AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
·----------------------------- .
----------------------------- '	GRADE

SRA	AFSN/SSAN
r ·····•
'	'		
TYPE GEN

1-  -- -	

--i	PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION	x	RECORD  REVIEW
ADDRF.SS AND OR ORGANl7.ATION OF COUNSEi,	

---------------------

YES
x

MEM BER SITTING

HON

GEN

UOTIJC

OTHER

DENY

-	--- - - - - - - - - - - - - - - - - - - - - - - - - - .,.._-  ------------t-------+----+-------t-- --r	1
x

x x x
x
'----------------------------------------

ISSUl!S

A92.35 A92.21 A92.0l A94.05 A93.21

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER 01' NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT	UBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL  APPEARANCE  TIE

HEARING DATE	CASE NUMBER

14 Sep 2006	FD-2005-00465
APPLICANT'S ISSUE AND THf.i !lOARO'S

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 appl ication to the AFBCMR

Names and votes wi l l be made available to the applicant at the applicant's req uest.

,Slru'IAflJll   -1!.li:.C..<rn "-._. _ ••_ . 2:J../...._£. _ .._. _ .._. _ .._. _ .._ :<lsl!  .n1i<l:Jl.IWll-1.11.iifhsi11t:lll£_ ._ ••_ ••••_ ••••_ ••••_ ••_ ._ .,
''	''

TO:	I   FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150"4742

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REYU:W  BOARD
loJo COMMA NO OR, EE WING, JRD FLOOR ANDREWS AFB, MO 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-2005-00465	

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, the applicant contends his discharge was inequitable because it was too harsh and feels the incidents identified in his record were beyond his control.  The records indicated the applicant received an Article  15, five Letters of Reprimand, and a Record oflndividual Counseling for misconduct.  The applicant was disciplined with five Letters of Reprimand for underage drinking, driving under the influence off base, a failed room inspection, disrespect to an NCO, provoking speech/gestures and assault.  The Record of Individ ual Counseling was for speeding on base.  The applicant had further misconduct and received an Article  15 for failure to obey a general regulation - Standards of Conduct.  His misconduct resulted in a suspended reduction to airman first class and forfeiture of pay.  The applicant contends the stress he was under aggravated the ADHD that was diagnosed when he was a child.  The DRB determined there was no correlation between his ADHD and misconduct.  Applicant had the ability to know right from wrong.  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 while in the service. 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 DRB was pleased to see that the applicant was doing well, has a full-time job and continuing his education.  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.

Issue 4.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
March  14, 2002) that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.	

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