AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF S:RVICE MEMBER (LAST, Fl RST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW

YES	Nu
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANl7ArJON OF COUNSEL

MEMBER SITTING	HON

OEN

UOTHC

OTHER

DENY

x x x x

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ISSUES

A94.05

INDEX NUMBER

A67. 10

1	ORDER APPOINTING TllE BOARD
2	APPLICATION FOR REVIEW OF DISCl lAROE
3	LETTER OF NOTIFICATION
4		BRIE!' OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT.  SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HBARING DATE	CASE NUMBER

22 Sep 2006	FD-2006-00033

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 AFBCM R

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

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SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
lJ COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, Mil 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-2006-00033	

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. He contends that he was told he was being discharged because of CDC failure.  The records indicated the applicant received an Article  15, a Vacation, six Letters of Reprimand, and five Letters of Counseling for misconduct.  He was administratively disciplined with six Letters of Reprimand for making inappropriate comments about another airman's religion, being disorderly on duty, failure to go, failure to progress satisfactorily in OJT, failure to complete CDC Volumes by established completion dates, and for being incapacitated for the proper performance of duties as a result of previous overindulgence of alcohol.  He received Letters of Counseling for failure to progress in OJT, failure to have his boots cleaned and polished, and being derelict in the performance of duties.   The applicant received an Article 15 for failure to go to appointed place of duty.  He was disciplined with a suspended reduction in grade to airman basic and forfeiture of pay for two months.   The Vacation action was for failure to go to appointed place of duty.  This action resulted in his reduction in grade to airman basic.  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.

Inview 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