AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME  OF St;RVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

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HON

GEN

UOTHC

OTHER	DENY

x x x x
x

ISSUES

A94.05

INDEX NUMBER	A64.00

]	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME   F PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

28 Sep 2006	FD-2006-00014

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

I Names and votes will be made available to the applicant at the applicant's request.

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J)ATE:..J0/212006

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 781 50-4742

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW llOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

CASE NUMBER

FD-2006-00014

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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:

Although not explicitly stated, the applicant contends his discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, a Letter of Reprimand, and a Record of
Individual Counseling for misconduct.  The applicant was administrativel y disciplined with a Letter of Reprimand for a civilian conviction of shoplifting.  He also received a Record of Individual Counseling for two speeding violations.  He was further disciplined with an Article  15 for hindering the apprehension of his wife by driving her away from the scene of the incident, knowing that she had committed an offense punishable by UCMJ (Larceny).  He was punished with a reduction to airman first class, forfeiture of pay and forty-five days of extra 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.

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