AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLK INITIAL)	GRADE
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AFSN/SSAN

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I!., _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

TYPE GEN
COUNSEL
ns	I	No
I	x

I	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x .	I	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITIING	HON

GEN	UOTHC	OTHER	DENY

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ISSUES

A93.0l A93.07

INDEX NUMBER

A67.00

x x x x
x
EXffl:ITS $!	}) TO TARI>	it·
1	ORDER APPOINTING THE BOARD

2	APPUCA T!ON FOR REVIEW OF DISCHARGE
3	LETTER Of  NOTJ FICATION
4	BRIEF Of PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIUNAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

05 Oct 2006	FD-2005-00492

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.

X - Upgrade, Reason and Authority, and RE Code
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Tl/	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE IJISCHARGE REVIEW BOARD
lSJS COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00492	

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.

ISSUE:  Applicant received a General discharge for Pattern of Misconduct

Applicant contends that he was immature and not emotionally able to handle the situation he was in. He states that two weeks prior to his departure for BMTS his wife was shot in a random act of violence. He kept his departure and tried to make it work. Due to seriousness of injuries his wife and daughter were not able to join him in the service. These stresses led to his misconduct and discharge. The records indicate applicant received an Article 15, three Letters of Reprimand and a Record of Individual Counseling for misconduct including late for duty, failure to complete career development course, failure to report back to work on time and dereliction of duty--for underage drinking. After thorough review of the record the Board found no inequity or impropriety and concluded t hat the characterization of the discharge was appropriate.

The Board notes that if the applicant can provide additional documented information to substantiate an issue, the applicant should consider exercising his ri ght to make a personal appearance before the Board. If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the Board with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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 concl udes that there exists no legal or eq uitable basis for upgrade of discharge, thus the appl icant's discharge should not be changed.

Attachment:	
Examiner's Brief