AIR FORCE DISCHARGE REVIEW  BOARD HEARING  RECORD
NAME OF St:RVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRAm:	AFSN/SSAN

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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
NAME  OF COUNSEL ANO OR ORGANIZATION	AOORF.SS ANll OR ORGANIZATION  OF COUNSEL

YES	No
x

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VOTE OFl1:

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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x x

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x
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ISSllRS	A94.0S	INDEX NUMBER	A67.10	lllll'llTS SUBMITTED TO't'l:ll.E BOARD·
1	ORDER APPOINTING Tl IE HOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOT! FICATION
4	BRIEF OF PERSONNEL flLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX! !!BITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

llF.ARING DATE	CASK NUMBER

08 Mar 2007	FD-2006-00289

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Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/wi thout counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made avai lable to the applicant at the appl icant's request.

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INl1C)J;{$EN)'ENT	DTE: 3/9/2007
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SAF/MROR	SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE Rt:\'IEW ROARll
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JI<ll FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDR;ws AFR,  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-2006-00289	

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.

FINDI NGS:  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:  Applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 and four Records of Individual Counseling for misconduct.  The misconduct included being late for duty, failure to obey a regulation, failure to complete Department of Defense Practical Evaluations, striking two senior airmen in the face, and making terroristic threats. The applicant indicated that the terroristic threat conviction had been expunged from his police records. Under AFI 36-3208, paragraph 5.51, airmen are subject to discharge for misconduct based on civilian conviction by civilian authorities when a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-martial.  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 mi l itary 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 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 eq uitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief