AIR FORCE DISCHARGE REVJEW BOARD HEARI NG RECORD
NAM!<: OF SERVICE MEMBER ( LAST, FIRST l\TIDOLE I NITIA L)	Gl{AOI<:	AFSN/SS/\ N

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PERSONA L  A PPEARANCE	x	I
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RECORD REVIEW

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NAME Of COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

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VOTE OFTHE BOARD

MEMBER SITTING

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A93.01

INDEX NUMBER

A67.90

1£J1_tU m t 1S SUBMITT,liiil!;i) THE BOARD
1	ORDER A Pl>OINTJNG THE BOA R D
2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON NEL FI LE	.
COUNSEL'S RELEASE TO Tl IF BOARD ADDITIONAL EXl!IBITS SUBMITTED A'I TIMF OF PERSONAL  APPEARANCE

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TAPE RECORDING OF PERSONAL APPEARANCE  I IE

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HHJ<ING DAH:	CASE NliMH:R

29 Ma r 2007	FD-2006-00148
Al!Pt!CiliNIJ1i:S4SSuE AND.THE .QQAIWCSDECISJONACRAIJ1(0NAL A.llEDISQUSSEP ON THE ATTACHED AIR FORCE DISCHARGE Rf:VIEW DOARD DECISIONAL RATIONAl,E

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Case heard i n Washington, D.C.

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Advise applicant of the decision of the Board, the right to a personal appearance with/wi thout counsel, and the right to subm it an application to the A FBCM R.

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

* Reason and Authority
+ Reenlistment Code

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4/9/2007

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SECIU I Aln OF TllE AIR FORCE PERSON NII, f OllNCIL
AIR tOllCt lllSC HARGE REVIEY, BOAIW

550 C STREET WEST. SU ITE 40

1 535 C OMM \Nll Ill<, I   WI NC.. JRD FLOOR

RAN DOl ,1'1 1 A FB, TX 781 50-4742	\Nl>RI WS Alll, Mil 20762-7002
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AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition wi ll be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI<: NUMBER

FD-2006-001 48	

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 (ORB) but decl ined 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 ofreason 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:

Although not explicitly stated, applicant contends that he should not be penalized indefi nitely for mistakes  he made when he was young and immature.  Applicant has also expressed a desire for upgrade of his discharge to qualify for reenlistment into the armed forces.  The ORB recognized the applicant was 22 years
of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The records indicated the applicant received an Article 15, a Vacation, two Letters of
Repri mand, two Records of Individual Counseling and four Memorandums for Record for misconduct.  The applicant received an Article 15 for being derelict in the performance of duties by providing alcoholic beverages to someone under the age of 21 .  He was punished with a reduction in grade to Airman, suspended forfeiture of pay, fifteen days of extra duty and a reprimand.  The Vacation action was for making a false official statement.  He forfeited $200.00 pay for two months.  The applicant had additional misconduct and was administratively disciplined for dereliction of duty, being late for work, failure to shave, failure to maintain body hygiene and uniform standards, failure to go, failure to obey a lawful order, failure to  complete CDCs, and consuming alcoholic beverages while underage.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change hi s negative behavior.  The Board concluded the applicant's 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