AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAMK OF SERVICE MEMBER (LAST, FlRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AIC

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TYPE    GEN	PERSONAL  APPEARANCE	RECORD REVIEW

COUNSEL
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NAME O>"CUUNSEL AND OR ORGANIZATION

ADDRESS AND OR OllGANIZATION OF COUNSEL

MEMBER SITIING
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ISSUES	A94.05	INDEX NUMRf:R	A67.90

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DENY

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1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		ARIEi' OF PERSONNEL FILE COUNSEL'S RELEASE TO TllE l:lOARD
ADDITI   NAL EXHIBITS SUBMITTED AT TI ME Of PERSONAL APPEARANCE

TAPE RECORDING OF PERSON AL APPEARANCE HE

HEARING DATE	CASE NUMBER

12 Sep 2006	FD-2006-0012 7

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.

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

SECRETARY OF THE AIR FORC'E Pi:JISONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOAIID 1535COMMAND DR, EE WING, JRD FUXIR
ANDREWS AFB, MD 111762-70111

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00127	

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 12 Sep 2006.

The following additional exhibits were submitted at the hearing: Exhibit #5: School of Technology and Computing Transcripts Exhibit #6: FAA Written Exams
Exhibit #7:  Child Support Order Exhibit #8:  Divorce Decree
Exhibit #9:  Drivers License and Pilot's License Exhibit #10:  Pilot Log Book
Exhibit # 11: Medical Certificate

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge, reason and authority for discharge and 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 Pattern of Misconduct--Conduct  Prejudicial  to Good Order and Discipline

Applicant contends discharge was inequitable because it was too harsh and not consistent with policies and traditions of the service.  The records indicate that the applicant received two Article 15s, a vacation of an Article 15 and a Letter of Reprimand for misconduct.  The misconduct included failure to pay debt of
$2,036.27; dereliction of duty, failure to go, AWOL, maki ng a false statement and disrespect toward a commissioned officer.  After review of the records and the evidence presented by the applicant the Board concluded that misconduct was a significant departure from the conduct expected of all military members. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  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