AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME  OF SERVICE M•:MBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSA N

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

AMN

:--------------- ' '

TYPE  GEN

PERSONAL  APPEARANCE

x	RECORD  REVIEW

/\DDRESS /\ND OR ORG/\NIZ/\ TION OF COUNSEL

VO'J'.f;,()f::.'.JJJ:E   BOl'Ql}
1-- -1'''"'···"---------"i   ="""----- ·""'""" -'-""-----'-"'·"'··l•""·····'---1

MEMBER SITTING

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

·

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

HON	GEN

UOTHC	OTHER

DENY

x x x x
x

ISSUES

A94.05

INDEX NllMOER	A67. 10

ORDER APPOINTING THE BOARD
2	APPLICAT!ON FOR REVIEW OF DISCHARGE
3	LETTER OF NOT!f!CAT!ON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TllF BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDrNG  OF PERSONAL APPEARA NCE HE

HEARING DATE	CASE NUMBER

08 Feb 2007

FD-2006-00176

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 A FBCM R

Names and votes will be made available to the applicant at the appl icant's request.

.--- --'5" 	

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

SECRETARY OF TllF: AIR FORCE Pl';RSONNEL COUNCIL i\IR FORCF: DISCHARGi; REVIEW BOARD
1535 COMM/\ND DR, EE WING, Jf!ll FLOOR
ANDREWS /\FD, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00176	

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.

FlNDINGS:  Upgrade of discharge is 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 his discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, three Letters of Reprimand, and a Letter of Counseling for misconduct.  The applicant received an Article 15 for committing sodomy with a child under the age of 16 and for wrongfully communicating to an airman that he would deal with him with a Glock 40 handgun.  He was punished with a reduction in grade to Airman, restriction to Edwards AFB for 30 days,  and 30 days of extra duty.  He was administratively disciplined for failure to go on two separate occasions, missing an appointment, speeding, and failure to obey a lawful regulation.  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 appl icant's discharge should not be changed.

Attachment: Examiner 1s Brief