AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDU:IN ITIAL)

GRADE

A FSN/SSAN

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AB	·:---------------.:

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TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1-	t'o_:·ur11_1s1_1:i_::i	, NAME OF COllNSf.L  /\ND OR  ORGANIZATION
YES	No
x

ADDHICSS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

.

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.

.	x
...	x
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.	x
r:.	.	x

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A95.00

INDEX NUMBER

A67.IO

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AOI.00	1

ORDER APPOI NTING THE BOAR D

2	·     APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS  SUBMITTED AT TIME OF PERSONAL  APPEARA NCE
TAPE RECORDING OF PERSONAL APPEARANCE IIE

H.EAfol.I NG DATE	CASE NUMIJEI<

20 Feb 2007	FD-2006-00317

Case heard in Washington, D.C.

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ON 1

rlflNAtE

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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 AFBCMR

Names and votes wi l l be made available to the applicant at the applicant's request.

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TO:

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

FROM:

DATE'i ::ztzo12001

p '

SECl<ETARY OF THE AIR  t'ORCE PERSONNEL  COUNCIL AIR FOl<CE DISCHARGE REv1•:w  BOARD
1535 COMMA Nil DR, EE WING, 3Rll FLOOR ANllREWS AFB, Mil 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-2006-0031 7	

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.

FINDINGS:  Upgrade of discharge is 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.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had received two Article 15's and a Letter of Reprimand for misconduct.  His first Article 15 was for failure to obey a no-contact order.  He
was reduced in grade to Airman Basic with reduction below Airman suspended, restricted to Luke AFB for 45 days, and 30 days of extra duty.  His second Article 15 was for signing an official statement with intent to deceive and writing checks with insufficient funds.	He was punished with a reduction in grade to Airman Basic, 45 days extra duty and a reprimand.  He was also administratively disciplined with a Letter of Reprimand for dereliction of duty.  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 req uirements 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 equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief