AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

AMN

AFSN/SSAN

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I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

YES	No
x

NAME OF COUNSEL AND OH ORGANIZATION

ADDRESS AND OR ORGANIZATION Of COUNSEL

MEMBER SITTING

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x
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x
-:
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_:
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ISSUES

A94.05

INDEX NUMBER

A67. 10

1	ORDER Al'POINTJNG THE 130ARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH!l3ITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DA n;	CASE NUMBER

13 Ma r 2007	FD-2006-00329

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 submit an appl ication to the A FBCMR.

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

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TO,

SAF/MRHR
550 C STREET WEST, SlJITF 40 RANDOLPH AFB. TX 78150-4742

FROM,

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVrnW JJOARIJ
1535 COMMA NI> l>R. EE WING, JRD FLOOR ANDR!<:WS AFJJ, Mll 10762·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00329	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 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 discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, two Letters of Reprimand, a Letter of Counseling, and two Memorandums for Record for misconduct.  Applicant received an Article 15 for failure to go to appointed place of duty, failing to remain in proper military uniform, and wrongfully operating a privately owned vehicle.  He was punished with a reduction in grade to Airman, forfeiture of pay, restriction to base for 30 days, and 30 days of extra duty.  He was administratively disciplined for failure to go, dereliction of duty, sleeping on duty, security violation, wearing jewelry while working on an energized test station, failing to shave, and room failure.
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 military members.  The characteri zati on 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 equitabl e basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief