AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FlRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD REVI EW
.i	ilffi L1>·,:y; NAME OF COUNSl L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

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ISSUES	A93.33	INDEX NUMBER	A67.10	'.'JtXHIBJU.SUBpuf  1JIEBQARD
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 APPEARANCE HE

lll:ARING DAT!'.	CA!'. NUMHl'.R

05 Oct 2006	FD-2006-00102

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;rJ>eLtc  -r.IS,SUE AND THl'taqAAf'S DECISIONAL RATIONAL ARE DISCUSSED ON lHE A1TACl.JllD AIR !'OR.ell DISt'HARO!l RBVIEW1ljAJ(p DECISIONAL RATIONAL1!	W\	.':;;
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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 will be made available to the applicant at the applicant's request.

X - Upgrade, Reason and Authority and RE Code

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TO:	FROM:
SAF/MRBR	SCRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL
AIR •'ORC>'. DISCHARGE REVIEW HOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  Al'B, TX 78150-4742	ANDREWS A•'B, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00102	

GENERAL:	The applicant  appeals for upgrade  of discharge to honorable  and to change the reason and authority for the discharge, and to change the reenlistment code.

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  and  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are 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:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions

Issue I : Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, awards and decorations and other accomplishments.   The records indicate that the applicant received two Article l 5s, two Letters of Reprimand and two Records of Individual Counseling for misconduct to include failure to obey, failure to support dependents, financial irresponsibility, failure to obey a no-contact order, late for work, failure to go, dereliction of duty, and sexual harassment.  After thorough review of the records the Board 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.  Applicant states of a personality conflict with commander led to his discharge.  In reviewing the records the Board found no evidence of impropriety or inequity in the discharge and concluded the misconduct appropriately characterized.  The Board found 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