AIR FORCE DISCHARG E REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

AMN

AFSN/SSAN
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YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

x	I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

x x x
x
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ISSUES

A92.35 A94.05

INDEX NUMBER

A67.10

1	ORDER APPOI NTTNG Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCL

HEARING DATE	CASE NUMBER

07 Jul 2006

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FD-2005-00393
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Case heard at Washi ngton, 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.

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TO:

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

SECRETARY  OF THE  AIR  FORO:PERSONNEL  COUNCIL AIR FORCE DISCHARGE RF.VIEW BOARD
1535 COMMAND DR, F:E WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NVMBER

FD-2005-00393	

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.

FINDINGS:  Upgrade of discharge 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article  15's, six Letters of Reprimand and one Letter of Counseling for misconduct. The Article l 5's were for failure to report at the time prescribed as his appointed place of duty and derelict in the performance of duties in that he negligently failed to properly prepare the primary ammo can with the appropriate items or assure that the items were available.  As a result, applicant was punished with a  reduction in grade and forfeiture of pay.  The records indicated applicant received six Letters of Reprimand for dereliction of duty, unauthorized use of Government Travel Card, late for duty, improper wear of
uniform, and speeding.  Applicant also received a Letter of Counseling for addressing NCOs inappropriately and speeding.   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