AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDOU IN ITIAL)

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TYPE    GEN	Ix	I	PERSONAL  APPEARANCE
•	NAME OF COUNSEl ANO OR ORGANIZATION
YF:S	No
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I	RECORD  REVIEW
ADDRF.SS AND OR ORGANIZATION OF COUNSEl

MEMBER  SITTING	DENY

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ISSUES

A94.05

INDEX NUMBER

A67. 10

1	ORDER APPOI NTING THE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEi. FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARA NCE

TAPE RECORDING OF PERSONAi.. A PPEARANCE I IE

HEARING DATE

CASE NUMBER

27 Feb 2007	FD-2006-00216

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Case heard in Washington, D.C.

Advise applicant of the dec ision of the Board and the right to submit an application to the AFBCMR

Names and votes will be made avai lable to the applicant at the applicant's request.

I   + REASON  AND AUTHOR ITY
* REEN LISTMENT  CODE
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DATE:  21281:11®7

TO,

SAF/MRBR
550 C STREET WEST, SUITE 40
RAN DOL.PH AFB, TX 781 50-4742

SECRETARY OF TllE AIR FORCK PERSONNEL COUNCI L AIR FORCE DISCHARGE REVIEW BOARD
15J5 COMMAND DR, EE WING, JRO FLOOR
ANllREWS AFB, MD l076l·700Z

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00216	

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  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 27 Feb 2007.  No witnesses testified on the applicant's behalf.

The following additional exhibits were submitted at the hearing: Exhibit #5: One additional character reference letter. The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board  partially grants the requested relief, as noted above. Upgrade  of discharge  and change of reason and authority for discharge are granted, but change of reenlistment code is denied. The discharge is upgraded to honorable. The reason and authority for the discharge is changed to unsatisfactory performance, AFI 36-3208, para. 5.26.1.1.

The Board  finds that the evidence  of record  coupled  with that provided  by the appl icant  substantiate  an inequity that would justify a change of discharge.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated over a period of approximately five weeks in February/March 2006, the applicant received only one Record of Individual Counseling (not handing in homework), and two Letters of Reprimand (one for missing study hall and one for a safety violation on a trainer) in his overall 10-month period of Air Force service.   The ORB opined that these administrative actions were not properly characterized as instances of misconduct, but rather, in the training environment, as unsatisfactory performance not atypical of conduct engaged in by many past trainees (who had not been separated for such minor acts).  The record shows the applicant used each opportunity to change the negative behavior outlined in the documents.  The Board concluded that
using minor disciplinary infractions to constitute a misconduct discharge was inequitable.  Additionally, the DRB's in-depth evaluation of the applicant's total Air Force service record was found to be most appropriately characterized as honorable.

Issue 2.  Applicant contends his RE code should be changed to allow him to re-enlist in the military.  The Applicant's record was thoroughly reviewed by the Board, but the Board found that the information therein did not justify a change to the RE code.

CONCLUSIONS: The Discharge Review Board concludes that the Applicant was not treated equitably by having these few incidents labeled as misconduct, when others in training status who were similarly situated in grade, rank, and time in service were also engaging in these incidents without being singled out for discharge for misconduct with an under honorable conditions (general) service characterization. In view of all of the foregoing findings, the Board further concludes that there exists equitable bases for upgrade of discharge, thus the applicant's discharge should be changed. The applicant's characterization and reason for discharge should be changed to an honorable conditions discharge for unsatisfactory performance, paragraph
5.26.1. l under the provisions of Title 10, USC 1553.

Attachment:
   Examiner's Brief