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	RECORD  REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
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VOTE OF TIIE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

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ISSUES	A92.21	I    INDEX NUMBER	A67.90	EXHIBITS SUBMITTED TO THE BOARD
A94.05	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

13 Mar 2007	FD-2006-00222
APPLiqANT'S ISSUE ANl>THE BOA\U>'SDECISIONAL RATIONAL ARE DISCUSSEI.> ON TIIE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 AFBCMR.

Names and votes wil l be made available to the applicant at the applicant's request.

* Reason and Authority

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TO:	FROM:
SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX  78150-4742	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-2006-00222	

GENERAL:	The applicant appeals for upgrade  of discharge to honorable  and to change the reason and authority for the discharge.

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 and change of reason and authority for discharge are 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article 15s, seven Letters of Reprimand, four Letters of Counseling, and two Records oflndividual Counseling for misconduct.  The applicant's first Article 15 was for failure to go at the time prescribed to his appointed place of duty and for failing to maintain his kitchen within standards.  He was punished with a suspended reduction to Airman, suspended forfeiture of pay for two months and seven days of extra duty.  His second Article 15 was for unlawfully pushing and grabbing another airman with his hands and for failing to refrain from drinking alcoholic beverages while under the age of 21.  He was reduced in grade to Airman, restricted to base for 30 days and a reprimand.  He had numerous infractions and was administratively disciplined for violating a no-contact order, wearing earrings, lying to an NCO, being late for appointments, failed room inspection, failure to go, failure to meet minimum standards for upgrade training, failure to perform duty, being late for class/work and wearing earrings in uniform.  The DRB
opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's 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.

Issue 2.  The DRB was pleased to see that the applicant is doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The	
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	

Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a