AIR FORCE DISCHARG E REV IEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN

I	PERSONAL   A PPEARANCE

x	I	RECORD    REVIEW

COUNSEL
YFS	I	No
I	x

NAME IJ>' COUNSEL ANIJ OR ORGANIZATION	AIJIJRESS ANIJ OR ORGANl/.ATION OF CotlNSf:L

VOTE OF THE BOARD
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MEM BER SITTING

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l lON	GEN	UOTHC

OTHER	DENY
x x x x
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ISSUES

A95.00 AOI.00

INIJEX NUMBER

A67.10

EXHrBITS SUBMITTED TO THE BOARD
1	ORDER Al'l'OINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COU NSEL'S  RELEASE TO Tl l E l!OARD ADDITIONAL  EXH IBITS SUBM ITTED AT TI ME OF PERSONA L APPEA RANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING IJATE	CASE NIJMHEH.

30 Jan 2007	FD-2006-00268
APPLICANT'S ISS!JE ANO THF ROA RD'S IWCISIONAL RATIONAL ARE DISCUSSED ON 'I HE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAl.Y

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 will be made avai l able to the applicant at the applicant's request.

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(/	I NDORSEMENT	DATE: 217/2007

TO:	FH.OM:
SAF/MR BR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARIJ
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

Al<'HQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00268	

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 lead ing 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.

ISSUES:  Applicant received a General discharge for Misconduct--Minor Disciplinary Infractions

The applicant would like to receive his benefits from active duty tenure.  He states he has grown and realized what he had taken for granted; he doesn't want his future to suffer for his childish actions.  The Board empathizes with applicant and is pleased to see he has grown from his experience.  However, no inequity or impropriety in his discharge was suggested or found in the course of the review.  The applicant received a Letter of Counseling--for being late for work nine times, averaging 20-45 minutes late; an Article 15 for failing to obey a lawful general regulation by wrongfully accessing and displaying obscene materials on a government-owned computer; and a Vacation of the Article 15 for failure to go (late for duty, three times).
The Board concluded that 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 appropriately characterize his term of service.

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