AJR FORCE DJSCHARG E R EVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBEI{(LAST, FIRST MlDl>LE INITIAL)	GRAl>E	AFSN/SSAN

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SSGT	·-----------------­
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TYPE GEN

I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

C()UNSEL	NAME OF COU NSEL  AND OR OKGANIZAllON
-1                               n;s-.1.---N_o_
I x

ADDRESS AND 01! Ol!GANIZA TION OF COl!NSEL

VOTE OF THE BOARD
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MEMBER SITTING
;·---------------------------------   .

HON

GEN

UOTI IC

OTHER

DENY

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x

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iSSut;S

A92.0l

INDEX NllMBF.R

A49.00

1- ---

EXHIBITS  SUBMIT-TED-

TO THE-

x

BOARD

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A92.03 A94.05

0RDER APPOINTING THE BOARD ----------
2	
or

1WI'LICATION FOR REVIEW	DISCI IA RG r:
3	LETTER OF NOTll'ICATION
2	
4	13RJEF OF PERSONNEL FILE
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COUNSEL'S RELEASE TO THE HOAR D
ADDITIONAL EXI IIBITS SUBMITTED AT TIME OF PERSONA L APPEARANCE

TAPE RECORDING OF PERSONA i A l'l'FARANCE HE
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HEARING DATE	

08 Mar 2007	FD-2005-00469
APPLICANT'S ISSUE ANO THE BOAR.O"S DECISIONAL RATIONAL ARE DISCUSSf:D ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard  i n Wash i ngton, D.C.

Advise appl icant 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.

X - Upgrade of Discharge, Change of Reenlistment Code and Change of Reason & Authority are Denied
- ...        - ...........................................-.................................................................,	_
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TO,

SAF/MRBR
550 C STR EET WEST, SUITE 40
RANDOLPH AFB_, TX 781 50-4742

SECRETARY OF THE AIR FOllCE PERSONNf:L CO\INCIL AIR fORCE DISCHARGE REVlf:W BOARD
1535 COMMAND DR, EE WI NG, JKD t"LOOk ANDREWS AFB, MD 20762-7002

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AFHQ FORM 0-2077, JAN 00		(EF-V2)	Previous edition wil l be used		

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00469	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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, change of reason  and authority for discharge, and change of reenlistment code are 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.

ISSUES:

Issue 1. Applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received a General Discharge, Under Honorable Conditions, for Unsatisfactory Participation in the Kansas Air National Guard.  The applicant had nine or more unexcused absences in a 12-month period. Air Force Instruction 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.13.2., Unsatisfactory Participation, states that "member may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period. 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 information contained in the records. 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.

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