AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSA N
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TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW

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CCiONStt	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

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VOTE OF THE BOAR,!)

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,,.,.	.  ..  ····--·	-

MEMBER SITTING

HON	GEN	UOTHC	OTJIER	DENY

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=

---------------------------------	X*+

- ''OY"'	-	x•+
X ¥+

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X*+
S-SU-E-S------------
A94.53	INDEX    NllMBf:R	A67. 10	Ji::::::::::::)' :   . EXHIBITS'.$::1MrITEDJO THE BOARD	/ ...•••..• <•··· .
1	ORDER APPOINTING TI IE HOARD
2	APPLICATION FOR REVIEW Of DISCI IA RGE
3	LETTER OF NOTI FICATION
1	
4	BRJEf' Of PERSON N EL FILE COUNSEL'S RELEASE TO THE BOA RD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAf'E RECORDING Of PERSONAL APPEARANCE HE

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HEARING DATE	CASE NUMBER

08 Feb 2007	FD-2006-00221
APPLICANT'S ISSUE AND THE BOARU'S·tlECIS!ONAL RA'llONAL ARg DISnJSSED ON THE ArrACHEI) AIR FORCE DISCHARGE REVIEW BOARlll>ECISIONAL RATIONALE
 	•··. ...·. 	
Case heard i n Washington, D.C.

Advise appl icant 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 FBCMR

Names and votes will be made avai l able to the applicant at the appl icant's req uest.

*  Reason and Authority
+ Reen l istment Code

..·,-- -...-::-:-:>. - - - - - - - - - - - - - - - - - - - - - .fl .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .

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'" "'	t:>·     :ll!f:DC>RSEMENT

DATE::

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l/1212007

TO,	I   FROMo

SAF/MRBR

SECRETARY Of fHE AIR FORCE PERSONN>:L COllNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST. SUITE 40	1535 COMMAND llR,  ;f; WING, 3RD FLOOH
RANDOLPH AFB, TX 781 50-4742	ANDREWS  ArH,  MO 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00221	

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 (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, change of reason and authority for discharge, and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  He has expressed a desire for upgrade of his discharge to allow for reenlistment into the armed forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received a Summary Court Martial, two Article 15's, a Letter of Reprimand, two Records of lndividual Counseling and six AETC Form 173's for misconduct.  Applicant had a Summary Court Martial for being absent from his unit for three days without authority and derelict in the performance of duties by failing to stay within 25 miles of Sheppard AFB.  He was punished with a forfeiture of $737.00 pay, 30 days of hard labor without confinement, and a reprimand.  He received his first Article 15 for failure to go to appointed place of duty, failure to adhere to the call to quarters and remain on Sheppard AFB, and making a false official statement.  He was punished with 30 days of extra duty and a reprimand.  The second Article 15 was for failure to go to appointed place of duty.  For this misconduct, he forfeited $550.00 pay for two months, was restricted to Sheppard AFB for 30 days, 30 days of extra duty, and a reprimand.  Applicant also was administratively disciplined for failure to follow prescribed directions; dereliction of duty; failure to maintain appearance standards; sleeping in class; performing an unsafe act, violation of Phase II restrictions, and failure to obey.  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 basi s for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief