AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MlDULI<: IN ITIAL)	GRADE	A FSN/SSAN

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AMN

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TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1- co_u_..:..&.-_.... NAME OF COIJNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF TIIE BOARD

MEMBER SITTING

HON	OEN

lJOTI IC

OTHER	DENY

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ISSllES

A94.05

INDEX NUMBER

A67.30

EXHlBlTS SUBMITTED TO THE BOARD
1	ORDER A PPOI NTING THE BOARD
2	APPLICATION fOR REVIEW OF DISC! IARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON NEL FILE
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHll31TS SUBM ITTED Al l'IME OF PERSONAL  APPEARANCE
TAPE RECORDING or PERSONAL APPFA RA NCF I IF

Hf:ARING DATE	CASE NllMBER

13 Mar 2007	FD-2006-00358
Al'PLICAl"S JSSUI! AND THE BORf!;s DECISIONAL RATIONAi. ARE DISCUSSED ?N	AlTACHED AIR. fOll.CE D!SCHAROE REVIEW SOARIYPECISIONAL ll.ATIONALll:

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 appl ication to the AFBC MR.

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

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TO:	FROM:
SAf/MRBR
550 C STREET WEST, SUITE 40
RA NDOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCF: DISCHARGE REVIEW BOARD
1535 COMMANl> llR, u,; WING, JKD FLOOK
ANDRF:WS AFR, MD l0762-71KIZ

AFHQ FORM 0-2077, JAN 00

(Ef'-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00358	

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 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.  Applicant admits he made a mistake.  He contends that his commander had told him that he would be retrained.  Upon returning from confinement, he finished out his sentence by serving base restriction.  While he was waiting for his paperwork to be processed, his commander was reassigned.  The new commander was not aware of the retraining package and processed the applicant for an administrative discharge.  The records indicated the applicant received a Special Court Martial for wrongfully drawing his firearm when the lawful use of deadly force was not necessary, and failure to maintain attention, alertness, and vigilance as a sentinel.  He was sentenced to a reduction in grade to Airman Basic, confinement for 30 days, and restriction to base for 30 days.  The DRB reviewed the applicant's entire record and found no evidence of an impropriety or inequity. The Board concluded the applicant's 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