AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

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YES	No
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-1 NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF Tll:fi/,BOARD
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MEMBER SITTING
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SSUES	A93.0l	INDEX   NUMBER

A67.30

EXHlBlTS SUMITIED TO THE BOARD
I	ORDER A PPOINTI NG THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF l'ERSONNEL FILE
COU NSEL'S RELEASE TO THE BOAR D ADDITIONAL EXHIBITS SUHM!TTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

21 :Feb 2007	FD-2006-00330
APPLICANT'S ISSUE AND THE BOARD'S DllCISIONAt, RA1'10NAL 'ARE DlSCU$S!10 ON THE ATf  CHED Alll, FORCE DISCHARGE REVIEW BOARD DECISIONAL RA1'10NALll

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 AFBCMR.

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

* Reason and Authority
+ Reenlistment Code

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TO:	FROM:
SAF/MRBR
550 C STREET WEST, SU ITb: 40
RANDOLPH AFB, TX 781 50-4742

SECRETAKY Of' THF. AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND OR, EE WING, 31UJ FLOOR A.NDRF.WS AFB, MO 20762-7002

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

CASE NUMBER

FD-2006-00330

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reenlistment 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: Upgrade of discharge, change of reason and authority for discharge, and change  of reenlistment code are 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 realized his actions while in the military were unacceptable and requested that the review be completed based on the available service record.  The applicant expressed a desire for upgrade of his discharge to allow for reenl istment into the armed forces.  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 the applicant received an Article 15 and five Letters of Reprimand for misconduct.  He received an Article 15 for failing to refrain from storing a weapon in his dormitory room, unlawfully carrying a concealed weapon, and communicating a threat to another airman.  He was punished with a reduction in grade to Airman Basic, restricted to base for 30 days, and 30 days of extra duty.  He was administratively disciplined for dereliction of duty, driving on base with expired registration, failure to obey a lawful order, failure to go, reporting to duty unshaven and with uniform not pressed, and failure to replace a lost restricted area badge.  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 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