AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBEK (LAST, FIRST MIOOLF. INITIAL)
·:------------------------ .:
-----------------------

GRADE

AMN

AFSN/SSAN

.....	.

1.· ·-- - - - - - - - - - -·.
------------·

TY PF. GEN

I	PERSONAL    APPEARANCE

x	I	RECORD    REVIEW

COUNSEL	NAM>: OF COll NS>:I., ANll OR ORGANIZATION l YE-S,  ---.  -No---I
I	x
MEMBER SITTING
-------------------------------- ...

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD
----·------- ----- ----------------··--·
HON	GEN	lJOTHC	OTHER	DENY

.	x
x
x
x
---.
.	x
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SSUES

A92.21 A92.01 A92.03 A94.0S

INDEX NliMBER

A67.l0

EXHIBITS SUBMITTED TO TllE BOARD
1	OR DER A l'l'OI NTI NO TH E BOARD
2	APPLICATION  FOR  REVIEW OF DISCI IAR(iE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
ADDITIONAL EXHI UITS SlJBMITTED A'I TIME OF PERSONAL APPEARANCE
TAPE RECORDING  or PERSONAL  APPEARANCE  HE

HEARING DATE

{'<\SE NUMBER

30 Jan 2007	FD-2006-00278
APPLICANl 'S ISSU> ANllTHf BOARD'S DECISIONAL RATIONAL ARE DlS('t /SSHJ)ON THH AT! AUlFll AIR HJRCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in Washington, D.C.

J\dvisc 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 availabl e to the appl icant at the applicant's req uest.

X - Upgrade, Change Reason and Change RE Code

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:

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DATE:  2/15/2007

TO:	l<'KOl\1:
SAF/MRBR
550 C STREET WEST. SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AF'H, Mil 20762- 70112

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00278	

GENERAL: The appl icant appeals for upgrade of discharge to honorable, to change  the  reason  and authority and to change the reen l istment code. The attached brief contains avail able perti nent data on the appl icant and the factors leading to the discharge.

FINDI NGS:	Upgrade   of  discharge,  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  the  applicant  substantiates an inequity or impropriety that would justify a change of discharge.

ISSUES:

I ssue 1. Applicant contends discharge was ineq uitable because he served three years without incident and his discharge did not take into account the good things he did while in the service.  The records indicate that the applicant received two Letters of Reprimand (LORs) for 1) underage drinking after being counseled that it was illegal and 2) was involved in a verbal altercation in which a Colorado Spring police officer
intervened; it was then revealed that he had an outstanding arrest warrant for leaving the scene of an accident with injuries, failing to stop at a stop!ight, leaving the scene of an accident, failing to report, failing to
display insurance, driving under the influence (DUI) and a hit and run. The applicant was arrested until he posted bail. In addition, it was revealed that he had his driving privileges revoked by the State of Colorado and was driving back and forlh from his residence to work. Because of the severity of the incident involving the accident and bei ng charged of DUI he was placed on the Control Roster. Further, the appl icant had h is right to bear firearms temporarily withd rawn due to an earl ier DU I in Colorado Springs. The applicant also received an Article 15 for being drunk and disorderly at or near the AF Academy where he received a reduction to the grade of Airman. The Board took note of the applicant's duty performance as documented  by his performance reports, letters ofrecommendation and other accomplishments, but found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board
concluded that the characterization of discharge was appropriate for the reasons which were the basis for this case. In addition, the Board concluded that the reason and the RE code received by the appl icant were found to be appropriate.

Issue 2.  Applicant would like the Board to con sider his accomplishments since his discharge.  He states he has completed a degree in medical studies, is now married and his wife is an active duty Air Force member. He believes he has much to offer and woul d l ike to serve again in the military.  The Board was pleased to sec that the applicant was doing well; however, no ineq uity or impropriety in his discharge was suggested or
found in the course of the review.  The Board concluded the misconduct of the applicant appropriately characterized 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, was with in 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, change of reason for discharge or change in the RE Code; therefore, the applicant's discharge should not be changed.

Attachment: Examiner's Brief