AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
,.•. ,.·...  '/ NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	I	No
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MEMBER SITTING

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GEN

UOTHC

OTHER

DENY
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x

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ISSUES

A92.0l A94.05

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

17 Nov 2006	FD-2006-00189

Case heard at 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 appl icant at the applicant's request.

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TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

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I    FROM'
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND  DR, EE WING, JRD FLOOR ANDREWS AFB, 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-2006-00189	

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 that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES: Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received four Letters of Reprimand for misconduct.  The misconduct included underage drinking, living in the dormitories without permission, possession of alcohol, lying, failure to go, making a false official statement, dereliction of duty, possession of an altered military identification card, and assaulting his spouse. 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.

Applicant also states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports and other accomplishments.   They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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