AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AI C

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TYPE  GEN

I	PERSONAL    APPEARANCE

x	I	RECORD  REVJ EW

1-	c_o.u.,.w..1_.1111, -"1 NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION m· COtlNSF.L

VOTE OF TllE BOARD
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MEMBER SITTING

llON

GEN	UOTHC	OTHER	DENY

x

x

x
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x x

SSUF.S

A95.00

INDEX NUMBER	A67.10

EXHIBITS SUBMITTED TO THE BOARD

A01.00	ORDER APPOINTING THE ROAR D
2	A l'f'LICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXI JIRITS SlJRMITTED AT TIME OF
PERSONAL  A l'l'FARANCE

TAPE RECORDI NG OF PERSONAL APPEARANCE HE

HF.ARING DATF:	CASE NUMBER

08 Mar 2007	FD-2006-00357
'APPLICANT'S ISSUE AND TI-Ill BOAj!D'S DECISIONAL RATIONAL ARE DlSCUSSllb ON 'l'HE ATl'ACHED AIR FORCE OlSCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in Washi ngton, D.C.

Advise 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 AFBCMR.

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

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INDORSEMt;NT	DATE: 3/8/2007

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOi .1'1 1 AFH, TX 781 50-4742

SF.CRF.TAR\' OF THF. AIR FORCF. PF.RSONNF.L COllNCIL
AIK t"ORn; lllSCHAKGt; 1< nu:w HOAl<ll 1535 COMMANll  llW.,  t<'.E  WING, JW.ll  t'LQOk ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00357	

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: Applicant submitted no issues on his own behalf. The records indicated the applicant received two Article l Ss, one  Letter of Repri mand, and two Records  of Individual Counseling for miscond uct. The misconduct included failure to obey a direct order, failure to respond to a military recall, and fai lure to go. The Board acknowled ged that the member received a clinical evaluation of his sleep functioning in search of a possible organic cause of his frequent tardiness in reporting to duty. H owever, the member's sleep study demonstrated "snoring with mild obstructive sleep disordered breathing  not  currently  diagnostic  of significant obstructive sleep apnea/hypopnea syndrome" which the board believed did not mitigate either his chronic recurrent tardiness or other misconduct. The DRB opined that through the administrative actions cited above, 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 with i n 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