AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

*NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
.. - - - - - - - - - - - - - - - - - - - - -.

GRADE	AFSN/SSAN
·-------- --- ---.

'	'
--------------------J

AI C

'	.
'---------------'

TYPE   GEN	PERSONAL APPEARA NCE

x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

AIJIJRESS ANIJ OR ORGANIZA TJON OF COUNS£J,

VOTE OF THE 8()1\RD

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY

x	+*
x	+*

X+*

x	I *

ISSUES

A94.06

INDEX NIJMDER

A67. 10

x	+*

ORDER APPOINTING Tl IE HOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE HOA RD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEA RANCE

TAPE RECORDING OF PERSONAL APPEARANCE  I IF

HEARING IJATE	CASE NUMBER

08 Mar 2007	FD-2006-00313

Case heard in Washington, D.C.

Ad vise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the A FBCMR.

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

+ RE Code
* Reason and Authority

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TO:

SAF/MRl:lR
550 C STREET WEST, SUITE 40 RANDOLPH AFI3, TX 78150-4742

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCllARGE REYJEW  BOARJJ
153<; COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFD, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NlJMBER

FD-2006-00313	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reenl istment eligibility (RE) 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: The board grants partial relief. Discharge is upgraded to Honorable.  However,  change of reason and authority for the discharge and change of RE code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's characterization for discharge inequitable.

ISSUE: Applicant contends his discharge was inequitable because it was too harsh.  The Board reviewed the entire record and found evidence of an inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received three Letters of Reprimand and one Letter of Counseling for misconduct. The misconduct included failure to evacuate during a fire drill, failure to go, tobacco found in room during Phase 1 training, and driving a vehicle while in Phase 1 training. The Board noted that all incidents occurred  within the span of four days. The DRB opined that the applicant was not provided an adequate period for probation and rehabilitation. The Board concluded there was sufficient mitigation to substantiate upgrade of the discharge. Specifically, the Board found the characterization too harsh.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable. The applicant's characteri zation should be changed to Honorable under the provisions of Titl e ] 0, USC 1553.

Attachment: Examiner's Brief