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

.'------------------------------------------ '	AI C

-' -----------------'

------------------------------------------ '	------------------
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COl!NS!i'.J;:	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

MEMBER SITTING

0<\<

VOTE O	lll BOARD
\   <  '  ·'

-·'' "· ·"····

....,

----------------------------------'.
'.'
'.'

'

' '.'
'

HON	GEN	UOTHC

OTl lER	DENY

x
x x

.

_,	'
''	x

'

.

....,	'
''	x
----------------------------------
ISSUES	A94.05	INDEX NUMBER	A67. 10	EXHIBITS SUBMIT1;-' ED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONA L  EXHIBITS SUBMITTED AT TIM E 01' PERSONAL   APPEARANCE
TAPE R ECORDI NG OF PERSONAL APPEARANCE  I IF

HEARING DATR	CASE NUMBER

20 Ma r 2007	FD-2006-00387
Al'PLl'*NT'S 1$$\Jl!ANuTf!E llOARD'S, DECISIONAL l\ATlf1GUSSl!b ON Tlil\1TI1C1. iED AIR FORC'll DIS   !( \Pl:?,'.'OARD DECISIONAi- RATIONALE

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 application to the A FBCMR.

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

-',------------------------------------------------------------------------------------------------------------	'
'	'

'

'

''	'''
'
' -------------------------------- G=:·---,--------------------- ·-·1 ··------,z---------------------------------- '·
., .	I)	INDORsEMEN1'	.	DATE:    312612007
TO:	FROM:
SAF/MRBR	SECRETARY OF nu; AIR t"Ol<O: PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  AFB, TX 781 50-4742	ANDREWS AFB, MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMllER

FD-2006-00387	

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:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, three Letters of Reprimand, a Letter of Counseling, a Record of Individual Counseling and a Memorandum for Record for misconduct.  Applicant received an Article 15 for violating a lawful order to not drive on Beale AFB or any other military installation.  He was reduced in grade to Airman First Class, received a suspended forfeiture of pay, 45 days of extra duty and a reprimand.  He was administratively disciplined for being absent from duty without leave, failure to go, failure to obey a lawful order, being late for work, and driving without insurance and          while driving privileges were revoked.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  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