AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF S;tWICE M ;M BER (LAST. FIRST M IDDLE IN ITIAL)	GRADE	AFSN/SSAN

--------------------------- :
--------------------------;

--------------·

:	:

AB

................

TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

COIJNSl!:L	NAMf; OF COUNSEi. AND OR ORGANIZATION	AJJIJl<f;ss ANll OR ORGANIZATION OF COUNSEL
YES	Nn
x

MEMBER SITTING

VOTE OF THE BOARD
------------·-- -·-··--

HON	CiEN

UOTllC	OTHER

DENY

1-------------------- ----..--------------+-- ---+-·----··--"----+-- --+-- --t-----·-··-···- ··------
x

r---:
''
''
r---:
''
''
''' '
'''

----------------------------------

o---	-	---- ---------+-- ---+-------+-- ---+-- --+-- -··-·---··-·  ., --·
x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.90

EXHIBITS SUBMITTED TO THE BOARD
]	ORDER APPOI NTI NG THE BOARD
2	APPLICATION FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF l'ERSONNEL FILE COUNSEL'S RELEASE TO THE I30ARD
ADDITIONA L EXHIBITS SUBMITTED AT II M r OF
PERSONAL A PPEARANCE
l-----+-------------  ---··--·	1
TA PF RECORDI NG OF PERSONAL Al'PEARANC E HE

1--- ----------+- ------------------+--+--- -------- --------·"---- -
HEARING DATE	

08 Ma r 2007	FD-2006-00360
APPLICANTS ISSUE ANO THE BOARD'S DEC!SIONA!.- RAnONAL ARB DISCUSSED ON THE A'ITACHE!J AIR FORCE OlSCHAROll REVIEW BOAl\D Dl:lCISlONAL RATIONAl.E

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 appl ication to the AFBCMR.

Names and votes wi l l be made avai lable to the applicant at the appl icant's req uest.

X - Upgrade of Discharge and Change i n Reen l istment Code are Denied

.•

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ..... - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - .-4!2 - - - - - - - - - - - -    -_._,....<---------

'	·

I ...··
.-"'···
'
--- -- --- --- .,- --- ----- --- --- ·-- --- -- --- --.	; ; - --- --- r --- --- --- --- --- -- --- -------- ----- -..-	Q; ' 001

TO•

SAf/MRBR
550 C STREET WEST, SUITE 40
RA NDOi.i'i i A FH, TX 781 50.4742

FROMo

SECRETARY OF THE AIR FORCE PERSONNEi. COUNCIL AIR FORCE DISCllARGE REVIEW BOARD
1$3$ COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASF. NUMIJF:R

FD-2006-00360	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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 and change of reenlistment code are 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 two Article 15s, one Letter of Reprimand and two Letters of Counseling for misconduct. The misconduct included driving without a license, failing to report to supervisor, misrepresenting himself as a senior noncommissioned officer and a first sergeant, making a false statement, dereliction of duty and assault on another corrcctee while m correctional custody. 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 appl icant 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