AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN
I	AIC	I	I
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSf!l.	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x
von;OF TBE:OARD

MEMBER SITTING

...,,	·.-·· ·"''  ,,,_ "-"'""-'"'' """'····-
llON	OEN	UOTl lC	OTHER	DENY
x

x x x
x
ISSUES	A94.05	INDEX NUMBER	A67.10	<« J, ?	,,   lli1'WB1TS SUBMl'l'i1ED TO THE  BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRlEf OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR D
ATJOITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

17 Oct 2006	FD-2006-00125
APPLICANT'S ISSUE AND nm;:11	'SJ)l'!Cl$:lilf' fi":, QNAL ARB nrff'. YON 'lllll ATl'ACflllD   I!.,fOl!.C ISClWOll 11.llVU!W l'IOAl\O Dl.!CISIONAL kATIONALE

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 req uest.

l :	•

INDORSEMENT	DATE:

I
1012712006

TO:	FROM,
SAF/MRBR

SECRETARY Ot" THE AIR FORCF: PERSONNEL COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD

550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD nOOR
RANDOLPH  AFB. TX 781 50-4742	ANDREWS AFB, MD Z076Z-70o?

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00125	

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 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:

The applicant appealed for an upgrade of discharge for the purpose of enlisting in the Army National Guard. He further contends that he was misled by his recruiter and has requested to change the reason for discharge to either a breach of contract, erroneous entry or expeditious discharge.  The records indicated the applicant received two Letters of Reprimand, one Letter of Counseling, one AETC Form 125A and one AETC Form 341 for misconduct.  The applicant was administratively disciplined for failure to obey an order, sleeping on duty, lying, destruction of government property and disobeying an order or regulation by riding a motorcycle in the parking lot when he hadn't completed the motorcycle safety course.  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 his issue with the recruiter and what the recruiter led him to believe, 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