AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

NAIVU:OF Sl<:RVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AMN

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TYPE G EN

PERSONAL  APPEARANCE	x	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS ANJl OR ORGANIZATION Ot' COllNSF;L

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY
x x x
x x

ISSUES

A95.00 AOl.00

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS Sl BMITTED AT TI ME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

20 Feb 2007	FD-2006-00327
RATIONAL  ARE PISCUSSEd(i!l;N/lll:l!iki\lTACHED

Case heard in Washington, D.C.

Ad vise appl icant 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 wi l l be made available to the applicant at the appl icant's req uest.

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SAF/MRBR
550 C STREET WEST,  SUITE 40 RA N DOLPH AFB. TX 781 50-4742

SECRETARY Ot' THF. AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
lo35 COMMAND DR, EE WING, JRD FLOOK ANDREWS 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-2006-0032 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 an Article 15, a Vacation, six Letters of Reprimand and a Letter of Counseling for misconduct.  The applicant received an Article 15 for sleeping on post while assigned as a sentinel at Nighthawk 4.  He received a suspended reduction in grade to Airman, 30 days extra duty and a reprimand.  The Vacation was received for failure to go to appointed place of duty at the United States Air Force firing range.  As a result, he was punished with a reduction in grade to Airman.  The applicant had additional misconduct and was administratively disciplined for failure to obey an order, fai lure to respond to unannounced alarm activation, reporting to duty with uniform below standards, failure to go on two separate occasions, and dereliction of duty.  The ORB 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 aIJ 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.

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