AIR FORCE DISCHARGE REVIEW  BOARD HEARI NG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN
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AMN

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TYPE  GEN	I	PERSONAL  APPEARANCE
.•. ,;.,};]  NAMB OF COUNSEL AND OR ORGANIZATION YES	No
x

-x	I	RECORD  REVIEW
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MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY
x

x x

IS-S-U-E-S	INDEX NUMBER

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A92.21
A93.0l

I[;;;,.	EXtUlf     !lllJJl	IED Tt:>:::ttH:E no•- ···················•·•••	....  <>>
A66.00
1	ORDER APPOINTING THE ROA RD
f---+-------------------·-·--
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
1---+--------------------  .-
4	BRIEF OF PERSONNEL  FILE	I
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS   UBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL  APPEARANCE  I IE

llF:ARING DATE

CASE NUMBER

28 Sep 2006	FD-2006-00055
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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 wi l l be made available to the appl icant at the appl icant's req uest.

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TO:	I FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150"4742

SF:CRETARY OF THE AIR FORCF. PF.RSONNEL COUNCIL AIR FORCE DISCllARGF: REVIEW  BOARD
1535 COMMAND DR, F.E WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00055	

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. Applicant states that his discharge did not take into account the good things he did whi le in the service.  The records indicated the applicant received an Article 15 for misconduct.  The Article 15 was for wrongful use of cocaine.  He was punished with a reduction in grade to airman and forfeiture of pay.  The DRB took note of the applicant's duty performance.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job.  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.  Although not explicitly stated, applicant contends that he should not be penalized indefinitely for a mistake he made when 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 ORB 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