AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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GRADE

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AFSN/SSAN
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TYPE GEN

I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

1...._...0...P.....,,N_S_lil ,	, NAME OF COUNSEL AND OR  ORGANIZATION  YES	No
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ADDRESS AND on On(;ANIZA TION OF COUNSEL

MEMBER  SITTING	DENY
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ISSUES	A93.l l A94.53

INDEX NUMBER	A67.90	······ ·•············.· •···•······ • /c u . .....•. ns Sl!B!Uli1J1ED T0. THE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIF.F OF PERSONNEL FILE COUNSEL'S RELEASE TO TH E ROA RD
ADDITIONAL EXH IBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDI NG OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

25 May 2006	FD-2005-00435

'TACHED AlR FORCE DISCHARGE REVIEW

Case heard at Wash i ngton, D.C.

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Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR

Names and votes will be made available to the applicant at the applicant's request.

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

SF.CRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AIR FORCF. DISCllARGF. REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ  FORM  02077, JAN  00	(EF-V2)	Previous edition will be used

Al R FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	( ASL N llM llER

FD-2005-00435	

G EN ERAL:  The appl icanl appeals for upgrade of discharge to honorable.

The appl ica111 was offered a personal appearance before t he Discharge Rev icv.' Board (OR B) bu t decl i ned t o
exercise this ri ght.

The a t t ached brief contains available pertinent data on t he appl icant and the factors lead i ng lo t he d ischa rge.

FI N DI NGS:  U pgrade of discharge is den ied.

The  13nard  f i nds t hat  nei ther the evidence of record nor that provided by the appl i can t  su bslan tia t cs a n  i neq u i t y or im propriet y t hat woul d just ify a change of d ischa rge.

I SSl l E:  A ppl ica nl received a General Discha rge for Pattern of M iscond uct - Conduct Pre jud icial tu Ciuud
()niLT and  Disci pl i ne.

A ppl i ca n t contends t ha t at the time of his service, he was not financially sou nd and is now h indered from
gd t i ng ce rta i n jobs because of this mistake he has learned from. The records i nd i cated l he appl i can1
t\:cci v cd an Art icle 15, five Letters of Reprimand, and two Letters of Cou nsel ing, for miscond uct to i ncl u de t <1rd i ncss, fa il u re to be avail able for a recall, derel ict ion of duty, and numerous i nsta nces or f i nancial
irresponsi bi l i t y. The OR B opined that through these admin istrative act ions, t he appl ican l had ample oppmt u n i t ies to change his negative behavior. Alt hough the Boa rd was sympathetic as to t he impact t he
characterizat ion or his discha rge was having on the appl icant, this is not a matter of i neq u i t y or i m proprid y w h ich wou l d warrant an upgrade. The Board concluded the miscond uct was a significan t depart ure from
conduct expected of al l m il itary mem bers, and the characte rization of the d ischarge received by t he appl ica n t
was fou nd t o be appropriale.

CONCLUSIONS: The Discharge Review Board concl udes tha t the d ischarge was consisten l w i t h t he proced u ral and substa ntive req uirements of the discharge regulation and was withi n  t he discretio n of t he d i scharge aut hority and that the applicant was provided full adm i n istrat ive d ue process.

In v i L'W o f the foregoi ng find ings lhe Board further concludes t hat there ex ists no legal or eq u i table basis for
u pgrade of d i scharge, t h us t he applicant's discharge should not be changed.

A ttach me n t:
Exa m i ncr's Brief