NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
·'   ----------------------------·.
' ------ --------------------- '·

GRADE

AMN

AFSN/SSAN
·----- -- ----- -.
' --- -- ------- -'·

RECORD REVIEW

AD-DRESS·AND OR ORGANIZATION OF COUNSEL

x

x

X+

X+

INDEX NUMllER	A67.l0

1

2

3

4

AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

TYPE  GEN	x

PERSONAL  APPEARANCE

MEMBER SITTING

x

*+

*+

*+

---..	--------"" ----- -- - -- -- -'

*

ISSUF:S

A94.06

ORDER APPOINTING THE BOARD
APPLICATlON FOR REVIEW OF DISCHARGE LETTER OF NOTIFICA TlON
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT   SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDrNG  Of  PERSONAL  APPEARANCE  I IE

Hli:ARING DATE

CASE NIJMBER

23 Jan 2007

FD-2006-00235

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 will be made available to the applicant at the applicant's request.

* CHANGE RE CODE
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'

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TO:

SAF/MRI3R
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SEcRnARY OF THE AIR  FORCE PERSONNf:I, COUNCIL AIR FORCE DISCIIARGF. REVIEW BOARD
1535 COMMAND DR, EE WING, lRD FLOOR 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 NliMBER

FD-2006-00235	

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), with counsel, at Andrews AFB  on  23  Jan  2007.	The  following  witness  also  testified  on  the  applicant's  behalf:  Sgt  First  Class
:-························:(mother).
------------------------- ·
The following additional exhibits were submitted at the hearing: Exhibit 5: American Legion Statement

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:   The discharge is upgraded  to Honorable.   The change of reason and authority for discharge and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's characterization should be changed to Honorable.

ISSUE:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. Applicant contends he was unfairly singled out for minor infractions and these were used to eliminate him from the Air Force.  The applicant expressed his desire for upgrade of his discharge to allow for reenl istment into the armed forces.  The records indicated the applicant received an Article 15, a Vacation, two Letters of Reprimand and a Letter of Counseling for misconduct.  The applicant was disciplined for failure to obey a lawful order from a superior noncommissioned officer, failure to go to appointed place of duty, bei ng late for dorm inspection, a failed dorm inspection, and failure to return to duty in a reasonable period of time.  After
a thorough and complete consideration of the information submitted by the applicant, the applicant's compelling personal testimony, information provided by the applicant's witness, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of his discharge to Honorable.  The Board did not however agree to change the applicant's reason and authority or his reenlistment code.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief