AIR FORCE DISCHARGE REVIEW BOARD HEA RING RECORD
NAME OF SERVICE MEMBER (LAST, l<"IRST MIDDLE INITIAL)	GRADE	Al<'SN/SSAN

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TYP£ GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL     ii?  NAME OF COUNSRL AND OR ORGANIZATION	Al>llRESS AND OR ORGANIZATION  OF COUNSEL YES	No
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HON	GEN	UOTHC	OTHER	DENY

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ISSUES

A94.05

INDEX NUMllER

A67.90	....

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1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGJ-:
3	I ..ETTER OF NOT! FICATION
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

22 Feb 2007	FD-2006-0023 7

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APPC!i::ANT'S. J   ttt,  OU   ""'"  ..	· ft.\!..A1.. "" . ,,	ON 1 tt« Al 1, "" ···............ ,... · .,,., • l>ISCl-IARGE llE'Vl'li'i\kll()ARD DECISIONA'iJ"'IQ!iTIONALE	' ''''\ · :·::.: ...	'        ...........     ,\

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Case heard in Washington, D.C.

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Advise applicant of the decision of the Board, the right to a personal appearance with/without cou nsel, and the right to submit an appl ication to the A FBCMR.

Names and votes wi l l  be made avai l able to the applicant at the appl icant's request.

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INDORSEMENT	DATE: 2122/Z007
TO,	FROM:
SAF/MRBR	SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHAl!GE  REVIEW BOARD
550 C STR EET WEST, SUITE 40	15l5 COMMAND  DR. EE WI NG.lRD  FLOOR
RAN DOLPH AFB, TX 781 50-4742	ANhREWS AFB, MD 207(12-7011l

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE  NllMBER

FD-2006-00237	

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

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 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: The Applicant states that his discharge did not take into account the fact that he has a sleeping disorder.  The medical records indicated that the applicant participated in a civilian sleep study.  The sleep study concluded that the applicant had no significant degree of obstructive sleep apnea.  The records indicated the applicant received two Article l Ss and three Letters of Reprimand for misconduct.  The misconduct included late for work on numerous occasions, arrested and charged with Driving Under the Influence, speeding, and failure to go.  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 req uirements 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