AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF Sli:RVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

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TYPE  GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

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ADDRESS AND OR ORGANIZATION  OF COtJNSEL

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MEMBER SITTING

HON	GEN

UOTHC	OTJ I HR

DENY

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SSllES	A94.05

I          INDEX NUMBER	A69.00	I-."''"'    "'-,-----'	. JJ	!;rf!E BOARD	'    f:  ... ,
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE
COU NSEL'S RELEASE TO THE BOARD ADDITIONAL EXHII31TS SUBMITTED AT TI M E OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE

Hf:ARING DATE	CASE NUMBER

08 Mar 2007	FD-2006-00273

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an appl ication to the AFBCMR.

Names and votes will be made avail able to the appl icant at the applicant's req uest.

X- Upgrade of Discharge and Change of Reenlistment Code are Denied
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TO:

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

FROMo

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCI". DISCHARGE REVIEW BOARD
1535 COMMANll DR, EE WING, JRD t"LOOR ANDREWS AFll, 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-2006-00273	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.

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 ofrcenl i stment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for misconduct.  The misconduct included theft of a compact disc car stereo. The applicant also failed the alcohol rehabilitation program.  The DRB opined that through these administrative actions, the appl i cant had ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant departure from cond uct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. The applicant stated he was told he would be el igible to reenlist in six months. The DRB noted the issue was common, the result of miscommunication. The applicant would only be eligible for reenlistment if his discharge was upgraded and his reenlistment code was changed. Whi l e a discharge may be upgraded it is by no means automatic. A discharge is upgraded only if the applicant and the DRR can establish an inequity or impropriety took place at the time of discharge. In this case, none was found, so the Board denied the appeal.

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 equitabl e basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief