AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

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AMN

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TYPE GEN	x	I

PERSONAL     APPEARANCE	I

RECORD REVIEW

COUNSEL

YES	No
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NAME OF COUNSEL ,\ND OR ORGANIZATION

ADDRESS AND OR ORGANf:l'.ATION OF COUNSEL

VOTE OF THE BqA.RD

MEMBER SITTING

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OTHER

DENY

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ISSUES

A93.33 A93.15

INl>F'.X NUMBER

A67.90

1-1-

EXllIBI'fSSUBM:JT'fED TO'iTIIE BOD
ORDER APPOINTING  THE BOARD	I

-1--
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LE'ITER 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 NUMBF,R

13 Jun 2007	FD-2006-00215
APPLICANT'S ISSUE !.NDTHE 80!.RD'S DECISIONAi. RATIONAi, ARE DISCUSSED ON THE.ATTACHED AIR FORCE DISCHARGERllVIEWBOARD DECISIONAL RATIONALE

Case heard in Washington, D.C. via video teleconference between Robins AFB, GA and Andrews AFB, MD. 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.

X - Upgrade, Reason & Authority and RE Code

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

SECRETARY OF THE AIR  'ORCE P!':RSONNEL COUNCIL AIR F'ORCE DISCHARGE REVJEW BO,\RI)
lJ COMMAND DR, EE WING,JRD FLOOR ANDREWS AFB, MD 1076l-7061

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00215	

GENERAL: The applicant appeals for upgrade of discharge to honorable,  to change reason and authority of discharge and change of the reenlistment code. The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Andrews AFB, MD and Robbins AFB, GA on 13 June 2007.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDTNGS:  Upgrade of discharge, change ofreason and authority and change ofreenlistment code are denied.
The Board finds that neither the evidence of record nor that provided by the appl icant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Issue 1 .  Applicant contends that his discharge did not take into account the good things he did while in the service.  The record indicates that the applicant received six Records of Individual Counseling, a Letter of Admonishment, four Letters of Reprimand and an Article 15 for misconduct.  The Board noted that 10 of the 12 actions taken against the applicant were based on his repeated failure to report for duty in a timely manner or leaving his place of duty without proper authority. The Board took note of the applicant's duty performance as documented by his performance reports; they determined that the applicant was an average performer with extensive knowledge of his duties.  However, the Board opined that through the administrative actions, the applicant had ample opportunities to change his behavior.  The Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and concluded the characterization of the discharge was appropriate for the reasons which were the basis for this case.

Issue 2.  Applicant also contends that he was singled out on the basis of racism within his immediate chain of command.  The Board found no mitigating evidence in the record or during the applicant's testimony to suggest an inequity was committed against him.  The applicant did state that an investigation was conducted but did not provide any evidence of the outcome or of its submission.  The Board found the misconduct of the applicant appropriately characterized his term of service.

Issue 3.  The applicant cited his desire to receive the 0.1. Bill benefits as justification  for upgrade.  The Board noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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