AIR FORCE DISCHARGE  REVIEW BOARD HEA RING  RECORD

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NAME  OF SERVICE M•:MBER (LAST, FIRST MIDDLE INITIAL)	GRADK	AFSN/SSAN
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AMN

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TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	AIJIJRESS ANIJ OR ORGANIZATION  OF COllNSEL YES	No
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VOTE OF THE BOARD

MEMBER SITTING

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ISSUf;S

A94.05

INDEX NUMBER

A67.IO

EXHIBITS SUBMITTED TO THE BOARD.
I	ORDER APPOINTING Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIE!' OF PERSONNEL FI LE 	 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHll3ITS SUBM ITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE 1 IH

HEARING DATE	CASE NUMBER

08 Mar 2007	FD-2006-00365
APPLTCANT'S ISSUF AN[) THE BOARD'S UECISIONAL RATIONAL ARE DISCUSSED ON THh ATl ACHHJ AIR FORCE lilSCHAl\OE l\EVIEW ROA RD DFCISIONAL l\ATIONALE

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance wit h/without counsel, and the right to subm it an application to the AFBCMR.

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

X -Upgrade of Discharge and Change of Reason & Authori ty are Denied

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INOORSEMENT	DATE: 3/8/2007
TO>	FROM-
SAF/MRRR	Sf:CRETARI' OF Tiff AIR FORCE PERSONNEL COll NCIL
AIR H>RCE DISCH,\RGE RE\'IE\\  BOAIW
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRIJ FLOOR
RANDOLPH AFB, TX 78150-4742	ANllRF.WS AFB, Mil 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMm;R

FD-2006-00365	

GENERAL:	The applicant appeals for upgrade  of discharge to honorable  and to change the reason  and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains avai Iable pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge and change of reason and authority for discharge 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.  He indicated that the cause of his tardiness was a sleep disorder. The records indicated the appl icant received two Article 15s, six Letters of Reprimand, and one Letter of Counsel ing for misconduct.  The miscond uct included failure to go, late for duty on numerous occasions, uniform viol ations, failed dorm inspections, and speeding.   The Board acknowledged 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. However, the member's sleep study
demonstrated "mild obstructive sleep apnea" 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 mi litary members.  The characterization of the discharge received by the applicant was found to be appropriate.

CONCLUSIONS: The Discharge Revi ew Board concludes that the discharge was consi stent 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 shoul d not be changed.

Attachment: Examiner's Brief