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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AlC	.
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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL    , 4  NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x

MEMBER SITTING

VOTE OF TIIE BOARD
,...,<'""''I "''''"'·'·'··'-' ---	--
HON	G EN	lJOTI IC	OTHER	DENY

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x
x
-
x
    ,
x
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ISSllES

A92.21

INDEX NllMDER

A67.10	/ , , f"  ,,

EXHIBITS SUBMITTED TO THE BOAJU)

A94.05	1	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 OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA NCE HE

HEARING DATE	CASE NUMBER

&o:r

14 Sep 2006	FD-2006-00016
Al>l>LlCAT $ ISSUE AND THE llOARD" lSIONAL J!ATIQ!\IAL AU ll1$CIJ$$llll (IN Tlil! A'r:rACHllD AIR fORCI! DISCHA&Ol! ll!Vll!W,	EC§h AL RATIONALE	I'
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 appl icant at the applicant's request.

..

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>         > >	I /111\'f',<>-.:ZYt.:0 <  <« <<     <	•     '·>	,,
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCll.
AIR FORCE DISCflARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB,  TX 78150-4742	ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00016	

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 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, a Letter of Reprimand, two Letters of Counseling, and a Record of Individual Counseling for misconduct.  The applicant was administratively disciplined for being late to work, late for class and failure to control pets.  He received an Article 15 with three specifications for being derelict in the performance of duties.  He was reduced in grade to airman first class and restricted to the limits of Mountain Home AFB, Idaho for 28 days.  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 and has a desire to join the FBI upon completion of his baccalaureate degree.  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 appropriatel y characterized his term of service.

Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB 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 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