AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

'	- ----- --- ----·

-:--------------------------- .'	AMN	'--------------'
---------------------------
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
·.....•..      NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	I	No
I x

,, , • • • . ..	VOTE. OFTHE  BOARD	'
.·

--

,.

f-'

,    .

MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
-----------------------------------------	x
x x x
x

------------------------------------------
ISSUES	A94.05	INDEX NUMBER	A49.00	··:•iifi?•'' •..•.	E-  t:f$•$!1JMI JElil•ill•'l'80ARD	.···•··..····.·,•
A92. 17	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF 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

''	, ,	··•·.·.	'

24 Aug 2006	FD-2005-00452

I>>•·•······ · ·

.•...••.• : \.••:. !jl'\4' £.<>•\ ...	-  tt	I >.    "  >ii	··.··.,     ' V: . '.!!..:!}ITACHED AIR •."	,	,·    0;:00?""	>	<	'          i

Case heard in 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 applicant's request.

/	;J	.

( :

•  !! .:\PYJtF..C_O,RD_E,R _ - - - ---c<.l.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LSJ!!   !ljl.!)5JJ_B_Q.A_(\D_l .1!.EJ!!J!li.;r:!U\. - - - - - - - - - - - - - - - - - - - - - - - - - -
'

INDORSEMENT	:OAir-EilL$/30/2006

'                          -----------------------------------------------------------------------------------------------	-------------
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	I 535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB,  TX 78150-4742	ANDREWS 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-2005-00452	

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. Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article 15's, a Vacation, two Letters of Reprimand, six Letters of Counseling, and a Memorandum for Record for misconduct.  The two Article 15's and Vacation action were as a result of being absent from place of duty.  He was punished the first time with a suspended reduction in grade to airman first class and 14 days of extra duty.  The second punishment was a reduction to airman first class.  The third and final punishment was a reduction in grade to airman.  The records further indicated the applicant had twelve disciplinary infractions within a six month period of time for failures to go; reporting late for duty; failure to report for physical training; and misuse of government travel card.  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.  Applicant states that his discharge did not take into account the good things he did during his initial enlistment.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 3.  The applicant stated he was told his discharge could be upgraded.  While a discharge may be upgraded, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board denied the appeal.

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