AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE M•:MBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AlC	'	'

1---------------r-----·----.----------------------+------------.i._,;. _ _ _ _ _ _ _ _ _ _ _ _ _ ,	_,
TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNS!';L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

No
x

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MEMBER SITTING
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GEN  -+-U-OTHC

OTHER	DEN Y

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X*

X*
X* X*

ISSUt;S

A94.05

INDEX NUMBER

A67.50

X*

1	ORDER APPOINTING THE BOARD
2	APPLICATION   FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTif lCATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIO   AL  :XHIBITS   UBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE lff

HEARING DATF.	CASE N{JMDF.R

25 Apr 2007	FD-2006-00298

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 A FBCMR.

Names and votes will be made available to the applicant at the applicant's request.
* Reason and Authority
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SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150"4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 2076?- 700?

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00298	

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

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 of reason and authority for discharge 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.

ISSUE:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, a Vacation, and six Letters of Reprimand for misconduct.  The applicant received an Article 15 for sending an electronic message that was inappropriate and offensive to his entire squadron.  He was punished with a suspended reduction to Airman First Class, fourteen days of extra duty and a reprimand.  The Vacation action was for failure to obey a lawful order and for being derelict in the performance of his duties in that he willfully failed to refrain from putting bleach on his skin.  These actions resulted in his reduction in grade to Airman First Class.  He was administratively disciplined for failure to obey an order, failure to return to duty at the appropriate time, threatening to harm another airman, failure to wear his BDU top while dining at a local restaurant, and dereliction of duty on two separate occasions.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's 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 requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

Inview 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