AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAM•:OF SERVICE M•:MBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

·'------------------------------ ..	AJ C

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x

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TYPE GEN	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW

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"'"'"''"'"·'	NAME OF COUNSEL AN!> OR ORGANIZATION	iiODRESS AND OK ORGANIZATION  OF COUNSEL
YES	No
I	x

MEMBER SITTING

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HON	GEN	UOTJ IC	OTllFR	DENY

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-------------------------------	x
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ISSUES

A93.2\

I NIH:X NUMBER

A67.90

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,,,,.,.;;.

A94.05

1	ORDER APPOINTING THE BOARD
I   2	Al'PLICA TION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOA IW
ADDITJONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE HEARING

!!EARING DATE	CASE N UMllER

15 Mar 2007	FD-2006-00372
I	,,,'-... I ,	,,!',,.,  o ..J	·v"n  \"'"i:t""w VN i 1TALH;IJ AIR      lllr	.•.	R1'11u "' ., !''\\.·' ·······  } )/it;}\ .' .....	"'I < •··•·•··
Case heard in Wash i ngton, 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 application to the A FBCMR.

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

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/
'E;A_t	;''16/2001

TO,	FROMo
SAF/MRBR	SECRETARY  OF T!IE AIR  FORCE  pf:RSONNEL  COUNCii,
AIR FORCE DISCHAJIGF: REVIEW BOAKll
550 C STREET WEST, SUITE 40	1535 COMMAND IJK, l';E WING, JRD FLOOR
RANDOLPH A FB, TX 78150-4742	AN DREWS At'B, MO 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00372	

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 substanti ates an inequity or impropriety that would justify a change of d i scharge.

ISSUE: The applicant contends discharge was inequitable because it was too harsh and did not take into account his medical condition. The member was being treated for recurrent ear infections while on active duty. Following a review of all available facts and evidence in the case, the Board found no causal or mitigating relationship between the member's instances of misconduct and  his  medical  condition.  The records indicated the applicant received three Article 15s, two Letters of Repri mand, one Letter of Counseling, and six Records of Individual Counseling for misconduct. The misconduct included on divers occasions, substandard job performance, fai lure to complete assigned training, failure to go, dereliction of duty, and being late for work. 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 administrati ve 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