AIR FORCE DISCHARGE  REVIEW BOARD HEARI NG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
·'-------------------------------- '

GRADE

AM N

AFSi\/SSAN
·' -------------'

-------------------------------- ·
TYPE  GEN	I	PERSONAL      APPEARANCE

x	I	RECORD    REVIEW

------------ =

.NAME OF COUNSEL ANP OR ORGANIZATION

ADllRF.SS AND OR ORGANIZATION OF COUNSEL

1

I x
1 __-_-_-__-_-__-_-_-__-_ _-__-_-__-_-_-__--_ __- - ----B- E_R S•-T_T__IN_G	+--H_O_N    -l-G_EN_v_O_T·E'o_····1· -·1_1EcB_ O AR-_oD_TH_E_·R   +--D>NY
x
-.
x

x
:------------	­
'	x
x
----------------------------------- '

SSUES

A94.53

INDEX NUMBER

A66.00

.X:in8i't$,,!JIJ\\flTTED TO lllJ..!llJ  BOARI>	·.. ···•·····•· • • ' • >·····•·
1	ORDER APPOINTING THE l:lOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER or NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHil3JTS SUBMITTED kl TIME OF PERSONAL  APl'EARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

21 Nov 2006	FD-2006-00135
'"'TO   IJ 'Ht BOAftl)\!FQJlcl'SIONA1 RA't!8·L ARE Dl$<!!(JSS.ED ON THE ATTACI JED AllVlll!l,j!l:·ptscHARGE RlNl8W'lll!l'Altl!FOECISIONA······ l·,···.·R Ai'lt:!NAL.E
.,......,.,..,,,,,.,,,.,,.. ,     •'•"'::::.:·    -:.,:.{:,.<:> ..,.,,..::::··.·::::.:·:	·....'..:.. .::.....:	.,..   '   :·· :	...:.:·...•.•'

Case heard in Washington, D.C.

Advise appl icant of the decisi on of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the J\ FBCMR

Names and votes will be made avai lable to the applicant at the appl icant's req uest.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - !--------------\

_JI

-----------------------   -------   --...... ---------------------------r------	------------------- -----·-------
t:\!!lDORSEM ENT	$,,\TE:·.1215/tOOl'I

FROM:

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40

RANOOLl'J I AFFl, TX 781 50-._7-4_2	_    .,...	-·-·

SECRETARY OF nu;AIR FORCE rERSONNEI, COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
l'iJ'i COMMAND DR, EE WING, 31Ul Fl..OOR
ANllKEWS AFB. MD 20762-7002

AFHQ  FORM  0-2077, J AN 00	(EF-Y2)	Previous edition wi l l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00135	

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 the applicant received an Article  15, a Letter of Reprimand, and a Record of Individual Counseling for misconduct.  The applicant received a Letter of Reprimand for drunk and disorderly behavior and a Record of Individual Counseling for being late for work.  He received an Article 15 for illegally using marijuana on divers occasions.  He was reduced in grade to Airman, forfeited $150.00 pay,  14 days of extra duty, and a reprimand.  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