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

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TYPE GEN

PERSONAL  APPEARANCE

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RECORD REVIEW

,GPl}NSlllL	NAME OF COUNSEL AND OR ORGANl7\ATION	ADDRESS AND OR ORGANIZATION  OF COUNSl':I,
YES	No
x

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MEMBER SITTING

VOTE O.F THE BOA'RD
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HON	GEN	UOTHC	OTH LOR	DE-N-Y -
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ISSUES	A93.0l	INDEX NUMBER	A67.90	EXHIBIT$ SUBMITTED TO THE BOARD
A92.01	I	ORDER APPOINTING THE BOARD
A92.19	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S HLEJ\SE TO TflE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

llli:ARING DATE	CASE  NllMBER

IO Aug 2006	FD-2005-00473
APPLICANT'S ISSUll AND THEBOA'.IUYS DECISIONAL RATIONAL ARE OJSCUSSW ON nm ATTACIIIlD A]R FORCE DlSCHARGElUWWW BOAR() DECISIONAL RATIONALE

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 avai l able to the applicant at the applicant's req uest.

'.SJ<;i:;#f!ijij_qi;: &q:fPJYl.1!1.1! ••••••.<.:".l •••••4'1•••••••••••••••• ./.••••••••I ,:;l(.; HIF.t: u 11!.lMUl m;1JiiiOT..... ... .....................
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INDORSEMENT	DATE:  8111/2006

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TO:	FROM:
SAF/MRBR	S1"CRETARY OF THE AIR FORCE PERSONNl:L  COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7002

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2005-00473

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. Applicant admits that he made a lot of mistakes.  He had just gone through a messy divorce and should have never reenlisted.  The records indicated the applicant received two Article 15's, three Letters of Reprimand, three Records of Individual Counseling, and three Memorandums for Record for misconduct.
The records indicated he had numerous infractions for failure to go to appointed place of duty, missing physical training, and being disorderly.  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 first term of 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.

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