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

.' -------------------------- ' '

AMN

-'   ---------------'

-------------------------

TYPE  GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1          ..... ..

YES	No
x

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

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MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

X*+ X*+ X*+
X*+

ISSUES

A95.00 AOl.00

INDEX NUMBER

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1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRJEF 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

21 Nov 2006	FD-2006-00116

Case heard in Washington, D.C.

·....••...••..·······.··.•·.•	--· ••..•.l1 w······•.

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.

* Reason and Authority
+ Reenlistment Code

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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

I FROM1

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00116	

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

Applicant contends that he was told at his date of separation that he could reenlist in two years.  He has expressed a desire to reenlist in the armed forces.  The records indicated the applicant received four Letters of Reprimand, two Records of Individual Counseling and an AETC Form  125A for misconduct.  The applicant was administratively disciplined for failure to go, failure to keep dormitory room in inspection order, smoking cigarettes out of uniform, violation of Phase by smoking cigarettes, failure to obey a lawful order and being disrespectful to authority.  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.

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