AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

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

At C

AFSN/SSAN

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TYPE GEN

x	PERSONAL  APPEARANCE

RECORD REVIEW

1--,,=-...c_o_1.J.N.SE_L_--I  NAME OF COUNSEL AND OR ORGANIZATION
YES	No
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ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
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HON	GEN	UOTHC	OTHER

DENY

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x

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ISSUES

A94.05

I Nllf.X  NllMllER

A67.10

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
ADD    I	A  • EXHI   ITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING  DATE	CASE NUMBER

27 Mar 2007	FD-2006-00234

Case heard in Washington, D.C.

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

Names and votes wi ll be made available to the appl icant at the applicant's req uest.

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

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW  llOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MO 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-2006-00234	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

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

The following additional exhibits were submitted at the hearing: Exhibit #5:  Two character letters
Exhibit #6:  Letter of Appreciation and Patch from 2Lt r	:
Exhibit #7: Certificate - Participation in Columbus AFB DEFY Program

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.

ISSUE:

Applicant contends his discharge was inequitable because his characterization was too harsh.  The records indicated the applicant received two nonjudicial punishments under Article 15, UCMJ:  (1) dereliction of duty by sleeping on post as a security forces member; by falling asleep while operating a patrol vehicle causing damage to a government vehicle and damage to an aircraft, false official statement; and (2)  assault and battery of his active duty spouse, damage to his government housing, and failure to go to his place of duty), two Letters of Reprimand (one for dereliction of duty and lying, and another for driving his car without insurance and causing a domestic disturbance), a Letter of Counseling (for financial irresponsibility), had an unfavorable information file opened for his misconduct and was placed on the control roster prior to his discharge.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the appl icant's misconduct during his brief enlistment outweighed any positive contributions he made while serving on active duty.  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 basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief