AlR FORCE DISCHARGE REVIEW BOARD HEARI NG RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INIDAL)	GRADE	AFSN/SSAN
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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAM>;  OF COUNSEL  AND  0R0RGANl:lATION	ADDRF.SS  AND OR ORGANIZATION OF COUNSEL YES	I	No
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HON	GEN	UOTHC	OTHER	DENY

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1ssv1:s	AOl.47	INDEX NUMBER	A67.90

EXHIB1TS$	DTO	ARD

A02.21	A67.00	I	ORDER APPOINTING THE BOARD
A93.09	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER or NOTIFICATION
4	BR IEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE  NUMBER

05 Oct 2006	FD-2005-00430
APPLICANT'S 1$$011 AND Tlili BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED  Alli. fOJ\.Cll DISCBARQll Rl!Vll!W BOARD DECISIONAL RATlONALl!       ' '<:'.' ,' '
Case heard in Washington, D.C.

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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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i' i/	, ,	,;:i;"'',(', .	:t INOO),i;MENT	-	' ;, DATEI
TO:	FROM:

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SAF/MRBR	SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCii.
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	lSJS COMMAND DR, EE WING, JRD FLOOR
RANDOLPH AFB. TX 78150-4742	ANDl<l:WS  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-2005-00430	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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 justi fy a change of discharge.

ISSUE: Applicant received General discharge for Pattern of Misconduct--Conduct Prejudicial to Good Order and Discipline

Applicant contends that his discharge was a premature act by his commander and his commander failed to act in his time of need specifically to be readmitted into ADAPT program. The records indicate that the applicant received two Article 15s, a Letter of Reprimand and two Records of Individual Counseling for misconduct including late for duty, drinking under the age of twenty-one, willful damage of government property and assault on three security forces personnel. In addition the records reveal the applicant was entered in ADAPT on 6 Oct 04 and was failed from the program because of non-compliance with program requirements. After thorough review of the evidence the Board concluded that the misconduct was a significant departure from conduct expected from all military personnel and found no inequity or impropriety in the discharge. The Board opined that through the administrative actions, the applicant had ample opportunities to change his negative behavior. 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