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     APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAMF; OF COUNSEL AND OR ORGANIZATION	AUDlti;;SS AND OR ORGANIZATION  OF COUNSEL
Yi;;S	No
x
VOTE OF THE B.OARD

MEMBER SITTING

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SSUES	A92.21	INDEX NUMBER	A67.30	EXHIBITS slJBMIT'Tl\1.D'TO THl\1 B0-1)
A93.01	1	ORDER APPOINTING TlIE GOARD
A94.05	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	
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BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DA TE	CASE NUMBl:R

24 May 2006	FD-2005-00411
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAi.Ji

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 appl icant's req uest.

.

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TO:	FROM:

SAF/MRHR

SECRETARY OF THE AIR  FORCF;  PFRSONNF;I. COUNCii.
AIR FOltCE  DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, l:F WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JA N  00	(EF-V2)	Previous edition wi 1 1 be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMBER

FD-2005-00411	

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. The applicant states that his discharge was inequitable because it was too harsh and based on one isolated incident for which non-judicial punishment had already been issued.  The records indicated the applicant received an Article 15 for driving while drunk; physically controlling a vehicle in a reckless manner by weaving in and out of traffic at a high rate of speed; nearly striking two vehicles while change lanes without a signal; and traveling at a speed of 75 MPH in a 35 MPH zone.  He was punished with a forfeiture of $750.00 pay for two months and a reprimand.  He received a Letter of Reprimand for sending pornographic material via email and for being involved in an unprofessional relationship with an enlisted member of his squadron.  Applicant also received four Memorandums for Record for unprofessional interaction with females in his flight; late for duty on two separate occasions and failure to dispatch his forces properly during a Response Force Exercise.  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 hearing.  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 appl icant was provided full administrati ve due process.

Inview 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