AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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TYPE  GEN	I	PERSON AL APPEARANCE	x	I	RECORD  REVIEW
·· i	NHL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSIU.
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VOTE Of THE BOARD

MEMBER SITTING

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HON	GEN	UOTHC	OTl lER	DENY

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ISSUES	A92.21	INDEX NUMBER	A67.90	EXHIBITS SUBMITTED TO THE BOARD
A93.0l	I	ORDER APPOINTING TH E BOAR D
2	APPLICATION FOR REVI EW OF DISCHARGE
3	LETTER OF NOT IFICATION
4	BRrEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

28 Jul 2006	FD-2005-00476
Al'l'L'ICANT'S ISSUE AND THE BOA!Ul'S PEClSIONAL RATIONAL AltE D!SCUSSllb ON 'l'llE ATTACllED AlR FORCE OISCRAROEIMV!EW BOA!Ul DEClSlONALJl-ATlONALE

Case heard i n Washington, D.C.

Ad vise 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 wi l l  be made available to the applicant at the applicant's req uest

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INDORSEMENT	DATE:  813/2006
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TO:	FROM:
SAF/MRBR	Sl!:CRETARY OF THE AIR FORCE 1'£RSONNJ::L COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR. EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78I 50-4742	ANDREWS AFll, MU l076Z-700?

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00476	

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 l. The applicant stated that his misconduct was a result of his youth, immaturity and irresponsibility. The records indicated the applicant received two Article 15's, one Letter of Reprimand and four Letters of Counseling for misconduct.  The first Article 15 was for failure to go to appointed place of duty and making an official statement with intent to deceive.  He was reduced in grade to airman basic, restricted to the limits of Little Rock AFB for 45 days and given 45 days of extra duty.  The second Article 15 was for dereliction in the performance of duty for failing to refrain from violating his current Phase by being out of his dormitory after curfew.  He was punished with a forfeiture of pay and a reprimand.  The applicants other   administrative actions for misconduct were for failure to go, failure to obey an order and dereliction of duty. 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. The DRB was pleased to see that the applicant was doing well, has a job and is attending colJege. 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 3.  Applicant contends that he should not be penalized indefinitely for mistakes he made when he was young.  The DRB recognized the applicant was 20 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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