AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE  GEN

I	PERSONAL  APPEARANCE

AMN
x	I

RECORD REVIEW

YES	No
x
•	
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING	-

HON	GEN

UOTHC	OTHER	DENY
x

ISSUES

A95.00 AOI.00

INDEX NUMBER

A67. 10

x x x
x
ci	.. K• • • u•	. ; n1.: ''''l'O TQl;Jt' ARD
1	ORDER APPOINTING Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHA RGE
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 APPEARANCE HE

HEARING DATE	CASE NUMBER

17 Oct 2006	FD-2006-00099

Case heard i n Washi ngton, D.C.

"'' 1""A ITAU'll:!V ii'\i\;f!)/$S.E DISCHARGE REVIEWS
.· ...

RATIONALE

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 req uest.

 	?I I	z9 	

TO:

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

FROM:

DATE: 10/:l!lll006

SECRETARY  OF TH>; AIR FORCE PERSONNRL  COUNCIL AIR FORCE DISCHARGE RF.VIEW BOARD
1535 COMMAND  DR, EE WING, 3RD FLOOR ANDRF.WS 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-2006-00099	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant had received two Article l 5's and eight AETC Form 341 's for misconduct. The first Article 15 was for failure to obey an order. He received a suspended forfeiture of pay for two months and 30 days of correctional custody. The second Article 15 was for failure to obey an order, by driving his vehicle on base while his driving privileges had been suspended. He was punished with a restriction to Goodfellow AFB for 30 days. The applicant had further misconduct as docwnented by AETC Form 341 's. He was driving off base during duty hours, late to formation on three separate occasions, failed room inspection, Phase 1 violation, and failure to obey a lawful order. 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