropriate uniform in Phase I, specifically went off base from 1000-0200 and wore civilian clothing; in addition failure to go to mandatory Substance Abuse class. The records show a statement from the squadron commander recommendi ng the applicant be removed from training and discharged. Commander also stated that the applicant was unable to adapt to military way of life and not a candidate for reclassification or retention. After thorough review of the records, the Board found no inequity or impropriety and concluded that the characterization of the discharge received was appropriate.

ISSUE 2: Applicant contends that he was promised things but they were unfulfilled by the Air Force--1) not getting the job he wanted, 2) not getting the assignment he wanted and 3) not receiving the Sign In Bonus of
$6,000.00 for enlisting into Tactical Aircraft Maintenance career field. The Board was sympathetic to the impact these unfulfilled promises has affected the applicant, but is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was wit hi n the discretion of the discharge authority and that the applicant was provided full administ rative 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