AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBF,R (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AB

t .................:

TYPE GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
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HON

GEN

UOTHC

OTHER	DENY
x

x
x x
.	x
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ISSUES

A94.05

INDEX NUMBER

A67.90

EXHIBli:i!S.SUBMfITED TO THE BOARI,)
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TI ME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPf:ARANCE l lE

HEARING DATE	CASF. NUMBER

29 Mar 2007

FD-2006-00392

Case heard in Washington, D.C.

Advise 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 A FBCMR.

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

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TOo

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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	CASE NUMBER

FD-2006-00392	

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

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,  change  of  reason   and  authority   for  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:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. He has also expressed a desire to upgrade his discharge to qualify for reenlistment into the armed forces. The records indicated the applicant received an Article 15, three Letters of Repri mand, and two Records of
Individual Counseling for misconduct.  The applicant received an Article 15 for failing to go to his appointed place of duty; failing to obey an order by not allowing unescorted visitors in the dormitories; and making a false official statement.  He was punished with a reduction in grade to Airman Basic and suspended
forfeiture of pay for two months.  He was administratively disciplined for dereliction of duty, being late for work on several occasions, and failure to obey a lawful order. The DRB 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